ITS America and the American Association of State Highway and Transportation Officials asked the U.S. Court of Appeals for the D.C. Circuit to overturn last year’s 5-0 FCC order splitting the 5.9 GHz band between Wi-Fi and auto safety (see 2011180043). “The Commission’s actions … are in excess of the statutory authority,” they said. The decision to “reallocate 45 MHz of the 5.9 GHz band for use unrelated to automotive safety curtails the usefulness of the Safety Band, undercuts the goals of the Congressionally-established ITS program, and directly contravenes the recommendations of the agency responsible for designing and overseeing the [intelligent transportation system] program,” the groups said Wednesday, noting opposition by the Department of Transportation to the order. Vehicle-to-everything "technologies continue to be our best available tool to significantly reduce crashes,” said ITSA President Shailen Bhatt. The agency isn’t expected to rethink its approach (see 2105210047). The order “ensures much-needed Wi‑Fi capacity for consumers while also promoting the development of new connected car technologies,” WifiForward said in a statement: “The FCC acted well within its authority.” The commission didn't comment.

Revisions to the FCC rules on pro forma assignments and transfers of control should start with a declaratory ruling clarifying existing requirements, and an NPRM on proposals to streamline post-closing procedures to pro forma transactions, the Satellite Industry Association said Tuesday in docket 20-186. "As CTIA and USTelecom have correctly noted, the FCC has ample authority to proceed." SIA said the declaratory ruling would clear up uncertainty about such items as whether non-substantial changes in ownership constitute an assignment or transfer of control that necessitates filings and if pro forma filings are required only if a license is assigned or if a transfer of control affects the licensee's parent.

Industry commenters said the FCC should avoid rules for open radio access networks, in replies due Friday on a notice of inquiry in docket 21-63. “The FCC should not put itself in a position where it is picking winners and losers,” the Telecommunications Industry Association said. CTIA opposed rules: “The imperative of network security and reliability is another compelling reason that the Commission should allow providers to deploy Open RAN at the time and manner that they believe meets the requirements of their networks.” T-Mobile said the FCC doesn’t need to act to promote ORAN. While ORAN “may show promise, it is not yet ready for broad deployment,” the carrier said. Push for “common specifications,” “allowing service providers to choose from a growing global ecosystem,” and “facilitate demonstration beds and innovation zones,” Nokia asked. Don't favor U.S. ORAN suppliers, Ericsson said: “Foster a diverse, trusted market.” The Open RAN Policy Coalition said comments show strong interest in ORAN, and artificial intelligence and machine learning will play an important role. Mavenir said the FCC’s program for replacing Chinese gear in networks should accommodate ORAN deployments. “Choice, or the lack thereof, and the present semiconductor shortage warrant an extension of time under the Secure and Trusted Communications Act Reimbursement Program,” Mavenir said.

FCC staff said ISPs can get emergency broadband benefit reimbursement for connected broadband devices even when customers switch providers, granting two requests and applying them throughout the EBB program. The Wireline Bureau granted Cox Communications and the National Lifeline Association's requests, said an order Friday in docket 20-445. Cox and NaLa asked to waive the requirement that a provider can't request reimbursement for a connected device for subscribers who aren't receiving EBB-supported service from the provider at the time of the snapshot (see 2105240063). “This waiver permits all participating providers offering a connected device to submit a reimbursement claim for a connected device discount provided to a household that had been receiving an EBB-supported service from that provider at the time the device was supplied to the household, even if the household subsequently transferred its benefit to another provider prior to the snapshot date,” staff wrote: “We grant this waiver to remove a disincentive” to providers. Cox said its participation in the connected device program depended on the waiver (see 2105110047).

What the Senate voted Thursday to end debate on was Senate Majority Leader Chuck Schumer, D-N.Y.'s substitute amendment for the Endless Frontier Act (S-1260), which allowed 30 hours of post-cloture debate (see 2105270082).

