Federal Communications Commission (FCC)

A draft order, Further NPRM and NPRM on the broader 12 GHz band includes, as expected (see 2304260072), asking about fixed-wireless use in the lower part. It also asks about possible unlicensed use. The FCC also released a draft order on the 60 GHz band and a robocall order and FNPRM. All are proposed for votes at commissioners' May 18 open meeting. The proposed title of the 12 GHz draft is “Optimizing Spectrum for Services from 6G to Satellite.”

Most reply comments supported FCC grant of a waiver request by the Wi-Fi Alliance of rules for the predictive propagation models that an automated frequency coordination system must employ in the 6 GHz band (see 2303210039). Only the National Wireless Communications Council (NWCC), which represents a diverse group of 6 GHz incumbents, filed reply comments in opposition.

The California Assembly Communications Committee cleared amended bills including on video franchising, local broadband permits and low-income benefits at a webcast hearing Wednesday. Also, the committee unanimously passed a consent agenda including bills on 911 public education (AB-296) and grants for emergency communications on fairgrounds (AB-415). The committee voted 10-2 to send to the Appropriations Committee a bill (AB-41) aimed at tightening digital equity requirements in the state’s video franchise law. Sponsor Chris Holden (D), who chairs the Appropriations panel, said the 2006 Digital Infrastructure and Video Competition Act approach of self-regulation through competition failed to spread services to everyone within franchise areas. The California Broadband & Video Association thinks the proposed replacement, the Digital Equity in Video Franchising Act, would be “generally unfeasible,” said Legislative and Regulatory Advocacy Director Amanda Gualderama. The state cable association was joined by USTelecom in opposition. The Communications Committee voted 13-0 for AB-965, which would set a 60-day shot clock for local governments to decide broadband permit applications or have them deemed granted. It will go to the Local Government Committee next. Supporters included Crown Castle, CTIA, USTelecom and the Wireless Infrastructure Association. But the California Municipal Utilities Association raised concerns it duplicates previous rules including the FCC’s small-cells order. The Assembly panel voted 13-0 for AB-1231 to allow low-income consumers to stack benefits from California LifeLine, federal Lifeline and the affordable connectivity program. It goes next to Appropriations. "The bill is needed because the CPUC has prohibited Californian consumers from combining their California LifeLine and ACP benefits to maximize the amount of data they receive,” said TruConnect Chief Compliance Officer Danielle Perry, who is also a National Lifeline Association board member. The Utility Reform Network worries the bill doesn’t provide enough accountability on providers, said TURN lobbyist Ignacio Hernandez: Lawmakers should strengthen it or allow the CPUC to make rules. The commission already has an open proceeding on the issue, he noted. Supporting AB-1231, Communications Committee Chair Tasha Boerner Horvath (D) said she thinks the CPUC has overly restricted access for low-income people.

House Communications Subcommittee ranking member Doris Matsui of California and other Democrats opposed many of the 32 bills and legislative drafts aimed at revamping connectivity permitting processes that the subpanel examined during a Wednesday hearing, arguing the current proposals are too broad and suggesting lawmakers gather more input before moving forward. Subcommittee Chairman Bob Latta of Ohio and other Republicans framed the measures as a necessary component of the federal government’s push to improve broadband connectivity that Congress failed to include in the Infrastructure Investment and Jobs Act.

Top Republicans on the House and Senate Communications subcommittees told us their recent broadband oversight moves weren't unfairly partisan and they seek a more critical assessment of the Biden administration’s implementation of connectivity programs from the Infrastructure Investment and Jobs Act and COVID-19 aid measures to prevent appropriations misuse. The subpanels' top Democrats and other stakeholders told us they’re not particularly concerned so far about the tone of GOP queries but are continuing to monitor how they compare with Congress’ past oversight of the controversial Broadband Technology Opportunities Program and other initiatives.

As NTIA tries to craft a national spectrum strategy, advocates are far apart on whether exclusive licenses for spectrum or reuse and sharing should be the primary focus, per comments submitted this week (docket 2023-0003). It continued to get pushes for repurposing bands including 3.1-3.45 GHz (see 2304170009).

In its hunt for spectrum available for more-intensive use, NTIA was urged to look at the 12 GHz and upper 12 GHz bands, in comments submitted Monday responding to its request for comments on creating a national spectrum strategy (see 2303150066). CTIA said U.S. efforts to lead the world in 5G are threatened by the lack of a spectrum pipeline and the expiration of the FCC's spectrum auction authority.

A White House Office of Science and Technology Policy official supported restoring the FCC’s spectrum auction authority but also emphasized during a Media Institute event Wednesday that all federal agencies need “an opportunity to be heard” before the commission makes a major spectrum policy decision. The FCC’s mandate expired last month amid efforts to delay congressional action on repurposing parts of the 3.1-3.45 GHz band for commercial use until after a DOD study of its systems on the frequency (see 2303090074). Austin Bonner, OSTP's assistant director-spectrum and telecom policy, also noted optimism about the trajectory of work on a national spectrum strategy, after NTIA’s Tuesday listening session at the University of Notre Dame in Indiana.

The White House is eyeing former acting NTIA Administrator Anna Gomez, ex-Wiley, and to a slightly lesser extent NASA Chief of Staff Susie Perez Quinn as the most viable potential candidates to replace ex-nominee Gigi Sohn as President Joe Biden’s pick fill the long-vacant third Democratic FCC seat, lobbyists and others said in interviews. Officials cautioned that the Biden administration is also looking at other potential candidates and several remained viable Tuesday, including Narda Jones, chief of staff to FCC Chairwoman Jessica Rosenworcel.

More areas are eligible for state broadband funding under the California Public Utilities Commission’s more granular mapping approach for 2023, CPUC officials said Monday. The CPUC held a California Advanced Services Fund (CASF) virtual workshop with ISPs, consumers, local governments, and regional consortia. “The validation process we’re using for CASF … is more rigorous and more responsive to the reality on the ground than what we’re seeing at the federal level,” said Communications Division Director Robert Osborn.