Howard Buskirk

The U.S. Court of Appeals for the D.C. Circuit gave Chinese companies Hikvision and Dahua a partial victory Tuesday, ruling that the FCC’s definition of critical infrastructure is “overly broad.” However, the three-judge panel rejected arguments that video cameras and video-surveillance equipment the companies manufacture shouldn’t have been placed on the agency’s “covered list” of unsecure gear.

The 5G Fund order that FCC Chairwoman Jessica Rosenworcel circulated March 20 raised long-standing concerns that the agency releases drafts for "meeting" items but not for those voted electronically, regardless of their relative importance. For those items, industry groups and companies must schedule meetings with commissioner staff and the bureaus and offices to ask about details.

The Computer & Communications Industry Association and Incompas told the FCC they support allowing broadband internet access to “monetize networks in new ways through the use of non-BIAS services,” including network slicing. But the rules shouldn’t create a loophole that benefits only some companies, they said. The treatment of slicing has emerged as a large issue as the agency moves closer to an expected vote on new rules (see 2403290057). “How the Commission addresses non-BIAS data services in the Order is one of the most critical issues in this proceeding,” said a joint filing posted Monday in docket 23-320: “As currently proposed -- without expanded guidance and clarity-- the rule could create a large loophole that undercuts the FCC’s otherwise strong open internet rules.” Free Press raised concerns in meetings with an aide to FCC Chairwoman Jessica Rosenworcel. “The forthcoming order would benefit by stating explicitly that supposed non-BIAS data services may not be used to evade the rules and the order’s conduct standards,” Free Press said. CTIA, meanwhile, explained to the FCC why network slicing is important and should be protected from regulation under proposed net neutrality rules. The filing adds detail to comments the group offered last week (see 403290042). “Network slicing is a technology that can provide innovative, virtualized wireless offerings targeted to users’ needs and is just emerging in the U.S.,” said a filing posted Monday in docket 23-320. “Network slicing will allow wireless providers to offer over a single physical network a series of virtual networks configured to satisfy different use cases -- including those that benefit from low latency, low jitter, high speeds, or heightened security, as well as those that can tolerate lower speeds, more jitter, or more delay than a typical [broadband internet access service] offering,” CTIA said. Use cases are still emerging and may include public-safety communications, robotic surgery, smart grids and other infrastructure, and communications at crowded events, the group said. Slicing also improves spectrum management, the group explained, allowing carriers to “manage finite spectrum resources more efficiently,” and can enhance network security and privacy “by isolating traffic in its own network slice, so that data and traffic cannot be intercepted or faked by entities of another network slice.”

FCC Chairwoman Jessica Rosenworcel appears likely to circulate proposed net neutrality rules for a vote at the commission’s April 25 meeting, which would mean releasing a draft Thursday under current commission policy. A prime motivation for moving now would be avoiding having the order overturned by a Congressional Review Act vote, should Republicans take the House and Senate in the November elections, said industry officials supporting and opposing new rules.

Wi-Fi advocates and 6 GHz incumbents clashed on an FCC proposal that would expand parts of the 6 GHz band where new very-low power (VLP) devices can operate without coordination, beyond the initial 850 MHz commissioners approved last year (see 2310190054). The VLP rules took effect March 9. 6 GHz incumbents have lined up in opposition to further changes (see 2403270055).

The U.S. table of frequency allocations can differ from the international table because of variations in U.S. rules, FCC Office of Engineering and Technology officials explained during an FCBA lunch Thursday. Attendees heard from Nicholas Oro, deputy chief of the Policy and Rules Division, and Jamie Coleman, chief of the Spectrum Policy Branch. The U.S. doesn’t adopt all the allocations in the international table and may adopt additional allocations, Oro said. Most parts of the table match, he said. Oro noted as one example the supplemental coverage from space (SCS) framework that commissioners approved two weeks ago (see [2403150045). In each of the bands affected, across the 600-700 MHz frequency range, the U.S. table now shows a secondary mobile service allocation, he said. That allocation isn’t included in the international table. “This is kind of the case of the U.S. getting out ahead of the international community,” Oro said. Another example is 6 GHz, where the international table has an allocation for mobile communications but the U.S. table doesn't, he said. Changes to the U.S. table often come through NTIA or as a result of actions during a World Radiocommunication Conference, Oro said. In addition, changes are made as a result of commission orders, he said. All changes require that the FCC seek public comment. NTIA has its own rulebook, the “Manual of Regulations for Federal RF Spectrum Management” or “Redbook,” which applies to federal agencies. Making changes doesn’t require a rulemaking process, Oro said. Coleman said her team at OET is largely responsible for managing the frequency table, ensuring updates are made, checking footnotes and issuing Federal Register updates when needed. “It’s a lot of work,” she said. Her office also works with other parts of the commission “to make sure that we’re properly analyzing … revisions and their impact on other areas of the spectrum.”

