The 11th U.S. Circuit Appeals Court this week scheduled oral argument for Dec. 18 in Atlanta on a case that a group representing lead generators and their clients brought seeking to overturn the FCC’s robocall and robotext order (see 2407230036). That date is exactly one year after the FCC approved the order 4-1, with Commissioner Nathan Simington dissenting (see 231208004). The 11th Circuit said it will identify the three-judge panel that will hear the case in early December (docket 24-10277).

Critics of aspects of SpaceX's direct-to-device service continue pressing the FCC. In a docket 23-135 filing Tuesday, AT&T said it supports prompt approval of SpaceX secondary supplemental coverage from space (SCS) service that meets FCC power limits, but opposes the elective power boost that would increase its throughput at the expense of AT&T's primary incumbent terrestrial PCS C-block network. "Secondary service cannot degrade primary service, especially a primary service with the myriad established public interest benefits of terrestrial mobile," AT&T said. An AT&T analysis of how the elective power boost would affect its Tucson, Arizona, PCS C-block network predicts "a devastating" 18% degradation in average downlink throughput due to SpaceX's elective power increase, and in some areas on the network's edge coverage might be out altogether. Verizon challenged T-Mobile's throughput calculations that back granting a waiver of FCC out-of-bound emissions (OOBE) limits (see 2408230013), saying they weren't applicable to SCS service. Omnispace said the 1990-1995 MHz block is allocated for mobile satellite service uplink use both in the U.S. and internationally, and SpaceX has yet to meaningfully address concerns about it using that band for downlinks. It said SpaceX's rebuttal "is more ad hominem than rigorous." The FCC's aggregate OOBE limits in its Part 25 rules don't need relaxing for SCS service, AST SpaceMobile CEO Abel Avellan told Commissioners Geoffrey Starks, Anna Gomez and Nathan Simington, said a filing posted Tuesday in docket 20-32. Avellan said AST and numerous mobile network operators (MNO) believe that OOBE levels need to be maintained to protect incumbents' use of spectrum. He said AST will meet aggregate OOBE limits in low- and mid-band spectrum. AST said it has agreements and understandings with more than 45 MNOs with roughly 2.8 billion subscribers. It said its SCS service has a 120 Mbps peak data rate.

A three-judge panel of the 6th U.S. Circuit Court of Appeals will hear oral argument on an ISP challenge of the FCC’s updated data breach notification rule on Dec. 12, starting at 9 a.m., said a Friday order by the court (docket 24-7000). Argument will take place at the Potter Stewart U.S. Courthouse in Cincinnati. The court allocated 15 minutes for each side, the order said. Names of the judges hearing the case will be revealed two weeks prior to argument.

The FCC's national broadband maps "still do not possess the data level necessary to accurately guide where federal funds should be targeted," the National Rural Electric Cooperative Association (NRECA) told an aide to Commissioner Geoffrey Starks. NRECA suggested that the FCC amend its rules to "allow submission of individual speed tests by consumers" to challenge high-speed wireline broadband availability or "objective third party testing of technological capability," according to an ex parte filing Friday in docket 19-195. The group also urged that the commission adopt a 100/100 Mbps benchmark for broadband speeds and consider increasing the long-term benchmark to 1 Gbps symmetrical service.

SpaceX and European mobile network operators are at odds over the out-of-band emissions waiver SpaceX is seeking for its supplemental coverage from space service (see 2408130008). In a letter to the FCC Space Bureau this week, Vodafone, Orange, Liberty Global, Telefonica, PPF, Telenor and United Group said they were "gravely concerned" about proposed lower safeguards protecting terrestrial MNOs from interference. They said the current aggregate out-of-band emission limit "represents the bare minimum level of protection that mobile network operators require from spurious emissions" in low- and mid-band spectrum. That current limit, they added, "should be regarded as a 'best case,'" as terrestrial MNOs could experience amplified interference when multiple competing direct-to-device satellite systems operate, or an individual D2D operator expands the number of satellites in orbit, prompting more coincident interference. In docket 23-135, SpaceX said the MNOs, all investors in rival D2D operator AST SpaceMobile, are on a "scorched-Earth campaign to hamstring" competition. They "provide zero technical support for their opposition" and don't address SpaceX and T-Mobile technical assessments showing adjacent-band terrestrial networks would be protected, SpaceX said. Nor do they provide any technical support for their "specious" best-case claims, it added. If the best-case claims are correct, SpaceX said, AST operations would cause far more interference to users than the protection level being demanded of SpaceX.

