Howard Buskirk

T-Mobile and the Competitive Carriers Association last week said the FCC should make FirstNet subject to the agency’s network outage and disaster information reporting systems. The comments were filed in docket 21-341 as the FCC took reply comments on a January Further NPRM, which raised the matter (see 2406130023). "Every other commenter -- except FirstNet -- addressing this issue also supported the extension of outage reporting requirements to FirstNet,” T-Mobile said. The carrier cited AT&T’s February outage, which also affected FirstNet (see 2402220058). “The record demonstrates support for the FCC’s proposal to extend resiliency reporting to FirstNet and similarly notes the benefits FirstNet reporting would provide,” said CCA. In addition, the group raised competition issues: “Some wireless providers compete with FirstNet, and parity in terms of FCC reporting requirements along with increased transparency in terms of network outages and resiliency will put wireless providers on a more competitively neutral footing.” In initial comments, the FirstNet Authority argued against the proposed requirement. “Information about FirstNet’s network status, infrastructure, and assets is already included as part of AT&T’s DIRS and NORS reporting and therefore available to the FCC,” the authority said. Expanding the rules to “explicitly apply to FirstNet would be duplicative.”

FCC Chairwoman Jessica Rosenworcel said Thursday that she circulated for a commissioner vote an NPRM seeking comment on further changes to rules for the citizens broadband radio service band. An FCC and NTIA agreement unveiled Wednesday on broader use of CBRS (see 2406120027) shows what's possible when you push the boundaries of how spectrum is shared, experts said Thursday during a discussion at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver.

Industry commenters urged the FCC to avoid imposing additional outage reporting requirements. Reply comments to a January Further NPRM (see 2401250064) were filed this week in docket 21-346.

The FCC and NTIA are working together as well as Ira Keltz has seen in his 30 years of government service, but the deputy chief of the FCC’s Office of Engineering and Technology said finding consensus on spectrum issues remains difficult. Keltz spoke Wednesday at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver. Echoing Keltz was Derek Khlopin, NTIA deputy associate administrator in the Office of Spectrum Management.

The FCC Wednesday notified certified spectrum access system administrators in the citizens broadband service band that they are now permitted to implement changes to the existing aggregate interference model used to protect federal operations in the band. Among the changes, SAS administrators may now assume an 80% time division duplex activity factor and 20% network loading factor for each CBRS device in the aggregate interference calculation, said a notice from the Wireless Bureau and Office of Engineering and Technology. Administrators may use median irregular terrain model terrain dependent propagation loss “using reliability and confidence factors of 0.5 -- to calculate the aggregate received power levels” within a protection area. The FCC urged administrators to submit a demonstration of their ability to implement the new testing parameters in docket 15-319. NTIA approved the changes in a letter to the FCC posted Wednesday. “The changes outlined … will expand Internet access to more people across the country,” said NTIA Administrator Alan Davidson: “They could not have been implemented without the collaboration of the Navy and our ongoing coordination with the FCC.” The change will expand use of the band to tens of millions of Americans, said FCC Chairwoman Jessica Rosenworcel. “The CBRS dynamic spectrum sharing framework is already fertile ground for wireless innovation, and through collaboration with [DOD], NTIA, and stakeholders, we are expanding opportunities for reliable spectrum access while also ensuring that federal incumbents remain protected,” she said. The changes authorize service to approximately 72 million more POPs and expand the total unencumbered CBRS area to roughly 240 million POPs nationwide, the agencies said. CBRS is a prime example of how industry and government can coordinate on spectrum, Ira Keltz, deputy chief of the FCC’s Office of Engineering and Technology said Wednesday at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver. When CBRS started, the initial exclusion zones were “huge” and would have excluded 75% of POPs, he said. NTIA, working with engineers, was able to reduce the size of the zones so that CBRS made more sense, industry was willing to invest, and the Navy felt comfortable that its radars would be protected, Keltz said. “It just really comes down to people being open-minded,” he said. Derek Khlopin, NTIA deputy associate administrator, noted the work to make CBRS work better. “These improvements we’ve made have been phenomenal,” he said, also at the ISART conference. He credited the Navy for its willingness to work with the NTIA and the FCC. “With little ‘greenfield’ spectrum available yet ever-increasing demand for spectrum-driven utilizations, sharing allows more efficient use of limited spectrum resources,” emailed Richard Bernhardt, vice president-spectrum and industry at the Wireless ISP Association: The development “will provide more predictability and allow for approximately 72 million additional people to be covered by CBRS without having to move or change power due to Federal operations.”

CTIA, the Ohio Telecom Association, USTelecom, NCTA, the Wireless ISP Association and other ISP groups asked the 6th U.S. Circuit Appeals Court to stay the FCC’s net neutrality order (see 2406100044). The FCC wants to move the case to the D.C. Circuit and has declined to stay the order, which takes effect July 22. The agency “has asserted total authority over how Americans access the Internet,” according to a joint motion filed Monday (docket 24-3450). “That is not hyperbole,” the groups said. The order “is only the latest jolt in a decade of regulatory whiplash for ISPs,” the associations said. After nearly 20 years of a light-touch approach to regulating the internet, in 2015 the FCC asserted for the first time authority over high-speed internet access service under Title II of the Communications Act, the filing said: Before the U.S. Supreme Court “could weigh in, a new Administration reverted to the traditional light-touch approach. Now, after another change in Administration, the Commission is back to a heavy hand, promising to make even more aggressive use of its claimed powers.” The court should stay “the latest flip-flop pending judicial review” since “petitioners are overwhelmingly likely to succeed on the merits,” the ISPs said. They argue that the order should be rejected under the Supreme Court’s evolving major questions doctrine. “Because the Commission cannot point to clear congressional authorization for applying common-carrier regulation to the Internet, the Order is unlawful,” they said.

The work that industry and government are doing addressing “clutter analysis” and dynamic sharing is critical to the future of wireless, Shiva Goel, NTIA senior spectrum adviser, said at an International Symposium on Advanced Radio Technologies (ISART) conference on Tuesday. Goel said the government, working with industry, is making progress. The Denver conference's main focus this week is on propagation models that account for the impact of clutter, including foliage and buildings, on wireless signals.

The FCC urged the 6th U.S. Circuit Appeals Court Friday to move the challenge to the FCC’s net neutrality order to the D.C. Circuit (docket 24-3450). The FCC also issued an order declining to stay the rules, which take effect July 22, pending judicial review.

DOD Chief Information Officer John Sherman, who has led the department’s work on opening the lower 3 GHz band for 5G, is leaving government for academia. He will become dean of the Bush School of Government and Public Service at Texas A&M University. But industry experts agree that the personnel change likely won’t prove disruptive because Leslie Beavers, principal deputy CIO, will replace Sherman on an acting basis.

Selection of the 6th U.S. Circuit Appeals Court to hear industry challenges to the net neutrality order may bode well for industry. Still, many questions remain, including which judges will hear the case and whether arguments are ultimately held in the Ohio-based court, industry experts said Friday.