The FCC continues preparing for Hurricane Florence in coordination with state and federal partners, Chairman Ajit Pai said Wednesday. It activated the disaster information reporting system, with reports requested from some counties in Georgia, Virginia and the Carolinas starting at 10 a.m. Thursday, said a public notice. “Staff have already been deployed to survey the radiofrequency spectrum across critical areas of South Carolina, North Carolina, and Virginia, and our Operations Center is open 24 hours a day,” Pai said. “Our staff has also reached out to broadcast associations, wireless carriers, and other telecom companies in the areas expected to be hit by Hurricane Florence. We will closely monitor communications outages data in the coming days and work to support restoration and recovery.” Pai urged people in affected areas to charge devices and sign up for emergency alerts. Carriers announced preparations this week (see 1809110046). Some state commissions also released alerts, with North Carolina and South Carolina agencies announcing closures. The FCC Public Safety Bureau should ensure emergency information in Spanish is available in four radio markets in the path of Florence that lack sufficient Spanish-language radio stations, said the Multicultural Media, Telecom and Internet Council and the League of United Latin American Citizens in a letter Wednesday. “Intervention is necessary because it does not appear that the region’s broadcasters have [emergency alert system] plans that address the urgent needs of speakers of Spanish." Fayetteville, North Carolina, and Hilton Head, South Carolina, have Hispanic populations of more than 10 percent, and Myrtle Beach, South Carolina, is 5.8 percent Hispanic, the groups said. The Greenville-New Bern-Jacksonville, North Carolina, radio market is 8.5 percent Hispanic, a population of more than 59,000 people, the letter said. “We ask that lifesaving information be broadcast in the referenced markets” at periodic intervals throughout the day “by at least one station in each market that survives the hurricane,” they said.

CTIA and others encouraged the FCC to make more spectrum bands available for 5G, in comments on reports to Congress required by the Spectrum Pipeline Act. Comments were due Tuesday on an August public notice, seeking feedback on results of 2015 rule changes to the 3.55-3.65 GHz band and on other bands that can be reallocated for broadband (see 1808100033). The U.S. wireless industry needs spectrum to keep up with the world, CTIA said in docket 14-177. “Other countries, from Asia to Europe, are moving aggressively to lead the world in 5G and are actively working to make spectrum available for 5G in both mid-band and high-band spectrum ranges,” CTIA said. “China, for example, reserved spectrum in the 3.3-3.6 GHz band for 5G use in 2017 and has committed two gigahertz of high-band spectrum for each major wireless operator.” Other commenters filed on a third Further NPRM on the spectrum frontiers. The Competitive Carriers Association applauded Chairman Ajit Pai’s proposal to simultaneously auction the 37 GHz, 39 GHz and 47 GHz bands. “In addition to these worthwhile efforts, opening up additional bands, such as the 26 GHz and 42 GHz bands, for wireless broadband will help continue the deployment of critical wireless services to all consumers. Competitive carriers need access to a variety of spectrum resources to deploy next-generation mobile broadband technologies, including to support the Internet of Things and 5G,” CCA said. The Wireless ISP Association said the FCC should confirm that the lower 37 GHz band will be available on a coordinated shared licensed basis. “Low-barrier shared spectrum is critical for small providers, new market entrants, and competitive fixed wireless providers alike to have access to the spectrum necessary to deploy broadband in areas that are underserved or lack competition,” WISPA said. The Open Technology Institute at New America also said the lower 37 GHz band should be shared. “Authorization of a third-party and ultimately automated coordination framework will facilitate the most intensive and cost-effective degree of shared access,” OTI commented. OTI supported site-based registration through a third-party coordinator. “Pressure on existing licensed mobile and unlicensed spectrum bands will continue to intensify due to the growing consumer demand for wireless connectivity, and the bands identified in the FNPRM will certainly serve an important role in providing 5G,” Qualcomm said, asking to “authorize mobile and fixed operations in these bands using licensed and shared unlicensed regulatory paradigms.”

The FCC is “moving forward with procurement steps” for planned revamp of its Electronic Comment Filing System, Chairman Ajit Pai responded to House Communications Subcommittee members’ questions following up on July's oversight hearing (see 1807250043). Pai announced the overhaul project in July in response to problems the ECFS application programming interface experienced during a proceeding on rescinding 2015 net neutrality rules (see 1807110044). The FCC “expects that the Discovery/Requirements phase of the ECFS Replacement project will start in the first quarter of FY 2019,” Pai said in response to a query from Rep. Jerry McNerney, D-Calif. Once that phase ends, “we will have a more accurate timeline for ECFS development. The estimated development time is six to nine months.” The FCC plans to give Congress “quarterly briefings” on progress, Pai said. He emphasized he was following an Office of Inspector General’s request not to divulge results of its investigation into the ECFS incident ahead of the final report’s August release. OIG found the glitch was caused by sheer volume of commenters on net neutrality rather than a distributed denial-of-service attack (see 1808060051). OIG didn’t want commissioners to discuss the investigation “in order not to jeopardize it,” including “the referral of facts involving [then-FCC Chief Information Officer David Bray’s] conduct to the Department of Justice for potential criminal prosecution,” Pai said. “In the days and weeks following the incident, my office had several conversations with [Bray] and other Commission IT personnel to better understand what had happened, help answer questions regarding what had happened, and take steps to keep ECFS running.” FCC IT staffers have since “improved caching both internally, within the ECFS system, and externally, leveraging our Content Delivery Network provider,” Pai said. Staff “enhanced ECFS both vertically (using ‘larger’ instances with more memory and CPU capacity) and horizontally (adding additional instances to the various clusters) to deal with the increased volume of requests.” The FCC “optimized the ECFS application both in terms of data access and application functions,” Pai said.

