The U.S. Court of Appeals for the D.C. Circuit scheduled Dec. 14 oral argument at 9:30 a.m. EST in the consolidated petitions of Hikvision USA (docket 23-1032) and Dahua Technology USA (docket 23-1073) to review the FCC’s Nov. 25 order barring the authorization of network equipment considered a threat to U.S. national security (see 2303200023), said a clerk’s order Friday. Both petitions allege the order violates the Communications Act and the Administrative Procedure Act, that it was arbitrary and capricious, and that it wasn’t supported by substantial evidence.

An online survey of how respondents received the Oct. 4 nationwide emergency alert test shows AM radio isn’t the most effective way to disseminate alerts, said CTA in a post on X Thursday. The survey -- done online by CTA over two days among 800 adults -- shows 92% of U.S. adults received the Oct. 4 emergency alert test via their smart phones, 5% heard it on FM radio and 1% on AM radio, CTA said. “Thrilled to unveil new @CTATech research that debunks the myth that #AMradio is the most effective emergency alerting system,” said the post from CTA Policy Affairs Manager India Herdman. CTA said the test shows Congress shouldn’t mandate inclusion of AM radios in automobiles. "Rather than rely on a survey following an EAS test made under ideal circumstances, one should look at the countless real-world examples of broadcast radio providing lifesaving information when all other communications networks -- including and especially wireless networks -- go down," said an NAB spokesperson. NAB has championed legislation requiring AM on the basis of its effectiveness at emergency alerting (see 2305260034. Wireless alerts during disasters often direct recipients to their local news outlets, which are often broadcasters, for emergency information, NAB said.

Crowdsourced social media content supported by tech platforms “can never replace what journalists do,” said NAB CEO Curtis LeGeyt in a keynote at The Media Institute’s Free Speech America Gala Thursday. NCTA CEO Michael Powell and journalist Bob Woodward were honored at the event. Journalism outlets and the information they provide “are the antidote to misinformation,” LeGeyt said. Recent international conflicts “are constant reminders that the threat of disinformation is equally damaging beyond our borders, and in many cases a tool of war,” LeGeyt said. “We all need to up our game and be relentless to ensure that future generations can access and easily identify factual news and information, the very information that keeps us safe and helps us make informed decisions.”

The FCC released a public notice Thursday seeking partners to test alternative technologies for wireless emergency alerts when cell towers are disabled during disasters. “The Commission is seeking partners to examine the feasibility of using complementary technologies, such as satellite service, to address this public safety gap,” said Chairwoman Jessica Rosenworcel: “This initiative is the latest in our ongoing effort to strengthen the nation’s alerting systems, working closely with our government partners.” The Public Safety Bureau notice asks for responses by Dec. 18 in docket 22-160. “WEAs can provide immediate, life-saving information when a mobile device user is in harm’s way,” the notice said. “The utility of this critical tool, however, can be significantly reduced or eliminated when the infrastructure needed to deliver WEAs, such as cell towers, is damaged or disabled due to disaster circumstances.” The bureau said alternate possibilities include satellites, high-altitude platforms systems and drones. The bureau “seeks to partner with any entities that have a technology, method, or other solution for delivering a WEA to a mobile device when the device is not connected to a functioning cell tower.”

The latest RKF Engineering study about terrestrial/satellite sharing of the 12 GHz band (see 2309110061) is laden with "analytical flaws and factual errors," SpaceX said in a letter posted Wednesday in docket 20-443. SpaceX laid out half a dozen technical criticisms of the RKF report, submitted by Dish Network. Dish didn't comment.

FCC Chairwoman Jessica Rosenworcel and Commissioner Brendan Carr released new statements disagreeing on a draft NPRM on net neutrality Wednesday (see 2310170066). Broadband is "essential infrastructure for modern life," Rosenworcel said: "We need broadband to reach 100 percent of us -- and we need it fast, open and fair." Rosenworcel released a fact sheet highlighting 10 reasons for net neutrality, including the need to address network security and consumer data protection. Carr continued to express opposition to the proceeding, saying the "entire debate over whether Title II regulations are necessary or justified was settled years ago." Carr noted broadband speeds have increased while prices decreased since the commission's 2017 repeal of net neutrality rules, saying the internet "is not broken and the FCC does not need Title II to fix it."

