The FCC’s final supply chain order, posted Friday, largely adheres to the draft order, based on a side-by-side comparison, but it now makes a stronger case for open radio access networks. Commissioners approved the order 5-0 Thursday (see 2012100054). In one change, the final order now encourages providers participating in the reimbursement program to consider ORAN in procurement decisions, terming it “promising technology.” The draft simply allowed for ORAN. The final order also tweaks reimbursement eligibility rules. It adds that, among noneligible telecom carriers, “we will further prioritize funding to those that voluntarily provided the Commission with cost estimate data in response to the Supply Chain Security Information Collection over those that did not.”

The National Sheriffs’ Association, International Association of Fire Chiefs and other public safety groups asked President-elect Joe Biden to name Commissioner Jessica Rosenworcel as permanent FCC chair. The National Education Association and Sen. Richard Blumenthal, D-Conn., also back Rosenworcel (see 2012090063). There are several possible contenders to be Biden’s pick to lead the FCC (see 2011160048). Rosenworcel “has distinguished herself as someone who clearly understands the needs of public safety and has worked effectively with us for many years, while at the same time has balanced the needs of other stakeholders,” said the IAFC, NSA and other groups in a letter to Biden that we obtained. “First responder communications are critical for all successful emergency operations,” which means “the person chosen to become the FCC Chairperson is very consequential to the public safety community.” The Major County Sheriffs of America, the Metropolitan Fire Chiefs Association and the National Association of State EMS Officials also signed the letter.

Commissioner Brendan Carr supported quick FCC action providing clarity on Communications Decency Act Section 230, in a news conference after the commissioners' meeting Thursday. While a rulemaking proceeding couldn’t be completed while Republicans still control the FCC, the agency will be under Republican control through Jan. 20. The Senate approved Republican Nathan Simington Tuesday, largely based on his stance on the issue (see 2012080067). A deadlocked 2-2 FCC would be unlikely to overturn a late declaratory ruling, industry experts said. “I would certainly welcome the commission moving forward on Section 230 reform,” Carr said. “The debate about whether there should be reforms of Section 230, whether the status quo has it exactly right, that debate is effectively over,” he said: “There is now bipartisan agreement, broad and deep, that the status quo isn’t working.” The big question is when speech is taken down by a platform pursuant to First Amendment rights, “does that takedown fall within the extra protections you get with 230 or not?” he said. “That’s a question that’s a narrow one” and one “the FCC can and should address.” The focus should be on 230(c)(2), which covers civil liability, rather than (c)(1), which covers the treatment of a publisher or speaker, he said. The FCC shouldn’t be “the speech police,” he said. “I don’t see a path to the FCC forcing people to carry speech.” Carr cited a series of tweets from TechFreedom Senior Fellow Berin Szoka on an interpretive order as a likely path to FCC action before Chairman Ajit Pai leaves. The FCC and Democratic commissioners didn't comment. Commissioners Jessica Rosenworcel and Geoffrey Starks have opposed FCC action. "The FCC should reject NTIA’s proposals and focus on bridging the digital divide,” Starks said in September testimony before the House Commerce Committee. Congress is exploring legislation on the liability shield (see 2012100072).

Several items on commissioners' meeting agenda for Thursday were adopted and deleted, a news release said Wednesday. One item voted on Tuesday was on a petition for reconsideration by Florida Community Radio for a construction permit (see 2012080058). Another media item on electronic payments of Media Bureau fees, which was added late to the agenda, was just removed. Other items removed include a petition for reconsideration of the rules on the Telephone Consumer Protection Act, an NPRM to establish an online portal for sharing tips on potential robocall violations (see 2012080065), and an order to amend the E-rate invoice filing deadline.

Members of the C-band payment clearinghouse search committee opposed Vertix's application for review (AFR) of hiring CohnReznick. The request for proposals didn't specify a requirement that a banking institution be a principal, and CohnReznick says it would use Truist, so the contract with it isn't unexpected, said clearinghouse search committee members in docket 18-122 comments Wednesday. They said Vertix alleges CohnReznick isn't using best practices, but the committee reviewed CohnReznick disclosures and determined it fulfilled the requirements and rules. Vertix didn't cite ways CohnReznick isn't meeting those, they said. Search committee member CTIA said Vertix is making "vague assertions [that] amount to no more than Vertix’s general dissatisfaction" with the CohnReznick decision. The supposed deficiencies are disagreements with subjective determinations made by the search committee, it said. Verizon, also opposing the Vertix AFR, said the RFP didn't require the clearinghouse to include a financial institution, and that CohnReznick later made voluntary commitments doesn't reflect on the sufficiency of its proposal. Vertix said the clearinghouse decision "deviates from the transparency and equality expected in government procurement," with CohnReznick's proposal many millions of dollars more expensive than others. Vertix, which opposed CohnReznick's nomination (see 2008190045), said clearinghouse performance issues could jeopardize the auction and transition.

