The FCC violated the Administrative Procedure Act in...
The FCC violated the Administrative Procedure Act in its order authorizing Progeny to begin commercial operations of its E-911 locator service on the 902-928 MHz band, Google said in an FCC filing posted Monday. Google’s comments were in support of…
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separate efforts by the Part 15 Coalition, the Wireless Internet Service Providers Association (WISPA) and four other opponents of Progeny’s service who have filed petitions for reconsideration of the order. The FCC order “changed the rights and responsibilities of licensed and unlicensed users” on the band “without public notice and opportunity for comment, and without admitting the change,” Google said. If the FCC does not reverse the order, it “will discourage future deployment of equipment and services in the 902-928 MHz band and elsewhere,” the company said. Recent efforts to develop new versions of Wi-Fi like the Wi-Fi Alliance and IEEE-developed 802.11ah standard “can be sustained only within a predictable and stable regulatory framework, which the Order undermines,” Google said (http://bit.ly/194YfJ9). WISPA said in a separate filing that it believes the order should be overturned because of the FCC’s “failure” to provide a clear standard for what it believes are unacceptable levels of interference to unlicensed users, which “is a material legal error that Progeny cannot sidestep with twisted logic and post hoc rationalizations” in its opposition to the petitions for reconsideration (http://bit.ly/14uskQA). The FCC also “committed legal error by not just accepting but relying almost exclusively on the unilateral testing conducted by Progeny,” the Part 15 Coalition said Friday. Progeny, meanwhile, has offered “no valid reason why the Commission should not reconsider and overturn the Order,” the Part 15 Coalition said (http://bit.ly/1b7hZsV).