Monday, November 16, 2020
DoT Requests Maintain on 5.9 GHz Band Continuing
Final week, the Nationwide Telecommunications and Data Administration (NTIA) submitted a letter to the FCC from the U.S. Division of Transportation’s basic counsel (DoT) asking the Fee to pause its 5.9 GHz band continuing (Vol. XVII, Subject 43) and reengage with the DoT and different stakeholders earlier than shifting ahead. In its letter, the DoT emphasised that the FCC’s reallocation is unworkable and undermines innovation in transportation security, it undervalues the security advantages of the band and underestimates the associated fee and disruption that can outcome, and that the FCC has chosen unproven expertise (mobile vehicle-to-everything expertise). The Fee will take into account its proposal at its Open Assembly on November 18.
FCC Points Ruling Preempting Duplicative ROW Charges
Final week, the FCC’s Wireline Competitors Bureau issued a Declaratory Ruling preempting rights-of-way (“ROW”) price necessities imposed by three Missouri cities. The Ruling was issued in response to a Petition for preemption filed by Bluebird Community alleging that the duplicative nature of the ROW charges creates a barrier to entry in violation of Part 253 of the Telecommunications Act (47 U.S.C § 253). Bluebird asserted that the cities’ ordinances required each the entity that owned the telecommunications amenities positioned throughout the ROW, akin to darkish fiber, and the entity that utilized these amenities to supply providers, to pay ROW charges. The FCC’s Ruling preempts the cities’ ordinances to the extent they permit the cities to successfully double cost for a similar use of the general public rights-of-way by the identical amenities. The FCC made clear that the Ruling is expressly restricted to the “distinctive” information of the case.
2.5 GHz Tribal Precedence Window Purposes
The FCC issued a Public Discover final week saying that 57 extra functions had been accepted for submitting as a part of the Rural Tribal Precedence Window for licenses of unassigned spectrum within the 2.5 GHz band (Vol. XVII, Subject 36). If accepted for ultimate approval, these Tribal candidates will obtain licenses for unique use of as much as 117.5 megahertz of two.5 GHz spectrum to help with serving their communities with broadband and different wi-fi providers, together with 5G. Petitions to disclaim the functions should be filed by December 10, 2020, oppositions to petitions to disclaim should be filed by December 21, 2020, and replies to oppositions should be filed by December 29, 2020. Final month, the Fee granted 154 Tribal licenses by this first-of-its-kind Rural Tribal Precedence Window.
Chicago, Denver Vote to Broaden Broadband Choices
Earlier this month, voters in Chicago and Denver voted to approve shifting ahead with exploring methods to increase broadband entry of their respective cities. In Chicago, practically 90% of ballots solid voted sure to a non-binding referendum query asking if town ought to be certain that all of its neighborhood areas have entry to broadband web. In Denver, over 80% of voters solid ballots in favor of permitting town to decide out of SB 152. That state legislation prevents municipalities from constructing and managing their very own broadband networks. Since 2005, when SB 152 was first enacted, 140 communities have opted out.
FCC Releases Type 477 Information on Broadband Deployment
The FCC issued a Public Discover final week saying the discharge of up to date information on fastened broadband deployment and cell voice and broadband deployment as of December 31, 2019. In response to the info collected by way of Types 477submitted by all broadband suppliers in the USA, the variety of People residing in areas with out entry to terrestrial fastened broadband with speeds of a minimum of 25/three Mbps fell to 14.5 million on the finish of 2019, a 46% lower from the top of 2016. Whereas the Type 477 information could precisely determine wholly unserved census blocks, the Type 477 information is thought to be an insufficient indicator of unserved places inside partially served census blocks.
Co-authored by Wes Wright and Sean Stokes