The California Public Utilities Commission received final arguments for and against the T-Mobile/Sprint deal, before a possible vote in early February. T-Mobile and Sprint said FCC and DOJ orders add to the deal’s public-interest benefits. That pact's plan to add Dish Network as a fourth national carrier didn’t persuade consumer advocates or the Communications Workers of America to support the deal, though they appeared open to strict CPUC conditions. The California commission is the last state agency OK the carriers need.
CTIA and carriers are pushing the FCC to move some 6 GHz incumbents to spectrum above 7.125 GHz, but it’s unclear that approach will work. NTIA has been scoping the 7125-8400 MHz band since the summer (see 1908010065). NTIA officials now say they think federal agencies, particularly DOD, are active in the band and their systems would be difficult to relocate, said industry officials active in the proceeding. Some uses of the band are classified.
As the witness parade concluded at the T-Mobile/Sprint trial in lower Manhattan, analysts who attended were divided on whether carrier defendants or state plaintiffs have the edge. Each side had strong moments, they said. Friday, the FCC and DOJ Antitrust Division urged deference to their conditional OKs, at U.S. District Court for the Southern District of New York.
The FCC is fishing for ideas to incentivize C-band satellite operators beyond costs of moving customers to just the upper portion. That's more complicated since all operators have equal access to the full band, we were told. Momentum is behind the idea of incentivizing incumbents, partly to try to avoid what otherwise is seen as a likely legal challenge to a government move to take back satellite spectrum authorizations.
FCC Chairman Ajit Pai said wireless carriers must transmit enhanced wireless emergency alerts to subscribers. After delays, major carriers are expected to immediately be able to transmit the new, improved alerts on their WEA platforms, industry officials said Thursday. Last week, the commission announced the Federal Emergency Management Agency told the FCC the Integrated Public Alert and Warning System wasn’t ready to support wireless emergency alerts by what was to be the Dec. 13 deadline (see 1912130059). The original deadline in a 2016 FCC order was May 1. The FCC also made the requirement official.
A European legal adviser called parts of the Privacy Shield data transfer pact between the EU and U.S. invalid. European Court of Justice Advocate General Henrik Saugmandsgaard Oe said Thursday standard contractual clauses (SCCs) for transferring personal data outside the EU are OK, but the PS may not be in light of Europe's newer data privacy regulations. While such advocate general opinions aren't binding, they are generally adopted by the EU's top court. Some U.S. interests said the 97-page opinion sparks fears about PS.
The Senate passed several telecom measures Thursday, including the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act (S-151). House Commerce Committee Democratic leaders called the bills part of a series of 2019 tech and telecom successes. They also noted some policy priorities for 2020.
Five states diverted nearly $198 million, or 7.6 percent of all 911 fee revenue, for unrelated purposes in 2018, the FCC reported. That dropped about $87 million from 2017. FCC members said Thursday that any reshuffling is inappropriate.
The FCC faces pushback from yet another federal agency on spectrum. The Federal Energy Regulatory Commission is concerned about an FCC proposal for sharing the 6 GHz band with Wi-Fi and other unlicensed. Industry officials said the commission is unlikely to change course. Wi-Fi advocates see the 6 GHz band as critical to meeting growing demand for unlicensed spectrum (see 1906250015), and the FCC is expected to take up a 6 GHz item early in the new year. The latest is that the Office of Engineering and Technology is reviewing the item and a vote is unlikely before the March meeting.
Controversy over the FCC Consumer Advisory Committee flared again. In April, questions arose about whether applicants were fairly picked. Many nonprofits that say they represent consumers were turned down for CAC membership, after previously belonging. Now, those who were rejected and transparency experts think the commission under Chairman Ajit Pai is wrongly withholding CAC documents, they said in interviews after reviewing the case.