The FCC Public Safety Bureau denied ZTE’s petition for reconsideration of the bureau’s June 30 order designating the Chinese telecom equipment maker as a threat to U.S. national security. The order, which also covers Huawei, bars both companies from participating in the USF (see 2007160051). Huawei also sought reversal (see 2007310048). The FCC denied ZTE’s argument that the FY 2019 National Defense Authorization Act and the Secure and Trusted Communications Networks Act (HR-4998) limit “authority to implement a prohibition on USF support for ZTE equipment. ZTE has previously raised this argument and we find no grounds on which to reconsider it here.” The company “does not dispute critical facts underlying” the ban, “and those uncontroverted facts, standing alone, are enough to sustain” it, the bureau said. It reviewed “the totality of the evidence, which included legal and political analysis from Congress and the Executive Branch, Chinese law experts, as well as evidence of security threats provided by allied intelligence services and outside cybersecurity experts.” The bureau “determined that either directly [through] the application of the Chinese National Intelligence Law, or indirectly through the application of political pressure, Chinese companies like ZTE are required to cooperate with intelligence agencies by providing customer information and network traffic information.” It said ZTE “has substantial ties to the Chinese government and its military” apparatus. “We continue to find that vulnerabilities and cybersecurity risks plague ZTE equipment,” the bureau said. It “also took into account ZTE’s record of knowingly violating U.S. law, obstructing U.S. investigations, and making false statements to U.S. authorities even after entering a guilty plea for violating U.S. trade sanctions.” The gearmaker didn’t comment. The denial is “another important step in our ongoing efforts to protect U.S. communications networks from security risks,” said FCC Chairman Ajit Pai. He noted plans for commissioners to vote Dec. 10 on rules (see 2011190059) to help U.S. telecom companies replace suspect network equipment proposed in HR-4998. “Now it is more vital than ever that Congress appropriate funds so that our communications networks are protected from vendors that threaten our national security,” Pai said. Lawmakers are pushing to allocate $1.6 billion-$1.8 billion (see 2009140062).

Huawei's proposed "New IP" sparked charges the company and possibly the Chinese government are trying to hijack the internet. ICANN, ITU and others said the protocol's specifications and purported uses are so hazy it can't be considered as an internet replacement. Huawei said it's trying to improve existing IP versions 4 and 6 and denied it's working for the Chinese government. The project's link to Huawei, however, "is a guarantee, in the current geopolitical environment, that it will be politicized," blogged Internet Governance Project founder Milton Mueller.

Huawei's proposed "New IP" sparked charges the company and possibly the Chinese government are trying to hijack the internet. ICANN, ITU and others said the protocol's specifications and purported uses are so hazy it can't be considered as an internet replacement. Huawei said it's trying to improve existing IP versions 4 and 6 and denied it's working for the Chinese government. The project's link to Huawei, however, "is a guarantee, in the current geopolitical environment, that it will be politicized," blogged Internet Governance Project founder Milton Mueller.

The National Lifeline Association and Assist Wireless asked the U.S. Court of Appeals for the D.C. Circuit for an emergency stay of Monday’s FCC Wireline Bureau order (see 2011170064) raising the Lifeline broadband minimum service standard to 4.5 GB a month. The motion and petition for writ of mandamus (in Pacer) were filed Thursday. The MSS increase from 3 GB to 4.5 GB would take effect Dec. 1, and the emergency motion seeks a ruling on the stay by Nov. 30. The stay request asks the court to block the Dec. 1 increase until it can rule on the accompanying petition for writ of mandamus, which seeks to compel the FCC to act on petitions for reconsideration against the 2016 order that established an automatically increasing MSS. “Absent Court action to force the FCC to render a decision on the 2016 Order reconsideration petitions, [eligible telecommunications carriers], low-income consumers, and the public interest will suffer irreparable harm,” said the petition. NaLA’s filings argue the FCC is dragging its feet on the recon petitions, that allowing the Dec.1 increase will cause a great deal of harm during the pandemic, and that reasoning for the MSS order is arbitrary. Though Monday’s order was enacted at the bureau level and would normally be appealed to the full commission before the courts, NaLA said that would be “futile” because of the looming deadline and the agency’s decision to increase the MSS. The FCC didn’t comment.

All FCC action on the Telephone Consumer Protection Act isn’t focused on Facebook v. Duguid, to be argued before the Supreme Court Dec. 8, an FCBA webinar heard Thursday. Experts hope that case provides long-awaited clarity on what constitutes an automatic telephone dialing system (ATDS) under the TCPA (see 2011100052).

The FCC released the three draft items Chairman Ajit Pai is proposing for the Dec. 10 meeting (see 2011180065). The meeting will be headlined by a report and order implementing the Secure and Trusted Communications Networks Act, with an NPRM on equipment certification rules and an order on ATSC 3.0 datacasting. Industry officials said it's unclear whether FCC Democrats will consider any of the drafts controversial or major items that should be left for next year under the new commission.

All FCC action on the Telephone Consumer Protection Act isn’t focused on Facebook v. Duguid, to be argued before the Supreme Court Dec. 8, an FCBA webinar heard Thursday. Experts hope that case provides long-awaited clarity on what constitutes an automatic telephone dialing system (ATDS) under the TCPA (see 2011100052).

"What's the location of your emergency?" asked a District of Columbia Office of Unified Communications 911 call taker on June 5 just before 4 p.m. The caller, crying as she reported that her 59-year-old mother passed out after experiencing chest pains, answered, “414 Oglethorpe Street Northeast.”

A hotly contested exemption from safeguard duties on solar cells has now been terminated -- at least for the time being -- after the Court of International Trade on Nov. 19 declined to expand an injunction to include the administration’s latest bid to withdraw the exclusion, and lifted a temporary restraining order against the withdrawal (see 2010260025 and 2011090033). The elimination of the exemption takes immediate effect, according to a CBP spokesperson.

Southern Co. asked the FCC not to act now on revised 6 GHz rules, while others sought changes proposed in an April Further NPRM, in filings posted Tuesday in docket 18-295. Chairman Ajit Pai is expected to make clear Wednesday whether there will be a vote at the Dec. 10 commissioners' meeting (see 2011130045). “Take additional time to fully evaluate and consider” concerns that have been raised “before adopting any further rules on unlicensed use of the 6 GHz band,” Southern said in calls with aides to Pai and Commissioner Jessica Rosenworcel. The Open Technology Institute at New America told acting Chief Ron Repasi and others from the Office of Engineering and Technology that the FCC should act. “We urged the Commission to act on Verizon’s Petition for Reconsideration requesting higher power for unlicensed standard-power 6 GHz access points already subject to [automated frequency coordination] control,” Verizon said of a call with OET.