The FCC Tuesday paused the unofficial 180-day shot clock on its review of T-Mobile buying Sprint. The FCC cited a “substantially revised" and more complex network engineering model T-Mobile submitted Sept. 5 and a business model T-Mobile executives described on Aug. 29 but didn't disclose until Sept. 5. T-Mobile has also promised additional economic modeling it has yet to file, said a letter from Wireless Bureau Chief Donald Stockdale and David Lawrence, director of the task force reviewing the deal. "The clock will remain stopped until the Applicants have completed the record on which they intend to rely and a reasonable period of time has passed for staff and third-party review." The two companies released a joint statement. "We appreciate that the FCC is taking the time necessary to fully understand the merits," the companies said. "The additional review time is common to FCC merger reviews and we recently supplied a large amount of data to the FCC that they want sufficient time to assess. We are confident that this transaction is pro-competitive, good for the country and good for American consumers, and we look forward to continuing to work with the FCC as they evaluate our plans." The Wireless Bureau meanwhile asked for data from Verizon, as part of the agency’s ongoing analysis of the deal. The bureau said in a Monday letter in Tuesday's Daily Digest and docket 18-197 it may seek other information. AT&T officials said they were called in by the FCC to discuss the company’s “5G deployment plans” relative to the deal. The bureau also requested data from AT&T and from U.S. Cellular (see here and here). Also Tuesday, T-Mobile said it signed a multiyear, $3.5 billion contract with Ericsson to support the carrier's nationwide deployment of 5G. “Ericsson will provide T-Mobile with the latest 5G New Radio hardware and software compliant with 3GPP standards,” T-Mobile said. “The contract also encompasses Ericsson’s digital services solutions, including dynamic orchestration, business support systems (BSS) and Ericsson Cloud Core, enabling T-Mobile to rapidly launch innovative and groundbreaking 5G experiences.”

The FCC released updated data on deployment of fixed broadband and mobile broadband and voice services, as of June 30, 2017, said a public notice by the Wireline and Wireless bureaus Monday in docket 11-10. It cited industry Form 477 submissions, including revisions made as of June 14, 2018. A separate Wireline Bureau public notice announced the FCC's national broadband map, which currently focuses on fixed broadband, was updated to include June 2017 Form 477 data.

The most recent Technology Policy Institute annual Aspen, Colorado, event was held Aug. 19-21.

The FCC overstates broadband availability on tribal lands because it considers service available in a census block if a provider could serve at least one location, GAO reported Friday. "Overstatements of access limit FCC's and tribal stakeholders' abilities to target broadband funding to such areas." GAO recommend the FCC devise ways to collect and report accurate data on tribal broadband access, develop a process for obtaining tribal input on provider data, and obtain feedback from tribal stakeholders on the effectiveness of a 2012 agency statement to providers on tribal engagement. The FCC agreed.

The Competitive Enterprise Institute wasn't harmed by conditions on Charter Communications' buys of Time Warner Cable and Bright House Networks, so it has no standing to challenge them, the FCC said in a docket 15-149 order Monday denying CEI's reconsideration petition (see 1803050023). It said that while all the conditions were requested by various entities, CEI never objected to those comments, nor did it file an opposition to the petitions to deny, so it can't raise arguments against the conditions now on recon. Oral argument is scheduled for Sept. 17 in the U.S. Court of Appeals for the D.C. Circuit on CEI's petition for writ of mandamus (see 1807180027). The recon petition denial order moots CEI's petition for writ of mandamus, the FCC told the U.S. Court of Appeals in a letter (in Pacer, docket 17-1261) Monday, asking that the court dismiss the petition and cancel oral argument. The FCC said it talked with CEI counsel and that both sides agree oral argument isn't necessary. CEI emailed that it "demonstrated that the FCC imposed unlawful conditions on the Charter merger that would increase costs for consumers, who will have to foot the bill for an overreaching federal agency. Even though the FCC dismissed CEI’s petition, the FCC has no authority to micromanage the internet at the public’s expense and we are evaluating our options regarding appealing the FCC’s order."

The Public Safety Bureau approved limited waiver of emergency alert system and wireless emergency alert rules to let broadcasters and carriers take part in a test by the Puerto Rico Emergency Management Bureau. PREMB's simulation is scheduled for Wednesday, with a backup of Thursday. New rules allowing such joint tests kick in May 1. The exercise will "help educate and prepare the public and will help the PREMB to determine the readiness and effectiveness of Puerto Rico’s public warning system, plans, and infrastructure as it prepares for the peak of the 2018 hurricane season,” the FCC bureau said. “Given the disasters suffered by Puerto Rico during last year’s hurricanes and in preparation for this year’s peak hurricane season, we find waiver relief is warranted ... the proposed test would provide alert initiators and emergency managers information of immediate value to ongoing restoration and emergency preparedness efforts.”

New York Assemblymember Patricia Fahy (D) said Democratic lawmakers intended that their letter seeking to apply net neutrality rules to a Charter Communications successor also cover Charter itself in the case of a settlement (see 1809060038).