The FCC released a streamlined agenda for its next Commission Open Meeting, scheduled for December 14, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry regarding how to improve the clarity and accessibility of Emergency Alert System (“EAS”) visual messages to the public, including persons who are deaf or hard of hearing, and to seek comment on other EAS improvements, such as redesigns to enable matching visual and audio alert content (“EAS NPRM”). The FCC will next address an Order and Notice of Proposed Rulemaking that would grant a petition for rulemaking filed by Space Exploration Holdings, LLC (“SpaceX”) to amend the spectrum sharing rules applicable to non-geostationary satellite orbit, fixed-satellite service (“NGSO FSS”) systems (“Satellite Spectrum Sharing NPRM”). The commissioners will close the meeting by considering a NPRM that would propose to establish a central bidding portal through which service providers would submit their bids to the E-Rate program administrator, the Universal Service Administrative Company (“USAC”) (“E-Rate NPRM”).

You will find more information about the items on the December meeting agenda after the break:


Continue Reading FCC’s December Meeting Agenda Includes Emergency Alerts, Satellite Broadband and E-Rate Items

The FCC released a light agenda for its next Commission Open Meeting, scheduled for November 18, 2021. The agency will consider a Second Report and Order to require covered text providers to support text messaging to 988 by routing those texts messages to the National Suicide Prevention Lifeline (“Lifeline”). The FCC will next address a Further Notice of Proposed Rulemaking (“FNPRM”) to adopt an incentive program to encourage licensees to make spectrum available to small carriers and Tribal Nations, as well as to carriers seeking to expand wireless services in rural areas. The FCC will also review a Notice of Proposed Rulemaking (“NPRM”) to assess whether FM and Low Power FM (“LPFM”) broadcast radio license applicants can verify directional antenna patterns by computer modeling instead of by taking physical measurements. The FCC will close its meeting by considering a Declaratory Ruling and Order (“Order”) that would grant Knéis, a French private satellite operator, with access to the United States market so that it can support connectivity for Internet of Things (“IoT”) devices and improved data collection.

You will find more information about the items on the November meeting agenda after the break:


Continue Reading FCC’s November Meeting Agenda Focuses on Enabling Text-to-988 for Suicide Prevention and Spectrum Access to Close the Digital Divide

On November 2, 2021, the Federal Communications Commission’s (“FCC’s) Wireless Telecommunications Bureau (“Bureau”) published a public notice in the Federal Register focused on asking whether the 71-76 GHz, 81-86 GHz, 92-94 GHz, and the 94.1-95 GHz bands (“70/80/90 GHz Bands”) could be used “to provide broadband Internet access to consumers and communities that may otherwise lack robust, consistent connectivity.” The Commission is particularly interested whether stratospheric-based platforms, such as High Altitude Platform Stations (“HAPS”), which operate above twenty kilometers (approximately 65,000 feet), could be deployed for this purpose in the 70/80/90 GHz Bands.  Comments are due by December 2, 2021, and replies by January 3, 2022.

Continue Reading Looking to the Skies: The FCC Seeks Additional Information on Potential Stratospheric-Based Communications Platforms and Services

Headlining the FCC’s next open meeting, scheduled for November 18 is an item to adopt proposed rules to reallocate the 5.9 GHz band. The FCC would repurpose the lower 45 megahertz of the band for unlicensed use, while retaining the upper portion of the band for Intelligent Transportation Systems (“ITS”) operations and transitioning to Cellular Vehicle-to-Everything (“C-V2X”) technology. The Commission plans to seek additional comment on proposed technical rules for outdoor unlicensed use and on implementation timelines for transitioning to C-V2X. The November meeting will also consider two satellite items. The FCC plans to streamline its satellite licensing rules by creating an optional unified license system for satellite and earth station operations, and will propose a new allocation in the 17 GHz band for Fixed Satellite Service (“FSS”) space-to-Earth downlinks. Additionally, the Commission will propose expanding the contribution base for the Telecommunications Relay Services (“TRS”) Fund.

FCC regulatory will likely slow in the aftermath of the election and with an upcoming change in Administration. However, the Commission tees up two new rulemaking proceedings with the November agenda, signaling that the FCC may still be moving forward with policy initiatives  going into a transition period. You will find more details on the most significant November meeting items after the break:


Continue Reading FCC Highlights Reallocating the 5.9 GHz Band at November Open Meeting

As the flurry of coronavirus-related actions continues, the FCC plans to return to “bread and butter” policy areas of spectrum and rural 5G deployment at its next meeting scheduled for April 23, 2020. First, the FCC plans to move forward on its proposal to open up 6 GHz band spectrum (5.925-7.125 GHz) for unlicensed use by smartphones, IoT devices, and other technologies. The FCC would allow standard-power unlicensed operations in certain band segments, subject to controls designed to avoid interference with incumbent microwave, cable, and satellite operators. The FCC also would permit lower-power unlicensed operations across the entire band, but only for indoor uses. Second, the FCC would consider a Notice of Proposed Rulemaking to seek public input on a “5G Fund” offering up to $9 billion over ten years through an auction to support deployment of wireless broadband and voice services in rural and other hard-to-serve areas. The 5G Fund would represent the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund adopted earlier this year and replace Phase II of the Mobility Fund, which the FCC mothballed after questions arose about reported coverage data. Finally, the FCC would update its orbital debris mitigation requirements to mandate additional disclosures and incorporate new inter-agency standards.

