The FCC added several questions to its final NPRM clarifying that all tribal libraries are eligible for the E-rate program, according to our comparison to the draft (see 2109300069). It sought comment on GAO 2016 recommendations regarding tribal outreach and whether "consultation with other relevant federal agencies such as [the Institute of Museum and Library Services] or the Department of Interior Bureau of Indian Affairs, when developing and promoting such training programs and outreach improve their effectiveness" (see 1604270065). It also asked whether the commission should "consider developing performance goals and measures to track progress" on increasing tribal school and library participation.

The 3.45 GHz transition is much smaller than the one for the C-band but presents its own complications, CTIA said in comments posted Friday on the 3.45 GHz clearinghouse, in FCC docket 19-348. “Both the number of claims and the dollar amount of estimated reimbursements for the 3.45 GHz band are more than a thousand times smaller” than for the C-band, and “there may be a dearth of qualified applicants, or the clearinghouse infrastructure may substantially raise the transition costs for the band,” the group warned: “Key safeguards need to be maintained.” Comcast's NBCUniversal said it and Nexstar, as the only radiolocation incumbents “should play a role in the important step of selecting a reimbursement clearinghouse.” While both “operate weather radars in the 3.45 GHz band, their transition processes will differ in certain respects, making representation by both parties crucial to a fair and equitable clearinghouse selection process,” NBCU said. It called on the FCC to keep things simple, consistent with the small size of the transition.

The deadline for applications to join a working group of the FCC Communications Security, Reliability and Interoperability Council is Nov. 1, said a Public Safety Bureau public notice Thursday. It said the six working groups and chairs are: WG 1: 5G Signaling Protocols Security, co-chaired by AT&T Assistant Vice President-Standards and Industry Alliances Brian Daly and Oracle Cybersecurity Director Travis Russell; WG 2: Promoting Security, Reliability and Interoperability of Open Radio Access Network Equipment, co-chaired by Mavenir Chief Product Security Officer Mike Barnes and Rural Wireless Association member George Woodward, CEO of Trilogy Networks; WG 3: Leveraging Virtualization Technology to Promote Secure, Reliable 5G Networks, co-chaired by Microsoft 5G Policy and External Engagements Director Micaela Giuhat and Dell EMC Global Chief Technology Officer John Roese; WG 4: 911 Service Over Wi-Fi, co-chaired by Intrado Vice President-Government and External Affairs Mary Boyd and APCO Government Relations Manager Mark Reddish; WG 5: Managing Software & Cloud Services Supply Chain Security for Communications Infrastructure, chaired by VMware Head-RAN Intelligence and Chief Architect Rittwik Jana; and WG 6: Leveraging Mobile Device Applications and Firmware to Enhance Wireless Emergency Alerts, co-chaired by Qualcomm Engineering Director Farrokh Khatibi and Harris County, Texas, Office of Homeland Security and Emergency Management Deputy Emergency Management Coordinator Francisco Sanchez.

Her agency's effort with NTIA last week on the latter's annual Spectrum Policy Symposium (see 2109210066) was an important step on collaboration, FCC acting Chairwoman Jessica Rosenworcel said Thursday at the virtual CTIA 5G Summit. “5G is an essential part of unlocking technologies we've been talking about and slowly developing for years,” including the IoT, “telemedicine, virtual and augmented reality, smart transportation networks, smart energy grids,” she said: “This in turn is going to drive the future of industry and expand the potential for machine learning and the possibilities of artificial intelligence.” The 3.45 GHz auction is important because of more than the mid-band spectrum it will make available for 5G, she said. It will “demonstrate the future viability of coordination zones that require private carriers to depend on other federal actors for information or access,” she said. The FCC is “continuing to work with our federal partners” on opening 3.1-3.45 GHz for a future auction, she said. Sen. Ed Markey, D-Mass., said Congress should pass legislation like the Secure Equipment Act (S-1790), which the Senate Commerce Committee cleared in August (see 2108040077). 5G “can be the best of technologies or the worst of technologies, if we don't address the safety and security threats that come alongside expanded connectivity,” he said: “We must take the proper steps to keep compromised equipment out of our networks, as well as safeguard all of the connected technology that is proliferating in consumers' homes and across our critical infrastructure.” Many trends from this pandemic, “including touchless retail, work from home and hybrid work and school arrangements,” will continue, predicted Verizon Consumer Group CEO Ronan Dunne. A survey Verizon commissioned found “more than half of employed adults said that they were working at least partially remotely, nearly twice the share before the pandemic began,” he said: And 60% of respondents “said that they expect kids to be able to attend remote school during inclement weather.”

Qualcomm scored a victory Wednesday against allegations it has a modem chip monopoly (see 2104020058 and docket 19-15159 in Pacer).The U.S. Court of Appeals for the 9th Circuit vacated a district court’s order “certifying a nationwide indirect purchaser class in an antitrust multidistrict litigation seeking injunctive and monetary relief under” the Sherman Act and California law. The three-judge panel cited “differences in relevant state laws,” which “swamped predominance.” Judges Eugene Siler, Jay Bybee and Ryan Nelson also cited the result in FTC v. Qualcomm , in which the 9th Circuit said the company’s modem chip licensing practices didn’t violate the Sherman Act, and “there was nothing to be enjoined because its exclusive dealing agreements with Apple did not substantially foreclose competition and were terminated years ago.” California’s “choice of law rules precluded the district court’s certification of the nationwide Rule 23(b)(3) class because other states’ laws, beyond California’s Cartwright Act, should apply,” the court said in Stromberg v. Qualcomm. The company and an attorney for Stromberg didn’t comment.

