The FCC got some industry support for new supply chain rules designed to protect U.S. networks. But groups representing rural carriers raised concerns, and Huawei said the proposals aren't legal. Commissioners approved rules 5-0 in November barring equipment from Chinese vendors Huawei and ZTE in networks funded by the USF, and sought comment on whether to expand the prohibition (see 1911220033). Commenters urged coordination, especially with the Department of Homeland Security, and regulatory humility. Comments were posted Monday and Tuesday in docket 18-89.
With the FCC later this week expected to reveal details of moving satellite operators off some of their spectrum to free it up for 5G (see 2002030061), several filings were posted Tuesday. Incumbents in that swath of airwaves, plus carriers and NAB, filed in docket 18-122. So, too, did Cox Communications (see 2002040026).
Concerns continue over new Rural Digital Opportunity Fund language in the order that was approved along party lines at Thursday's FCC meeting and could restrict support in areas that get state USF-like funding (see 2001300001). Stakeholders Tuesday were awaiting the order's release. "We are working to get it out as soon as possible," an FCC spokesperson emailed.
Questions remain whether the FCC will agree with NTIA that DOD should receive compensation under the Commercial Spectrum Enhancement Act (CSEA) for its costs to make changes needed for sharing in the 3.5 GHz citizens broadband radio service band. The FCC is part of a technical panel, with NTIA and OMB, that last year endorsed the costs. It hasn't issued a public notice required under the CSEA.
U.S. importers of Chinese goods inundated the Office of the U.S. Trade Representative with more than 2,800 List 4A tariff-exclusion requests in the 24 hours before the web portal went dark as scheduled at 11:59 p.m. EST Friday, showed our docket review. A huge backlog of List 3 exclusion requests awaits USTR disposition.
DOJ's contention the U.S. Court of Appeals for the Federal Circuit lacks jurisdiction under the Little Tucker Act to hear a case on Pacer usage fee legality found some receptivity among part of a three-judge Federal Circuit panel hearing oral argument Monday. Judges challenged plaintiff/appellant arguments Pacer fees can't be used to cover the costs of electronic records keeping. Plaintiff/appellant lawyer Deepak Gupta of Gupta Wessler told us a decision likely is months away.
The tech industry’s content liability shield should be tightened because its protections have expanded well beyond the original intent, House Commerce Committee ranking member Greg Walden, R-Ore., told us Thursday. Congressional scrutiny of Section 230 of the Communications Decency Act is growing.
FCC Commissioner Mike O’Rielly’s concerns C-band rules give incumbents adequate incentives to voluntarily move is emerging as a key question as Chairman Ajit Pai prepares to unveil his proposal Thursday, for a vote at the Feb. 28 commissioners’ meeting. Industry and FCC officials told us O’Rielly’s support is critical and Democrats Jessica Rosenworcel and Geoffrey Starks may be unlikely to cut a deal with Pai to bypass O’Rielly support, though they're willing to talk. Pai will lay out his vision Thursday at a lunch event at the Information Technology and Innovation Foundation. Also see here.
The astronomy community is anticipating big impacts on ground-based observation capabilities from the expected non-geostationary orbit (NGSO) satellite boom. But it doesn't likely have a legal route to challenge FCC OK of SpaceX's StarLink or other mega constellations on environmental grounds, satellite lawyers told us. Litigation has been talked about in space circles since a Jan. 16 Scientific American story raised questions about the legality of the FCC's approvals.
The New Jersey Broadcasters Association has claimed for years that the state’s emergency alerting system is out of date and on the brink of failure. Now, things may come to a head, some warned. Microsoft ends support in January for the Windows 7 software that the state’s EMnet software runs on means the problem has worsened, said NJBA President Paul Rotella.