Howard Buskirk

The 9th U.S. Circuit Court of Appeals on Monday rejected most claims against AT&T by cryptocurrency investor Michael Terpin but instructed a lower court to consider a claim that the carrier had failed to adequately protect Terpin’s customer proprietary network information (CPNI) under Section 222 of the Communications Act. The 9th Circuit considered a case Terpin brought after a teenage perpetrator, Ellis Pinsky, allegedly bribed an employee at an AT&T authorized retailer to bypass the carrier’s security measures and “swap” Terpin’s phone number for a SIM Pinsky controlled. Pinsky was then able to find a document that contained Terpin’s cryptocurrency access credentials and use them to steal $24 million in cryptocurrency in 2017, the court said (docket 23-55375). “AT&T maintains that Section 222 protects only CPNI, not a broader category of customers’ ‘proprietary information,’” said the opinion by Judge Roopali Desai. Terpin “created a triable issue over whether, through the fraudulent SIM swap, AT&T gave hackers access to information protected” under the Communications Act, she wrote. Adopting AT&T’s “constrained view of CPNI would lead to absurd results,” the court found. “If Pinsky had walked into the AT&T affiliate store, asked" Jahmil Smith, an employee at an AT&T authorized retailer, "to print Terpin’s recent call log, and looked at the call log, AT&T would not dispute that Pinsky had access to CPNI,” Desai wrote: “Yet under AT&T’s view, Pinsky had no access to CPNI when he walked into the store, updated Terpin’s account to change the SIM associated with Terpin’s phone number, gained control over all incoming communications with Terpin’s phone number, and received confidential password reset messages sent to Terpin’s phone number.” Judges Richard Clifton and Holly Thomas also heard the case.

The FCC’s Communications Security, Reliability and Interoperability Council on Friday heard initial reports from its three working groups, which are just starting. Speakers warned that the assigned topics are challenging. Focusing on AI and 6G, CSRIC held its initial meeting in June (see 2406280050). Friday's was the first meeting of substance under the new cycle.

FCC Commissioner Brendan Carr again took aim at how the Biden administration and NTIA have implemented the $42.5 billion broadband equity, access and deployment (BEAD) program, a concern Republicans on Capitol Hill have amplified (see 2409190063). BEAD is “a program worth fighting for,” but it must change, Carr said Friday during an American Enterprise Institute webinar.

Carriers are moving to AI-native networks but are still determining what the new technology's capabilities could mean for them, speakers said Thursday during an RCR Wireless webinar. A consensus emerged that AI success requires that different parts of a company collaborate more closely than in the past.

Carriers are starting to go beyond the early stages of 5G, with at least 60 operators across 34 countries moving to 5G stand-alone networks, Ruth Brown, Heavy Reading principal analyst-mobile networks and 5G, said during a LightReading webinar Thursday. Another 143 stand-alone networks are in progress, she added. The 3rd Generation Partnership Project has frozen Release 17, the first for 5G-advanced, Brown noted. Huawei, working with provider du, recently deployed the first indoor 5G-advanced network in the United Arab Emirates and T-Mobile made clear it plans to be the first U.S. carrier to adopt the new generation of wireless, she said. But not everyone is on board. Some question whether 5G has been “a little bit too ambitious” and whether 3GPP was moving too quickly to issue updated releases, Brown said. “There’s still quite a bit of concern" whether "6G is required.” Telefonica Germany expects it will spend the next few years working on 5G-advanced, while also getting ready for 6G, said Tilo Heckmann, senior technology strategy manager. The carrier expects the first commercial 6G deployments in 2030, in line with industry projections, he said. 6G promises "ubiquitous connectivity to everything and everyone” and will facilitate the integration of different networks and sensing. As a carrier, “we have to handle multiple access technologies” and “become a network of networks,” Heckmann said. Carriers also must manage expectations, he said: “Our resources are limited” as is the spectrum that will be available for 6G. The big question for carriers worldwide, said Tingfang Ji, Qualcomm vice president-engineering, is how to handle the massive increase in data expected in coming years. It’s not the “big, bad cellular industry” that needs spectrum for 6G, it’s the entire country. The power levels that are allowed are as important as the amounts, he said. “Do I need to deploy 10 million base stations to actually deliver the coverage the economy actually needs, the ubiquitous coverage?” If the power levels are similar to what’s allowed in 5G, engineers “will have a solution and give you the capacity that you need,” he said. “We need to be really careful when people talk about coexistence and pretend” a band is dedicated to 6G, “but it’s not useful.”

NCTA reiterated in reply comments this week the group’s advocacy of giving wireless providers six months to unlock handsets after they’re activated, not the FCC’s proposed 60 days (see 2409110019). While a handset unlocking mandate will be good for competition, the FCC should keep in mind the risk of fraud, NCTA said. “It typically takes a mobile wireless provider longer than 60 days to determine accurately whether a handset is subject to fraud or trafficking,” the group said: Comcast has described “why it can take five months or longer to confirm that patterns of missed bill payments and extensive periods of non-usage, the primary indicia of handset fraud, are attributable to trafficking.” Comments were posted in docket 24-186. In another filing of note, the American Financial Services Association (AFSA) agreed with comments that the FCC lacks legal authority to impose a mandate (see 2409240038). “An FCC mandate to unlock handsets before the installment plans are fully paid off would impinge on state law terms of service and financing agreements providers have with customers,” AFSA said. A mandate would also interfere with agreements between carriers and financial institutions “that offset some of the … financial risks associated with financing handsets for customers,” the group said: “Those agreements necessarily require wireless providers to lock handsets to the wireless provider’s service until the installment plan is paid off.” The Cloud Communications Alliance supported a 60-day requirement but said immediate unlocking would be even better. “As the record reflects, requiring unlocking has not impeded the offering of discount pricing plans for mobile devices either in the United States or in other countries,” the alliance said. “The unlocking requirements applied to Verizon have not prevented the company from offering discounts and, as it states in its comments, an industry-wide unlocking standard will not eliminate discount pricing.”