FCC Commissioner Brendan Carr criticized the agency's draft NPRM renewing efforts to reestablish net neutrality rules, during a call Tuesday with reporters (see 2310130051). FCC commissioners are set to vote on the NPRM during their open meeting Thursday. Title II classification of broadband "is very different than net neutrality rules" because it "has a host of sweeping regulations that are really all about control," Carr said. The "absence of action by Congress on any issue is not itself vesting of authority for the agency to do something that it doesn't have the authority to do," he said. Consumer advocates disagreed, in a separate call with reporters Tuesday. "At the end of the day, what this proceeding is about is protecting American consumers and ensuring broadband providers don't rip us off, don't discriminate against us, and that they provide reliable connections," said Free Press co-CEO Jessica Gonzalez. "We deserve better than empty promises from ISPs" and "real accountability," Gonzalez said. The FCC could use Title II authority to more effectively study broadband competition, said Public Knowledge CEO Chris Lewis. Consumers "have a right to know" the marketplace has "been given the quality oversight that it needs and that they are not paying higher prices for substandard service," Lewis said. Title II also "gives the FCC the power to close any competitive loopholes," he said.

The Rural Wireless Association and AT&T apparently are coordinating "a desperate, 11th-hour campaign" to stop SpaceX from testing its mobile supplemental coverage from space payload with "baseless procedural claims while offering no substantive reason" for denying its pending special temporary authority application, SpaceX said Monday in docket 23-135. The companies' arguments (see 2310100055, 2310130038) that SpaceX's STA application should have to go through the FCC Office of Engineering and Technology ignore that the Space Bureau in consultation with the Wireless Bureau can clearly grant it under agency rules. SpaceX also rejected claims its STA application requires numerous waivers. RWA General Counsel Carri Bennet emailed that while the FCC's SCS rulemaking is pending, there are legitimate concerns about adjacent channel interference and experimental authorizations allow for testing in a real-world environment. "SpaceX’s desire to plow through and obtain Special Temporary Authority so that it can begin commercial operations to customers prior to the completion of the FCC’s rulemaking and analysis raises a huge red flag," she said. "SpaceX needs to cool its rockets and let the rulemaking run its course and, in the interim, utilize the experimental authorization process for testing the validity of its claims."

The FCC Public Safety Bureau and the Cybersecurity and Infrastructure Security Agency scheduled a public roundtable on emergency alert cybersecurity Oct. 30, said a release and public notice Monday. “It is critical that these essential systems function in emergencies and that the public can trust the warnings they receive,” said FCC Chairwoman Jessica Rosenworcel in the release, which connected the event to the agency’s recent proceedings on improving emergency alerts. The roundtable will “build upon the record” of information gathered under the agency’s recent proceeding on emergency alert cyberattacks. The roundtable will include public and private sector representatives and include discussion of cybersecurity improvements in the alerting sphere, risk management frameworks, and incident reporting, the public notice said. “A more detailed agenda will be announced by subsequent Public Notice,” said the PN.

DOD's fretting about GPS interference from Ligado was a ruse to hide that the agency had undisclosed systems using or depending on Ligado spectrum, while not compensating the company for that use, Ligado said Thursday in a complaint filed with U.S. Court of Federal Claims. Named as defendants were the U.S., DOD, Commerce Department and NTIA. Commerce and Defense didn't comment Friday. Calling it "the largest uncompensated taking of private property by our nation’s government in modern times," Ligado said in the 69-page complaint its spectrum rights had an assessed value of $39 billion -- "all of which value has been destroyed by the United States’ unconstitutional taking of Ligado’s property." The litigation doesn't specify what the supposed systems are and indicates they could involve transmitters, receivers or both. Ligado said DOD has indicated it needs exclusive, permanent use of the company's spectrum authorized for wireless terrestrial 5G services. That Defense use "has prevented, and will continue to prevent, Ligado from using its duly and exclusively licensed spectrum for terrestrial services," Ligado said. It alleged uncompensated physical, categorical, regulatory and legislative takings. "If left unchecked, such uncompensated and unfettered appropriation of a company’s FCC license by other government agencies will detrimentally undermine the authority of the FCC to exclusively regulate commercial spectrum, cast doubt on the finality of FCC decision-making and regulatory processes, and create a dangerous precedent of governmental seizure of private property," it said. In its suit, Ligado cites an unnamed DOD whistleblower who allegedly shared internal emails and conversations, plus the company's own talks with current and former government officials. The whistleblower and those talks "lay bare how [Defense and Commerce] fabricated arguments, misled Congress in testimony supporting anti-Ligado legislation, and orchestrated a public smear campaign, which included repeating those false claims to the public and threatening Ligado’s business partners with canceling their own government contracts if they worked with Ligado," the company said.