The FCC terminated a 2015 proceeding on preserving a vacant channel for use by TV white space devices and wireless mics, said an order Tuesday in docket 15-146. “In light of other actions we have taken during the years since the rules were proposed, coupled with the increased burden that the 2015 proposal would place on the use by broadcasters of spectrum” post-600 MHz incentive auction, the proposal “would not serve the public interest,” said the unanimously voted order. Wireless mic companies sought to keep the docket open after the Consumer and Governmental Affairs Bureau announced its impending closure, while NAB pushed for its termination, the order said. “We continue to support unlicensed white space devices and wireless microphone user operations and continue to believe they serve important interests,” the order said.

The U.S. Court of Appeals for the D.C. Circuit denied petitions for review of the FCC C-band clearing order, said a one-page judgment (docket 20-1142, in Pacer) by Judges Robert Wilkins, Gregory Katsas and Justin Walker. The court said Tuesday an opinion will be filed later. Oral argument was in October (see 2010280040). The court dismissed an SES appeal and petition for review. FCC Chairman Ajit Pai tweeted praise for the denial, saying the court "flatly rejected claims that we had no authority. And had we waited for Congress, as short-sighted partisan critics demanded, we'd still be at square one."

NAB and Public Knowledge back removing a conclusion from the draft order on broadcast internet that the FCC lacks authority to require broadcaster ancillary fees subsidize consumers for buying ATSC 3.0 equipment. “NAB indicated that it does not object to PK’s request that the Commission remove any conclusion regarding PK’s fees proposal,” said NAB and PK in a call last week with an aide to Commissioner Jessica Rosenworcel, per a joint filing posted in docket 20-145 Monday. NAB and PK are usually opponents in FCC proceedings. “PK stressed that the Commission’s conclusion was at best premature and at this time it is unnecessary for the Commission to rule on its authority,” the filing said. PK said the same to an aide to Chairman Ajit Pai, said another filing. The draft order should be changed “to simply state that because the NPRM did not consider the issue of FCC authority to create a coupon fund to alleviate consumer costs during an ATSC 3.0 transition, it is premature for the Commission to consider it at this time,” said the group. “Excluding a discussion about the FCC’s authority to create such a fund would alleviate PK's primary objection.”

The FCC cleared the first device authorized to use the 6 GHz band, allocated in April for Wi-Fi and other unlicensed use (see 2004230059), approving Broadcom's BCM4389 chip. “The Commission cleared the way for such advances with its landmark action earlier this year, making up to 1,200 megahertz of spectrum available for higher powered unlicensed use,” said Chairman Ajit Pai: “Today, we are starting to see the fruits of this work, and consumers will now start to benefit in a big way.” Vijay Nagarajan, Broadcom vice president-Mobile Connectivity Division, said it's a “red-letter day” for Wi-Fi. “We've shipped 100s of millions [of] Wi-Fi 6 devices,” he said: “We look to capitalize on this install-base of devices while also heralding the Wi-Fi Space Age with 6 GHz support.” The chip uses 6025-6985 MHz. “This module may only be marketed and sold to an OEM system integrator that has an agreement with the grantee and has been provided detailed instructions on installation conditions to ensure that the correct firmware is installed,” the authorization states: “Host systems must be intended for indoor use only, outdoor applications are NOT allowed.” Consumers are likely to have 6 GHz devices “in the first half of 2021,” Nagarajan emailed.

The FCC added to its list of items circulated on the eighth floor actions on an upcoming communications marketplace report and on amending rules on delegated authority to act on applications for review, said the circulation webpage. The market report item involves docket 20-60 and is focused on competition, according to filings. The FCC didn’t comment Monday on the thrust of the delegated authority item, but the listing refers to the sections of rules on limits of authority delegated to bureaus.