The U.S. Appeals Court for the D.C. Circuit granted the FCC’s Oct. 5 motion to dismiss Indian Peak Properties’ petition for review of a commission over-the-air reception device rule (see 2310240005), said the court's per curiam order Thursday (docket 23-1223). Indian Peak sought judicial review of two letter rulings issued by the Wireless and Media bureaus under delegated authority. But the challenged orders aren’t final, and the petition for review “is incurably premature” in light of Indian Peak’s application for review pending before the FCC, said the order. Under D.C. Circuit Rule 36, the disposition in the case won’t be published, it said. The court directed the clerk to withhold issuance of the mandate in the case until seven days after disposition “of any timely petition for rehearing or petition for rehearing en banc,” it said.

Mobile data traffic, estimated at 84 million terabytes monthly in 2022, is projected to hit 603.5 million TB per month by 2030, a compound annual growth rate of 27.9%, ResearchAndMarkets.com said Wednesday. Video alone is expected to reach 463 million TB per month in 2030, the report said: “The COVID-19 pandemic has significantly impacted mobile data traffic, with increased smartphone activity and internet dependence driving its growth. Mobile data traffic is a key component of the global telecommunications landscape, and understanding its market dynamics is crucial.”

T-Mobile is testing millimeter-wave spectrum on a 5G stand-alone network, collaborating with Ericsson and Qualcomm Technologies. T-Mobile said Wednesday it demonstrated download speeds greater than 4.3 Gbps without relying on low-band or mid-band spectrum to anchor the connection, using eight aggregated channels of high-band spectrum. In addition, it aggregated four channels of mmW for the uplink, reaching speeds exceeding 420 Mbps. T-Mobile noted that while high band “can deliver incredibly fast speeds because it offers massive capacity,” it doesn’t propagate well, “making it less ideal” for mobile phone users who are moving. T-Mobile said it’s testing its use in crowded areas like stadiums and for fixed wireless. “We’ve always said we’ll use millimeter wave where it makes sense, and this test allows us to see how the spectrum can be put to use in different situations like crowded venues or to power things like fixed-wireless access when combined with 5G standalone,” said Ulf Ewaldsson, president-technology at T-Mobile.

FCC Commissioner Nathan Simington Wednesday called for a cyber trust mark program that “will help transform the currently dismal connected device security landscape.” The agency recently took comment on a proposed cybersecurity labeling program for smart devices (see 2311130034). The program should have “robust requirements, especially that manufacturers make legally binding commitments to maintaining the security of their products after the time of sale,” Simington said in a news release: “Absent such binding, ongoing commitments, the label would be yet another cybersecurity standard that fails to meaningfully improve the security landscape.” The program shouldn’t be used as a “safe harbor for negligent practices, or to otherwise preempt state law,” which “would undermine incentives for device manufacturers to be vigilant about security threats,” he said.

Ericsson urged FCC approval of a Samsung waiver for a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see [Ref:2309130041). Approval would mean radios using less energy with a “much smaller cell site footprint, thereby facilitating faster zoning review and easier siting,” Ericsson said in a filing posted Wednesday in docket 23-93. Ericsson noted it has filed a similar waiver request.

Axon sought waivers of FCC rules for a small surveillance drone, a surveillance robot and a camera that can either be fixed or pole-mounted, that use the 5725-5850 MHz band. All three would be sold strictly to law enforcement agencies, the company said. Axon hopes to use higher power levels than allowed under FCC rules. The devices also slightly exceed the out-of-band emission limits at the band's upper and lower edges, Axon added. “None of the three devices will begin to transmit video signals in the 5725-5850 MHz band absent an affirmative command by the user,” Axon said: “The command-and-control link is maintained using an FCC-approved 900 MHz handheld controller that complies with Part 15 of Commission’s rules and, therefore, is not addressed further in this request.” The undocketed filing was posted Wednesday.

