CTIA and the national wireless carriers sounded a note of caution on the timetable proposed in a draft FCC order requiring that carriers be able to identify within 3 meters the vertical location, or z-axis, of wireless calls to 911. Commissioners are to vote Nov. 22 (see 1910290054). “Further testing is currently underway and planned during 2020 to better determine the extent to which ± 3 meters for 80 percent of wireless calls as measured in the 9-1-1 Location Accuracy Test Bed is achievable by April 2021,” CTIA said in docket 07-114, posted Wednesday. The draft “presumes that technologies studied in the earlier test campaigns … are technically feasible and commercially available to meet the Commission’s April 2021 benchmark because firmware or software upgrades could load these technologies onto existing wireless handsets.” It likely “overstates the extent to which these solutions are scalable and deployable by April 2021,” CTIA said. The group and members proposed technical changes to the rules. Instead of referring to an “z-axis capable device,” the FCC could cite “any device capable of measuring and reporting vertical location with a wireless 9-1-1 call without a hardware upgrade.” The association said the text should more accurately reflect “the cautionary views” of industry and public safety groups. CTIA and representatives from AT&T, Sprint, T-Mobile and Verizon met with Public Safety Bureau staff. The International Association of Fire Chiefs, International Association of Fire Fighters, International Association of Chiefs of Police, National Sheriffs' Association and National Association of State EMS Officials supported the FCC proposal Wednesday. Three meters "not only provides emergency responders with actionable location information, but it also gives the public greater assurance that when they dial 9-1-1 from their cell phones, emergency responders can find them more quickly," IAFC said.

Rural provider Midco said the FCC should allow sharing in the C band with wireless ISPs and others offering fixed wireless, in markets where installing fiber would be impractical. Midco said it tested use of the spectrum for wireless broadband under an experimental license from the FCC. Midco found the C band provides coverage over an area within a 7-mile radius. “Fixed 5G is coming to rural America and can provide ever-faster speeds and options for rural Americans,” Midco said Tuesday in docket 18-122: “But this technology needs more spectrum to perform the carrier aggregation functions required for a fixed 5G technology. The C-Band is key spectrum for Midco to use in providing fixed 5G service to our most rural, remote customers.”

The National League of Cities, the U.S. Conference of Mayors, NATOA, the National Association of Counties and numerous counties and states asked the FCC to extend the reply comment deadline on CTIA and Wireless Infrastructure Association proposals seeking additional changes to wireless infrastructure rules. The FCC got significant pushback in the initial comment round (see 1910300027). Replies are due Nov. 13. “While the Commission previously extended the comment period in recognition of the complexity of the issues and need for response to factual allegations, it did not provide any additional time for reply comments,” they said in a docket 18-197 filing, posted Tuesday: “The issues are no less complex with initial comments submitted, and the record in need of review and response is substantial.”

The Rural Wireless Association raised concerns about language in a draft proposal by FCC Chairman Ajit Pai to ban equipment from Chinese vendors Huawei and ZTE from networks funded by the USF (see 1910300036). “Of major concern to RWA’s members … is the Commission’s intent to prohibit ‘USF recipients from using USF funds to maintain, improve, modify, or otherwise support equipment or services provided by covered companies,’” said a filing by RWA General Counsel Carri Bennet, posted Tuesday in docket 18-89: “This single sentence alone is overbroad and ultimately vague.” Bennet also questioned a statement that the prohibition “will apply to upgrades and maintenance of existing equipment and services.” Such restrictions would have “far-reaching, unintended consequences that disserve the public interest,” she said.

APCO said that without "significant changes," it can't support the FCC's push for final rules requiring that carriers be able to identify within 3 meters the vertical location, or z-axis, of calls to 911. APCO had earlier voiced concerns, though the draft order asserts the group is now onboard. “APCO’s revised position aligns with the views of all other public safety commenters that adopting a z-axis metric remains an essential measure to ensure that first responders receive important location information when providing dispatchable location is not feasible,” the draft said (see 1910290054). But "the proposal does not ensure that first responders will know a 9-1-1 caller’s vertical position within 3 meters for 80 percent of calls, as the metric seemingly requires,” APCO said in a filing posted Tuesday in docket 07-114: “Worse, absent a more comprehensive approach to the z-axis metric and the location accuracy rules, carriers could comply with the rules without ensuring that public safety professionals receive actionable information.” APCO shared its concerns with staff for Chairman Ajit Pai, and Commissioners Mike O’Rielly and Jessica Rosenworcel.

Revised wireless infrastructure rules take effect Dec. 5. The FCC Wireless Bureau ordered the rules in October after the U.S. Court of Appeals for the D.C. Circuit reversed a key part of the FCC’s March 2018 wireless infrastructure order (see 1908090021). The court said in United Keetoowah Band v. FCC, No. 18-1129, the FCC unlawfully excluded small cells from National Environmental Protection Act and the National Historic Preservation Act review. The October order clarified that small cells are “subject to review to the same extent as larger wireless facilities” under NEPA and NHPA, says a rule prepared for publication in Tuesday's Federal Register.

Only five licensees still must complete retuning as part of the 800 MHz rebanding, Sprint told the FCC Monday. One of the licensees, in the El Paso, Texas, area, is a public safety agency. “Sprint remains committed to completing this important initiative; however, as the information contained herein demonstrates, Sprint cannot complete 800 MHz band reconfiguration until all affected incumbent licensees complete their individual retuning activities,” the carrier said Monday in docket 02-55.

Capital One bank asked the FCC to clarify rules for opting out of text messages. When Capital One receives an opt-out request from a customer who formerly provided consent, it must discern the opt out's specific scope, the company said in a petition posted Monday in docket 18-152. The bank said it should be entitled to seek clarification without violating the Telephone Consumer Protection Act but is asking for FCC clarity out of “an abundance of caution to ensure it can implement this customer-friendly measure” without facing “costly and unnecessary litigation.”

The FCC Public Safety Bureau told El Paso County, Colorado, it can't use frequencies authorized under call sign WPTQ260 after missing an April 10 construction deadline. The county sought an extension 70 days later and put the station on the air in August, the bureau said Monday. El Paso's reasons “for its failure to timely construct [the site] are irrelevant,” the bureau said. If El Paso wants to continue to operate on the frequencies “it must file a properly coordinated application for license,” the bureau said: “If El Paso desires to operate while the referenced application for license is pending before the Commission, it must file a request for special temporary authority.”

The Utilities Technology Council warned an aide to FCC Commissioner Mike O’Rielly of the risk to utilities posed by Wi-Fi in the 6 GHz band. UTC and members “described how utilities and other critical infrastructure industries operate extensive microwave communications systems in the 6 GHz band, which they use to support the safe, reliable and secure delivery of essential services,” said a filing posted Monday in docket 18-295. “They urged the Commission to refrain from allowing unlicensed operations in the 6 GHz band, and that further field testing of the automated frequency control technology proposed to mitigate harmful interference is necessary before any such unlicensed operations should be permitted in the band,” UTC said.