FCC commissioners are considering whether to approve an order and second Further NPRM on contraband cellphones in correctional facilities, with no votes recorded so far, officials said. Acting Chairwoman Jessica Rosenworcel circulated an item in April that would establish new requirements for carriers to disable identified contraband cellphones when requested by a designated correctional facility official and would seek further comment on other technological solutions to curb use of contraband devices (see 2105030062). CTIA, which has been spearheading industry outreach on the issue, declined comment Friday. FCC officials said the item hasn't been controversial. CTIA and major carriers spoke with an aide to Commissioner Nathan Simington last week, wrapping up a series of virtual meetings with aides to the four commissioners. “As the Commission contemplates providing corrections officials with an FCC-based termination framework, it should ensure sufficient oversight of approved contraband interdiction systems and designated corrections officials to provide a level of accountability and protection for consumers and providers that is commensurate with existing court order processes,” CTIA said in a posting in docket 13-111. Commissioners approved Thursday a stay of last year’s 4.9 GHz order, circulated in the same time frame, with a dissent by Commissioner Brendan Carr (see 2105270071).

The correct name of a Loyola Marymount professor is David Offenberg (see 2105260074).

The FCC agreed 3-1 Thursday to stay the 4.9 GHz order, approved 3-2 last year and as some expected (see 2105140051). Commissioner Brendan Carr dissented, while Nathan Simington voted yes. “The Commission’s decision to stay our 4.9 GHz band order will return this spectrum to the broken framework of the past,” Carr said: “This is the spectrum equivalent of taking points off the board. While I am dissenting from today’s decision, I remain hopeful that we can find a way to quickly put a beneficial framework back in place.” Acting Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks dissented to the original order, which gave states control over how the band is used (see 2009300050). Simington wasn't a member then. No other commissioner had a statement now. The order noted petitions for reconsideration by APCO, the Public Safety Spectrum Alliance and National Public Safety Telecommunications Council. “In light of the serious questions posed …, the possibility of irreparable harm to current and future public safety users of the 4.9 GHz band and to our goal of facilitating greater use of this spectrum, the extent to which a stay will further the public interest, and the fact that no parties will be injured if a stay is granted, a stay is appropriate to permit the Commission to address the issues raised,” the order said. “Allowing use of the band to become fragmented on a state-by-state basis could create incentives for individual states to make use of the spectrum for revenue generation in ways that do not serve the interests of public safety, decreasing the likelihood of interoperable communications for public-safety users.” The commission’s action "comes as a relief,” said APCO Executive Director Derek Poarch, who thanked commissioners for “listening to public safety and taking this important step to chart a better course for the spectrum.”

CTIA and major carriers urged caution on contraband cellphones in prisons, in a call with an aide to FCC Commissioner Nathan Simington. As the commission considers a termination framework, “ensure sufficient oversight of approved contraband interdiction systems and designated corrections officials to provide a level of accountability and protection for consumers and providers that is commensurate with existing court order processes,” said a filing posted Wednesday in docket 13-111. Acting Chairwoman Jessica Rosenworcel circulated (see 2105030062) an order and second Further NPRM last month.

Verizon is “sitting on a fantastic position in spectrum” after investing big in the C band (see 2103040034), CEO Hans Vestberg told a JPMorgan conference Tuesday. It plans to use C band and its high-band spectrum in its fixed-wireless 5G offering, he said. Before buying C band, Verizon had “the best network and the least spectrum,” he said. The provider won’t need new towers to build out the band but will upgrade at facilities where it has 4G, he said. Vestberg said unlike AT&T (see 2105240044), which is cutting its dividend as part of the Discovery deal, Verizon plans to increase its payout. “We can continue to create better bottom line and top line,” he said. Verizon sees “great interest” from customers for private networks using high-band or a 5G slice, he said. Slicing wasn’t possible with 4G, he said. “Sometimes, people ask about when will you monetize 5G,” he said: “We're already doing it.” Vestberg expects buying Tracfone to close in Q3 (see 2105250065).