“Shoveling more spectrum” into the pool of available frequencies for unlicensed use won’t necessarily mean faster Wi-Fi speeds, Richard Bennett, High Tech Forum founder, said during a Georgetown University Center for Business and Public Policy webcast Wednesday. Bennett, who worked on the initial Wi-Fi standard, also questioned whether 6 GHz is taking off as a Wi-Fi band. It's expected he will lay out his arguments in a paper next week.

The FCC will take on two consumer issues at the commissioners' Oct. 17 open meeting: the georouting of calls to the 988 Suicide & Crisis Lifeline and rules requiring all wireless handsets to be hearing-aid compatible, FCC Chairwoman Jessica Rosenworcel said Wednesday. The meeting is the last before the Nov. 5 elections. Drafts will be posted on Thursday. A draft order would require all U.S. wireless carriers to implement georouting within 30 days of the effective date of the rule for nationwide providers and 24 months after the effective date for smaller ones, said a news release. Telecom trade groups have asserted carriers are voluntarily implementing 988 georouting and the agency doesn't need to mandate it (see 2407300050). The release refers to two carriers, which the FCC confirms are Verizon and T-Mobile. “Last week, our country’s largest wireless carriers began phasing out the old system of routing 988 calls, which was based on the area code and prefix of your phone number, regardless of your actual location,” Rosenworcel said: “They are replacing it with a system that uses so-called ‘georouting’ technology to make sure wireless 988 callers are connected with counselors in their local community.” Some 80% of calls to the 988 Lifeline "are done through wireless phones, and many people have phone numbers with different area codes from where they live, work or visit,” said Ulf Ewaldsson, T-Mobile president-technology. “Georouting ensures that those seeking help will reach the available crisis center nearest their location for support. It’s about making sure help is there when and where it’s needed most.” The FCC sought comment in a December NPRM (see 2312130019) on how to implement a 100% HAC standard. While the wireless industry largely supported recommendations in the NPRM, groups representing the deaf and hard of hearing urged tweaks (see 2402270066). “We’re making smartphones more accessible to consumers with hearing loss,” Rosenworcel said. “After a reasonable phase-in period, the 48 million Americans with hearing loss will be able to choose among that same mobile phone models that are available to all consumers,” she said. Commissioners will also consider an adjudicatory matter from the Media Bureau. Such items are released at the meeting after they are approved.

The FCC lacks legal authority to impose handset unlocking rules on carriers and hasn’t done the economic work needed to justify a proposed 60-day unlocking mandate, the Phoenix Center said in reply comments about an NPRM commissioners approved 5-0 in July (see 2407180037). Republican attorneys general from five states said a mandate would be “a significant federal agency overreach.”

The 7/8 GHz band will be a key band for 6G in the U.S., Veena Rawat, senior spectrum adviser to GSMA, predicted at the 6G Symposium on Tuesday (see 2409240032). An examination of additional bands for international mobile telecommunications was approved as an agenda item for the World Radiocommunication Conference in 2027, and 7/8 GHz is on the list, noted Rawat, who chaired the WRC in 2003. The reason for that agenda item is "the need for additional spectrum for 6G has been established,” she said. The 7/8 GHz band is “complex,” with government users, fixed satellites, meteorological satellites and other users. “Fixed you can work with,” she said, adding U.S. government users include DOD, NOAA and the FAA. Studies of 7/8 GHz are underway ahead of the WRC, Rawat said. “You need to know what your newcomer is, what are the characteristics of [the user], what are the parameters.” She added, “That’s the discussion we are having right now.” The studies will focus on protection of incumbents, not 6G, and the conditions under which the band can be shared, she said. Another band ITU is considering, with less promise, is 14.8-15.35 GHz, she said. “It’s good to discuss 14 GHz … but it’s kind of upper mid-band.” Rawat noted that the 600 MHz is being used for 5G worldwide, though not in the Americas, except in Mexico and Brazil. 7/8 GHz is among the bands the national spectrum strategy is studying and has been a top focus of carriers (see 2403120056). However you look at it, 7-24 GHz is “busy” in the U.S., said Tommaso Melodia, professor of electrical and computer engineering at Northeastern University. There is fixed wireless and fixed satellite, radiolocation services, radio astronomy and earth-exploration satellites use “and some of these services have pretty strict interference requirements,” he said. Open radio access networks and the ability to “observe” the network and use algorithmic controls will "potentially be an enabler for spectrum sharing.” ORAN can also enable sharing of information “between different systems, between even different technologies” and use increased data “to make decisions.”