LendingTree said it met with aides to FCC Commissioner Anna Gomez about concerns over provisions in a draft robotexting order set for a commissioner vote Dec. 13 (see 2312010028). “LendingTree discussed the ways that comparison shopping sites save consumers money on financial products and level the playing field for small businesses competing for consumers,” said a filing posted Wednesday in docket 21-402. Also in a Wednesday posting, market company QuinStreet raised objections in calls with aides to Gomez, Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks. The company “joined the chorus of commenters who pointed out that the draft [order's] embrace of one-to-one consent departed markedly from the Commission’s proposed rule” in a Further NPRM, Quinstreet said: The draft also “appeared just before the Thanksgiving holiday, leaving little time for affected parties -- especially small and local businesses -- to become aware of this change, let alone for those parties to address it in a detailed and organized manner.” The Competitive Carriers Association warned that a proposal requiring terminating providers to block texts from a particular number following FCC notification, within 30 days of Federal Register publication, doesn’t provide adequate time for carriers to meet the requirement. “CCA urges the Commission to revise the draft Order to clarify that compliance with the blocking mandate is not required until 6 months after OMB approval,” CCA said: “Mobile wireless providers need sufficient time to comply with text blocking requirements. … Many carriers will need to work with outside vendors to implement a solution, as well as implement additional internal procedures around the evaluation of text traffic for the purposes of investigations.”

Rural Wireless Association and NTCA representatives jointly met with FCC Wireline Bureau staff on problems small carriers face in the agency’s Secure and Trusted Communications Networks Reimbursement Program. The Competitive Carriers Association recently raised similar concerns (see 2312040015). Locking "the entire application when a modification request is filed has significantly delayed program participants’ ability to efficiently complete the replacement, removal, and disposal process and timely pay their respective vendors,” said a filing posted Tuesday in docket 18-89. When the fund administrator issues requests for information “for very small discrepancies in dollar amounts (less than $1), it is creating hundreds, if not thousands of dollars in costs for the program participants who must then consult with their respective vendors, consultants and/or attorneys to respond appropriately,” they said.

CTIA raised concerns about the FCC's draft robotexting order during a series of meetings with commissioner aides. The order is set for a vote Dec. 13. “CTIA expressed significant concern that key aspects of the Draft Second Robotext Order reflect an effort to import solutions from the robocall playbook which, while developed to meet the needs of voice services, are ill-suited and unnecessary to address robotexts,” said a filing posted Tuesday in docket 02-278: “CTIA explained that the problems, policy landscape, and available tools are different -- as are the solutions.” The outreach was consistent with the group's past comments (see 2309200067). “Unlike in the robocalls context, where clear guidance and direction from the FCC was necessary to clarify voice service providers’ authority to block illegal robocalls and now requires that they do so, wireless providers and their messaging partners do not need such direction because text messaging is an information service and wireless providers leverage that flexibility to the benefit of consumers,” CTIA said. CTIA representatives met with aides to Chairwoman Jessica Rosenworcel and Commissioners Brendan Carr and Geoffrey Starks.

The citizens broadband radio service is in its early days, but in 20 years or so it will be as mature as Wi-Fi is today, with a similar ecosystem, Jim Jacobellis, senior vice president at private network company Alef, said Monday during a Dense Networks webinar. “You’re going to see CBRS networks in most any city or county that has some level of communications capability,” he said. That will happen in the next five-10 years. "It’s just a matter of when and how they get there," Jacobellis said. The question is where both Wi-Fi and cellular are “not good enough,” he said: “That’s where private LTE and private cellular can come in and save the day thanks to the recent availability of the CBRS band.” In the U.S., CBRS is “the innovation band,” said Jamaal Smith, vice president-sales at managed-service provider Kajeet. “It allows municipalities, universities, to do things that they might not have been able to do with traditional cellular or with Wi-Fi,” he said. Added Eric Toenjes, national market manager-wireless solution at Graybar, CBRS is “in the early stages of adoption,” though some players “are going all in.” Graybar is a distributor of communications and other solutions. Some users are working with companies like Kajeet while others are developing networks on their own, he said.