Working with the Cybersecurity and Infrastructure Security Agency, the FCC and the Department of Education released a resource guide for helping schools and libraries “evaluate their cybersecurity risks and identify the most impactful cybersecurity solutions.” Issued Wednesday, the guide is intended to help potential applicants for the FCC’s new three-year, $200 million cybersecurity pilot program for schools and libraries, the FCC said. Commissioners approved the pilot program 3-2 in June. Commissioners Brendan Carr and Nathan Simington dissented (see 2406060043). “Given the budget and resource constraints facing schools and libraries, the resource guide highlights free and low-cost options and focuses on the most impactful initial steps,” the FCC said: “The guide also recognizes that specific cybersecurity needs may vary and provides a framework for schools and libraries to identify solutions that meet their unique needs.”

The sale of Dish Network and Sling to DirecTV, as well as the spectrum-backed debt deals that accompany that transaction (see 2409300009), will give EchoStar several years to scale its wireless business, but that scaling up won't be easy, Lightshed Management's Walter Piecyk noted Wednesday. Along with the $10 billion EchoStar is raising against its AWS-3 and AWS-4 spectrum, its 3.5 GHz holdings could unlock another $2.75 billion in borrowing, he said. The DirecTV and spectrum deals provide EchoStar money for existing leases while the FCC approval of longer milestones for its 5G network buildout (see 2409200049) focuses on areas where EchoStar would use co-locations instead of new tower builds, he said. It also provides funding for the AT&T and T-Mobile mobile virtual network operator agreements, he said. A stronger balance sheet puts EchoStar in a better position to invest in customer acquisition for its Boost wireless business, "though this remains an uphill battle due to the industry’s low churn rates."

The FCC Enforcement Bureau released on Monday data on traceback records requested from the Traceback Consortium on artificial or prerecorded voice calls where the consortium “identified an originating, gateway, or non-responsive provider.” The data covers April 1 to June 30 and lists hundreds of incidents. It doesn’t include records “where (1) the legality of the relevant call was disputed by the provider and resolved by the Traceback Consortium in favor of the provider; (2) the traceback was initiated in error; (3) the terminating provider could not identify the relevant call; or (4) the Traceback Consortium determined the call was untraceable,” the EB said.

Gogo expects a planned cash and stock purchase of Satcom Direct will close by year's end, it said Monday. Gogo said the addition of Satcom Direct would let it operate in business aviation and military/government mobility markets. In addition, Gogo said it was paying $375 million in cash and five million shares of Gogo stock at closing, with the deal also providing for another $225 million in payments tied to reaching certain performance thresholds over the next four years. Gogo Chairman/CEO Oakleigh Thorne said New Gogo would offer integrated geostationary orbit/low earth orbit services.

Former AT&T Illinois President Paul La Schiazza asked the U.S. District Court of Northern Illinois to toss bribery and racketeering charges against him after a trial ended in a hung jury (see 2409200025). La Schiazza was accused two years ago of authorizing monthly payments totaling $22,500 to a close ally of former Illinois House Speaker Michael Madigan (D). Madigan then pushed through legislation backed by La Schiazza making it easier for AT&T to terminate its costly carrier of last resort obligation to continue providing landline services to Illinois residents, according to an indictment. “The government called only two witnesses with personal knowledge of the events on which the charges are based,” said the latest court pleading: “One of those witnesses, Stephen Selcke, testified that there was no bribe. … Simply put, this was a case the government attempted to prove by speculation and argument rather than evidence.” The case is before Judge Robert Gettleman.