The 5th U.S. Circuit Appeals Court on Friday denied a U.S. government motion to hold in abeyance a challenge of the FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses pending a U.S. Supreme Court decision in another case (see 2410090025). That case, U.S. Nuclear Regulatory Commission v. Texas, considers whether the Hobbs Act permits a “party aggrieved” by an agency’s “final order” to seek review in a federal court of appeals and “allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority.” The 5th Circuit denied the motion without commentary (docket 23-60641).

Noting the lower 37 GHz band's importance to Starry's fixed wireless access operations, CEO Alex Moulle-Berteaux discussed lower 37 GHz coordination regime with Commissioner Brendan Carr and other FCC staff. Moulle-Berteaux urged a two-phase coordination process modeled on the existing 70/80 GHz band and largely following the process outlined in the recent lower 37 GHz band public notice (see [Ref;2408090034]), said the docket 24-243 filing Friday. That approach would let users and services develop technologies in the band, while allowing co-equal co-primary coordination into the band, he said. Starry said tweaks could come over time, reflecting better dynamic sharing technology and allowing more intensive use. Company officials also met with the offices of the other four commissioners and staffers from the Wireless Bureau and Office of Engineering and Technology.

The FCC released its September directions on applying for designation as a cybersecurity labeling administrator (CLA) or lead administrator under the new voluntary cyber-trust mark program (see 2409100052). The notice for Monday's Federal Register provides guidance on the application format, filing fees, selection criteria, the sharing of expenses, lead administrator neutrality and confidentiality and security requirements. The notice also said written comments on the Paperwork Reduction Act information collection requirements imposed by the rules are due Dec. 20. Commissioners approved the cyber mark program 5-0 in March (see 2403140034).

Groups representing electric utilities on Friday opposed a controversial proposal giving the FirstNet Authority effective control of the 4.9 GHz band. The Edison Electric Institute, the National Rural Electric Cooperative Association and the Utilities Technology Council expressed “grave concern” about rumors the FCC is considering an order that would “cede local control of the 4.9 GHz band from public safety organizations” to the authority. Taking control from public safety users “could undermine their ability to tailor communications solutions to their specific needs,” the utilities said: It could “stifle the development of non-commercial applications in the band.” The filing said “fundamental questions have been raised about FirstNet's legal authority to operate outside the 700 MHz band, and its past performance with AT&T raises concerns about service prioritization for public safety.” The filing was made in docket 07-100. The FCC has not yet posted it. The FCC should also consider the communications needs of critical infrastructure entities, the groups said.

Consumer and public interest groups on Friday asked the FCC to act on a handset unlocking mandate, proposed in a July NPRM (see 2407180037). “Wireless users are subject to unnecessary restrictions in the form of locked devices, which tie them to their service providers even when better options may be available,” the letter said: “Handset locking practices limit consumer freedom and lessen competition by creating an artificial technological barrier to switching providers.” Among the 15 groups signing on were Public Knowledge, New America’s Open Technology Institute, Consumer Reports, the National Consumers League, the National Consumer Law Center and the Benton Institute for Broadband & Society. T-Mobile, meanwhile, warned that the mandate would harm consumers. It estimates prepaid customers “would see subsidies reduced by 40% to 70% for both its lower and higher-end devices, such as the Moto G, Samsung A15, and iPhone 12,” said a filing made Thursday in docket 24-186: “A handset unlocking mandate would also leave providers little choice but to limit their handset offers to lower cost and often lesser performing handsets.” T-Mobile also questioned whether the FCC has the legal authority to impose the rules. Company representatives spoke with staff from the FCC Wireless Bureau and Office of Economics and Analytics.

UScellular announced on Friday a $1 billion agreement to sell Verizon some of its spectrum licenses, which are not part of the proposed sale of wireless assets to T-Mobile (see 2405280047). T-Mobile is buying “substantially all” of UScellular’s wireless operations in a deal valued at about $4.4 billion, but it's purchasing only some of its spectrum licenses. Verizon agreed to buy UScellular’s 850 MHz, AWS and PCS licenses. “The transaction with Verizon is subject to the receipt of regulatory approvals and satisfaction of customary closing conditions,” said a news release. UScellular said it also has agreements with two unnamed carriers for the sale of spectrum across the C-band, 700 MHz and citizens broadband radio service bands. Buyers and terms weren’t disclosed. The company has yet to reach an agreement on 3.4 billion MHz POPs of low- and mid-band spectrum licenses. Sales are contingent upon closing of the proposed T-Mobile transaction. "We are pleased that significant value for a portion of the remaining licenses will be realized," said Laurent Therivel, UScellular CEO: “We are continuing the process to opportunistically monetize the remaining spectrum assets not included in today's announcement." The transaction isn’t a "surprise,” though “the price was higher than expected,” New Street’s Jonathan Chaplin told investors.

Representatives of the New York Metropolitan Transportation Authority (MTA) met with an aide to FCC Commissioner Geoffrey Starks on how rules changes for the 4.9 GHz band could alter construction of its communications based train control (CBTC) modernization project, which uses the spectrum. “MTA urged the Commission to ensure that the rules it adopts allow MTA to continue its CBTC deployment,” said a filing posted Thursday in docket 07-100. MTA asked whether it would be able to retain its existing geographic area license and authorization for sites currently operated under its license. “Bearing in mind that construction … may extend for decades, and the need for upgrades/changes to sites will be ongoing, will MTA retain authority for an indefinite time period to construct new sites and modify existing sites within the boundaries of its current license?” MTA asked. Meanwhile, the New Jersey Deputy Fire Chiefs Association supported giving the FirstNet Authority control of the band. “We strongly believe that this spectrum should remain dedicated solely to public safety, and we are opposed to any plans to share it with commercial users or to disperse its management to individual states,” the group said: “The most logical and efficient path forward is to place the 4.9 GHz spectrum under the stewardship of the FirstNet Authority.”

The Leech Lake Band of Ojibwe urged the FCC to increase the budget in Phase I of the 5G Fund, with a tribal set-aside, in a filing posted Thursday in docket 20-32. Commissioners approved a $9 billion fund in August on a 4-1 vote, with Commissioner Brendan Carr dissenting (see 2408290022). The Minnesota tribe also stressed tribal engagement. “Early engagement and inclusion is critical to reach 100% of … citizens residing in the Tribal lands,” the filing said.

The Intelligent Transportation Society of America met with aides to all the FCC commissioners, except Chairwoman Jessica Rosenworcel, asking that the commission finalize rules for cellular vehicle-to-everything use of the 5.9 GHz band. Rosenworcel circulated an order in July. It is still before commissioners (see 2407170042). “ITS America noted that waivers cannot facilitate scaled deployment and reiterated its support for the timely adoption and release of the Second Report and Order in this proceeding,” said a filing posted Thursday in docket 19-138.

GCI Communications filed a redacted letter at the FCC on its pursuit of a plan to pay for 5G deployment in Alaska (see 2407230013). GCI and the Brattle Group are developing a model that estimates the incremental cost of providing mobile broadband service to Alaska residents. “The results of the updated model continue to confirm that deploying 5G to all Broadband Serviceable Locations in Alaska at 35/3 Mbps (average) and 7/1 Mbps (edge) by the end of the Alaska Connect Fund term would require substantially more universal service support,” said a filing posted Wednesday in docket 23-238.