Running the gamut from rural networks to outer space, the FCC’s April agenda will impact service providers across the industry. Consequently, stakeholders should closely examine the deployment and funding opportunities presented in the FCC’s proposals. You will find more information on the key April meeting items after the break:


Continue Reading FCC Plans to Open Up 6 GHz Band for Unlicensed Use, Propose $9 Billion Rural Mobility Fund, and Address Orbital Debris at April Meeting

On March 3, 2020, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order and Order of Proposed Modification (FCC 20-22) (respectively, the “C-Band Order” and the “Proposed License Modification”) realigning the 3.7-4.2 GHz Band in the contiguous United States and proposing to modify most of the satellite, earth station, and fixed service licenses in the Band. If one sorts out the significant deadlines established by the C-Band Order leading up to the target date for the auction of the 3700-3980 MHz range, namely December 8, 2020, and the transition of incumbent space station and earth station operations and fixed service stations which must be completed in the auction’s wake, the heavy lifting required before the auction proceeds is plain. In the attached advisory, these deadlines are discussed in some detail.  Here, they are presented in abridged fashion.

For more information, register here for our April 2 C-Band Update webinar.


Continue Reading Scheduling the Race to the “C-Band” Auction

Even with the dog days of summer upon us, the FCC shows no signs of slowing down on its policymaking priorities in a jam-packed agenda for its next open meeting on August 1, 2019. Headlining the agenda is a proposal to establish a Rural Digital Opportunity Fund (“RDOF”) offering $20.4 billion over a decade to support high-speed broadband deployment to unserved areas. The RDOF would eventually replace the FCC’s Connect America Fund (“CAF”) as the agency’s primary universal service program for high-cost areas. The areas receiving RDOF support would be determined by a new agency-led information collection, requiring more granular service data from broadband providers. As with the CAF, the RDOF proceeding is sure to engender debate in the broadband industry about the appropriate performance benchmarks, auction bidding rules, and data collection mechanisms. In addition to the RDOF, the FCC also plans to adopt items at the August meeting to reform how it allocates Rural Health Care Program funding; streamline licensing procedures for small satellite systems (otherwise known as “smallsats”); establish procedures for the auction of new toll free numbers; implement 911 direct dial and location information requirements on multi-line telephone systems (“MLTS”) often found in offices, hotels, and college campuses; expand the agency’s anti-spoofing rules; and limit the franchise fees placed on cable operators.

The August agenda items impact all corners of the telecommunications industry. You will find more details on some of the most significant August meeting items after the break:


Continue Reading FCC Previews Summer Blockbuster Meeting, With USF Reform, Smallsat Licensing, and Anti-Spoofing Measures on Tap for August

The FCC is requiring fixed-satellite service (“FSS”) operators to provide the Commission with information about their current use of the 3.7-4.2 GHz band (“C-Band”) by May 28, 2019, according to a Public Notice released jointly earlier this month by the FCC’s International Bureau, Wireless Bureau, and Office of Engineering and Technology. The FCC will use the information to consider potential rules that allow new commercial terrestrial services in the Band while protecting incumbent satellite and earth station operators. The Band is currently allocated to FSS and the fixed service, but the Commission has proposed adding a mobile, except aeronautical mobile, allocation, which would allow commercial wireless providers to operate 5G services in the Band. The amount of spectrum to be reallocated or shared, the extent of protection for incumbents, and the means of protection for incumbents are all, as yet, undetermined, and they are topics of substantial debate among stakeholders.

Continue Reading FCC Seeks Further Information About Satellite Use of C-Band from FSS Space and Earth Station Operators

At its December 12 Open Meeting, the FCC adopted its first Communications Marketplace Report, which combines several separate reports into one and is meant to provide a comprehensive overview of the mobile wireless, fixed broadband, audio, video, and satellite communications markets. Congress directed the Commission to complete such a report biennially with its passage of

Continuing its focus on broadband infrastructure deployment for 5G technologies, the FCC announced that it plans to eliminate regulatory impediments that delay and increase the cost of wireless deployments at its next meeting, scheduled for September 26, 2018. The item would alter the balance of power between wireless broadband providers and state/local governments concerning control over rights of way and deployment fees. The FCC also anticipates initiating a rulemaking aimed at improving 911 dialing and location accuracy for multi-line telephone systems (“MLTS”), potentially imposing new compliance obligations on office building, hotel, and other large facility managers. Rounding out the major actions, the FCC released draft items that would:  (1) permit toll free numbers to be auctioned and sold on the secondary market and (2) consolidate rules and expand the spectrum available for so-called Earth Stations in Motion (“ESIMs”) that provide high-speed broadband service to vehicles, aircraft, and vessels. The proposed items will generate input from all corners of the communications industry as well as real estate interests. You will find more details on the significant September FCC items after the jump:

Continue Reading FCC Plans Major Wireless Deployment and 911 Actions at September Meeting