Howard Buskirk

Maurine and Matthew Molak filed a petition Thursday seeking review of a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024), in the 5th U.S. Circuit Court of Appeals. The Molaks previously sought reconsideration of the July order, which three public interest groups and T-Mobile opposed last week (see 2408280029).

FCC Technological Advisory Council member Dale Hatfield raised concerns Thursday about whether the U.S. is on track to deliver reliable 5G networks within a timeframe and at a cost that reflects “the urgency and criticality” the situation. “Put another way,” he asked, what’s the “economic impact” of creating networks that are available 99.999% of the time? Hatfield said he took a deep dive into peer-reviewed and other “trusted literature” seeking answers, but came away empty-handed.

FCC commissioners released an order Thursday approving initial rules allowing drone use of the 5030-5091 MHz band (see 2303100028). Chairwoman Jessica Rosenworcel circulated the order in April for a commissioner vote (see 2404080065). The order permits operators of uncrewed aircraft systems (UAS) to obtain direct frequency assignments in a portion of the band for non-networked operations. The band is one of five targeted for further study in the national spectrum strategy (see 2403120056). The rules “rely on dynamic frequency management systems to manage and coordinate access to the spectrum and enable its safe and efficient use,” an FCC news release said: These systems “provide requesting operators with temporary frequency assignments to support UAS control link communications with a level of reliability suitable for operations in controlled airspace and other safety-critical circumstances.” Currently, operators “largely rely on unlicensed airwaves to communicate with and control” drones, Rosenworcel said in statement. “But the use of unlicensed spectrum leaves these aircraft more vulnerable to interference that could disrupt operations,” she said: The order, for the first time, allows UAS operators “to access dedicated spectrum for control operations in circumstances where safety is essential.” The FCC’s job isn’t finished, said Commissioner Geoffrey Starks. “We still need to address a number of remaining issues, including spectrum for networked UAS operations in the 5030-5091 MHz band to fully realize the promise and public interest benefits of UAS,” he said. The order was approved 5-0. None of the other commissioners released statements. “A revolution in aviation” is starting “and sufficient spectrum availability for UAS will be crucial to unleashing the vast transformational power of Advanced Air Mobility,” emailed AURA Network Systems CEO Bill Tolpegin. “Equally critical is that the spectrum used to support uncrewed flights is not only licensed and fully dedicated for aviation but also managed to guarantee coverage along flight routes.”

The Rural Wireless Association expressed disappointment after the FCC released an order Thursday launching a multi-round reverse auction that will pay up to $9 billion to bring voice and 5G mobile broadband service to rural areas of the U.S. otherwise unlikely to see 5G deployments (see 2408290022). The Competitive Carriers Association also expressed concerns.

AT&T suffered a wireless outage Tuesday night that apparently started in the Southeast and spread throughout the U.S., based on social media and other reports. A software issue caused the outage, which was resolved, AT&T said Wednesday. The FCC is investigating, a spokesperson emailed.

New, AI-driven technologies could offer an alternative to how spectrum sharing is done, experts said Wednesday during an RCR Wireless webinar. Panelists said AI could provide options to the citizens broadband radio service and increase dynamic sharing of government spectrum.

The FCC approved an order establishing a multi-round reverse auction to pay out up to $9 billion to bring voice and 5G mobile broadband service to rural areas of the U.S. otherwise unlikely to see 5G. The vote was 4-1, with a dissent by Commissioner Brendan Carr. The commission plans a public notice to announce the start date of the auction. It also released a Further NPRM on related tribal issues.

The Schools, Health & Libraries Broadband Coalition, joined by public interest groups, and T-Mobile opposed a petition at the FCC seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). They were the only filers in docket 21-31 as of Wednesday. Tuesday was the deadline for oppositions. Maurine and Matthew Molak, who sued the agency over its decision that authorized funding Wi-Fi on school buses, are seeking reconsideration (see 2408020035). The FCC should dismiss the Molak petition “as it relies on arguments that have been fully considered and rejected by the Commission within the same proceeding,” said SHLB. The Open Technology Institute at New America and the Benton Institute for Broadband & Society joined SHLB. “Petitioners fail to identify any material error, omission, or reason warranting reconsideration of their arguments alleging the Commission’s lack of statutory authority,” the groups said. The petition “merely asserts its claims and does not raise any additional argument purporting that the Commission had either erred in its reasoning that the above-mentioned statutory provisions grant[ ] it legal authority, or that the Commission omitted or failed to consider certain facts or reasoning when making its determination.” Even before the COVID-19 pandemic, “a majority of students required the Internet to complete their homework every single day,” T-Mobile said. “Progress made in addressing the Homework Gap during the pandemic by local school districts that provided students with Wi-Fi hotspots is now in jeopardy, and so the Wi-Fi lending program contained in the Order is crucial to sustaining pandemic-era connectivity gains and connecting students.” The FCC order contains appropriate safeguards, T-Mobile said: “It requires applicants to maintain acceptable use policies that clearly state that off-premises use must be primarily for an educational purpose.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access.

ISPs challenging the FCC’s updated data breach notification rules made their case at the 6th U.S. Circuit Appeals Court about why the rule should be overturned. The filing elaborates on their argument that the agency exceeded its Communications Act authorities when it adopted the rule in December. The Ohio Telecom Association (docket 24-3133), the Texas Association of Business (docket 24-3206) and CTIA, NCTA and USTelecom (docket 24-3252) brought the challenge. The 6th Circuit is considered among the most conservative federal circuits.

Industry experts warned Tuesday that siloing of data remains a stumbling block as ISPs try to use it to increase efficiency. During day two of a Fierce Network virtual conference on automation, executives said companies are partitioning AI away from other units, but it won’t always be this way.