Stakeholders unveiled their wish lists for the EU-U.S. Trade and Technology Council, before the TTC's first meeting Wednesday in Pittsburgh. The council had planned to approve an agreement on the way forward at the meeting, the European Commission told us. The joint EU-U.S. TTC statement sets out five areas of joint work -- investment screening, export controls, AI, semiconductors and global trade challenges -- and establishes 10 working groups. The export control panel will hold a joint virtual event for stakeholders Oct. 27. The American Chamber of Commerce for the EU set out priorities Tuesday for working groups it expects to be established. It seeks a "transparent and open stakeholder engagement mechanism" to ensure outcomes are supported by business. The European Consumer Organisation said consumer groups "support the voluntary exchange of best practices and information between regulators" as long as it doesn't weaken EU ambitions to better safeguard consumers. It said the EU recently tried to improve the transparency of its cooperation with third countries: "This is a positive process that should continue." The Information Technology Industry Council made requests, saying the TTC's work "can be best supported by a successor agreement to the Privacy Shield." Chips "should top the EU-US partnership agenda," Intel blogged.

FCC commissioners OK’d a public notice on automated frequency control in 6 GHz 4-0 ahead of Thursday’s meeting, as expected (see 2109240048), it posted in Wednesday’s Daily Digest. The 6 GHz order in docket 21-352 “has already sparked a wave of low-power products utilizing the band indoors, offering increased Wi-Fi speeds that benefit consumers and businesses that rely on unlicensed spectrum for their homes and operations,” said Geoffrey Starks in the only commissioner statement: “This item is another step towards fully unleashing the potential of the 6 GHz band.” Initial proposals are due Nov. 30, comments on proposals by Dec. 21. The band “will be put to tremendous use, in particular helping WISPA members provide more capacity for their customers, as well as enabling them to connect more Americans in rural and exurban areas to broadband services,” the Wireless ISP Association said Wednesday. “Implementation of smart AFCs in the 6 GHz band will unlock an untold number of use cases for the next generation of Wi-Fi -- from faster stadium connectivity to lower latency Wi-Fi on school buses,” said WifiForward: “Spectrum is a limited resource, so quickly certifying and deploying innovative spectrum-sharing technology like AFC is essential to our wireless future.”

The FTC is changing how it investigates mergers and acquisitions, including making second requests accessible to all commissioners, the Competition Bureau announced Tuesday. Commissioner Rohit Chopra said his motion to “better secure ‘second requests’ and other information related to merger investigations” got 5-0 approval from the commission. “Commissioners have long been left in the dark on key documents,” Chopra tweeted. “For years, I was denied access to ‘second requests’ and other deliberative information, even as outside parties and FTC alumni got inside info.” Commissioner Christine Wilson recently tweeted about the lack of access. Before the change, access to second requests was granted only at the discretion of the chair. Staff will now provide the full commission with access through a secure system. The FTC is expanding the scope of market competition factors in second requests, potentially involving labor markets, cross-market effects and investment firm activity. Companies now must provide “certain foundational information,” including specifics on business operations and data maintenance, before submitting requests for modifications. The bureau said the changes are an attempt to make the best use of limited resources amid a recent surge in M&A filings.

Huawei Chief Financial Officer Meng Wanzhou flew home to China Friday, released from custody in Canada, said a Chinese Foreign Affairs Ministry spokesperson Saturday. The case was "an incident of political persecution against a Chinese citizen, an act designed to hobble Chinese high-tech companies," said the spokesperson. Charges against her were "purely fabricated," she said. The spokesperson said Monday, "The party and the Chinese government have the firm will and strong capability to firmly uphold the legitimate and legal rights and interests of Chinese citizens and companies." The U.S. agreed to dismiss its indictment against Meng at the four-year anniversary of her December 2018 arrest in Vancouver (see 1901280052) if she complies with a deferred prosecution agreement she reached Wednesday with the U.S. attorney’s office in Brooklyn, said DOJ Friday. Meng admits to defrauding "global financial institutions" by lying about Huawei’s ownership in its Iranian affiliate Skycom. “There is no link” between DOJ’s resolution of the Meng case and the Chinese government’s release of two Canadian citizens detained in the country, White House Press Secretary Jen Psaki said Monday. “We have an independent Justice Department, we can’t determine how the Chinese or others manage their business over there,” Psaki said. “We have made no secret" about the U.S. push to get Canadians detained in China released, she said. "That’s certainly positive news.” DOJ didn't respond to our follow-up questions Monday.

FCC acting Chairwoman Jessica Rosenworcel and Commissioner Brendan Carr will visit Baton Rouge, Louisiana, Tuesday to tour areas hit by Ida, before Thursday’s FCC meeting, which includes an NPRM on ways to bolster network resiliency. “They plan to meet with government and industry officials to assess the status of recovery efforts and consult on next steps that the FCC should take to assist in the restoration of communications networks,” said a Monday news release.