Most Support Proposed Section 7 Rules, but Safeguards Urged
An FCC proposal for rules requiring prompt action on “innovative” new technologies and services under Section 7 of the Communications Act got enthusiastic support from CTA, Qualcomm and other industry commenters. Filers also advised the FCC to move forward carefully, citing potential unintended consequences. In one of his first speeches as chairman, Ajit Pai promised to “breathe life” into Section 7 (see 1703150020). The agency sought comment in February, despite concerns by Commissioners Mignon Clyburn and Jessica Rosenworcel (see 1802220045).
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Qualcomm said companies have faced years of delays. The NPRM continues "successful FCC programs and policies that have fostered wireless innovation,” it commented in docket 18-22.
CTA said the FCC should establish rules as proposed in the NPRM. “With ample budgetary and staffing resources, the most direct path to implementing Section 7 could be for the Commission to make a broad-based effort to streamline and improve its existing processes involving applications and petitions generally, thereby decreasing overall processing times for all items that may implicate new technologies or services,” CTA said. Given staffing and other limitations, the procedures proposed “could be a practical way to implement Section 7,” the group said. It advised “beta testing” new rules “as part of a time-limited trial.”
AT&T said the formula proposed “accurately balances competing needs -- regulatory guidance versus flexibility to consider unknown issues associated with new technologies and services.” The rules build on other FCC programs already in place, the carrier said, suggesting the commission adopt proposed regulations and "continue on the path to remove other regulatory barriers that impede the normal evolution of technology.”
CTIA said the FCC is right to try to minimize delays, but implementation could be challenging. “Without appropriate safeguards, Section 7’s implementing framework could be ripe for abuse by parties seeking to circumvent the agency’s well-established licensing policies,” the association commented. “Adopt measures that will prevent abuse while still eliminating unnecessary delays.”
Rules should supplement rather than supplant other FCC programs, the Competitive Carriers Association said. “The widely-used experimental licensing program under Part 5 of the Commission’s rules plays an important role in the development of products and services,” CCA said. The Office of Engineering and Technology grants more than 2,000 experimental licenses each year, CCA noted. The group cited experimental licenses used by members T-Mobile and U.S. Cellular to test operations in the 3.5 GHz band.
The GPS Innovation Alliance "supports the development and adoption of new and innovative technologies and services," it said, cautioning "codified government procedures may not always provide the best means of accelerating their deployment." Besides "testing, analysis, and research, an applicant should have to demonstrate that its innovation can successfully transition from a laboratory environment to a production environment as well as a ‘real world’ environment," the group said.