CTIA is hopeful a legislative vehicle will be found soon that will restore general FCC auction authority, more than a year after it lapsed, CTIA Senior Vice President-Spectrum Umair Javed said Wednesday during a Georgetown Center for Business and Public Policy webcast. “It sort of feels like there’s a lot of smoke, and maybe not fire yet,” Javed said. He hopes a bill floated by Sen. Ted Cruz, R-Texas, will provide the needed “spark.”

GSMA members and their “technology partners” are “fully engaged” on the group’s application programmable interface (API) initiative, Alex Sinclair, the association’s chief technology officer, said Wednesday during a TelecomTV webinar. Operators worldwide so far have made about 95 APIs commercially available in 21 markets, he said. “It’s exceeding our initial expectations, but there’s a very, very long way to go,” Sinclair said. GSMA launched the gateway a year ago (see 2302270069). “It’s still early days,” but the response from developers “so far has been pretty positive,” he said. Working with developers isn’t “necessarily” the wireless industry’s “strong suit,” he said: “We have to listen more to what they want and what they need. … At the end of the day, we want to reach as many developers as possible.” Sinclair said it’s too early to draw conclusions on what approach on APIs will work best. “We’ve tried this sort of thing before -- we’re not naive,” he said. “Ultimately, the market will decide what the best channel is.” A McKinsey & Co. study found a potential market of $300 billion by 2030, which is a “pretty bold and big number,” he said. On Tuesday, GSMA announced that China Mobile, China Telecom and China Unicom launched the first API in China.

The National Academy of Sciences’ Committee on Radio Frequencies (CORF) and the National Public Safety Telecommunications Council are concerned about an FCC proposal that expands parts of the 6 GHz band where new very-low power (VLP) devices can operate (see 2310190054). Comments were posted on Wednesday in docket 18-295. The FCC has “recognized the public interest need to protect important radio astronomy and remote sensing observations at 6 GHz” and shouldn’t “undercut the protections already enacted in this proceeding,” CORF said. The 6650-6675.2 MHz band is important “for observations of methanol that play a critical role in research into star formation, astrochemistry, and precision astrometry,” the committee said. Frequencies between 6425 and 7250 MHz are used for passive microwave measurements, with 6425-7075 for ocean remote sensing, CORF said: “Observations at these frequencies are an essential component for both weather prediction and observing climate change.” NPSTC counseled against further liberalizing the rules for the 6 GHz band. “Public safety, critical infrastructure, commercial wireless and broadcast entities rely on this spectrum to support licensed microwave links for their respective operations,” the group said. It's clear from decisions made so far that the commission “has no intention of reversing course in this proceeding,” NPSTC said. If that’s the case “it is imperative that 6 GHz licensees have a viable mechanism to report and expeditiously resolve any 6 GHz harmful interference to critical microwave links that occurs.” The Bluetooth Special Interest Group (SIG) said studies show that unlicensed wideband VLP devices can operate at 14 dBm with a power spectral density of 1 dBm/MHz “without causing harmful interference into incumbent services, and that narrowband VLP devices will provide even greater margin.” The SIG has made a push for Bluetooth devices to be allowed to use 6 GHz spectrum (see [Ref2310270027]). “Bluetooth is an essential unlicensed technology that requires additional spectrum to support the volume growth of existing product categories and to support the technological expansion of important Bluetooth products,” the SIG said. The Wireless Innovation Forum told the FCC it’s “eager” to “support the development of geofencing systems,” one of the FCC’s proposals for protecting 6 GHz incumbents. The group said it could develop “specifications for data systems including any needed enhancements” and work on “propagation models to accommodate possible VLP mobility” and addressing “mobility in spectrum availability determinations.”

The 5G Fund order that FCC Chairwoman Jessica Rosenworcel circulated last week (see 2403200071) is expected to have several gaps that will need addressing with a Further NPRM on a tribal reserve but also through auction public notices, industry officials said. One question that needs answering is how to define open radio access networks, slated to get up to 10% of the $9 billion to be awarded.