The record shows near unanimous agreement the FCC should auction 39 GHz and two other millimeter-wave bands in 100 MHz rather than 200 MHz channels, AT&T, T-Mobile and Verizon replied, posted this week in docket 14-177. Commissioners approved a Further NPRM 4-0 in August (see 1808020025) on how to clean up the 39 GHz band for proposed auction next year of the 37, 39 and 47 GHz bands. AT&T noted that in initial comments only the Telecommunications Industry Association advocated 200 MHz channels. “Most parties recognized that altering the band plan to create 100 MHz channels could limit the number of fractional license interests encumbering the spectrum,” AT&T said. “While AT&T fully agrees with TIA that 5G services will be optimized for large bandwidths, AT&T believes the auction process, including an assignment round that guarantees license contiguity, will provide bidders with the opportunity to acquire the wide bandwidth channels they desire.” AT&T said the three bands should be auctioned together “as long as adding the 47 GHz band would not delay the auction of the 37.6-40.0 GHz band.” Verizon recommended the FCC “reject” any calls it “do away with the pre-auction voucher exchange, a key step to ensuring robust participation in a fair auction while reducing encumbrances in the 39 GHz band.” Auction rules should include a pre-auction voucher exchange encouraging incumbents to participate and “allow 39 GHz incumbents to use their vouchers to pay winning bids for licenses in any of the auctioned bands,” the carrier said. “For the 39 GHz band in particular, use of 100 megahertz channels will simplify the realignment process, as incumbent licensees generally hold non-contiguous paired 50 megahertz blocks.” Comments "reveal general agreement" on "standardization of 100 megahertz channel bandwidths and auction mechanisms that will promote access to unencumbered spectrum,” T-Mobile commented. It asked the agency to “proceed with the plans announced by Chairman [Ajit] Pai to auction the spectrum it covers before the end of 2019.”

The Wireless ISP Association supported arguments by rural telco groups that asked the FCC to postpone and redo broadband testing duties for RLECs and other smaller providers of fixed service receiving high-cost Connect America Fund support (see 1809200035). WTA and NTCA sought FCC review of a July 6 staff order (see 1807060031). “NTCA and WTA are correct that, for a variety of reasons, implementing the performance testing requirements will be particularly challenging for small providers, not the least of which is that the equipment necessary for small providers to carry out their obligations under the Order is simply not yet readily available,” WISPA said in docket 10-90. “This is a very practical, and very real, concern.” Also unclear is the availability of consultants who offer performance testing support services and the cost of these services, WISPA said. The filing was posted Friday.

NCTA is the association that elevated Michelle Ray to Kaitz Foundation executive director (see 1810050060).

The FCC activated the disaster information reporting system for Hurricane Michael, said a Tuesday public notice. The FCC wants DIRS reports starting Wednesday at 10 a.m. and each day by that time while DIRS is active. The FCC also gave its 24/7 emergency contact information and bureaus posted emergency procedures in separate PNs. The Florida Public Service Commission canceled this week's meetings in anticipation of the Category 3 storm predicted to strike Florida’s Big Bend area Wednesday, the PSC said Monday. Gov. Phil Scott (R) declared an emergency for 35 counties. Carriers described preparations, including Verizon, AT&T and T-Mobile.

State attorneys general urged new FCC efforts to combat illegal robocalls, including giving telecom providers expanded call-blocking authority. Others said too many legal calls already are blocked. Replies were posted Tuesday to initial comments in which carriers sought expanded authority (see 1809250031). Adopt "new rules authorizing voice service providers to block illegally spoofed calls beyond what is currently authorized in the 2017 Call Blocking Order," replied 35 state AGs in docket 17-59. They said their efforts to target bad actors are often "frustrated" because "calls travel through a maze of smaller providers" or come from overseas. They encouraged providers "to use all available tools to accurately identify illegal calls," and said providers should give consumers, "especially seniors," adequate information about blocking and labeling. Consumers Union and others urged the FCC to require phone companies to implement caller ID authentication technology soon, act to counter legal calls unwanted by consumers, maintain an inclusive robocall definition and not require voice providers send "intercept" messages for blocked calls. "Focus on the tiny fraction of carriers and their customers that originate the vast majority of illegal calls, rather than imposing widespread burdens on carriers, legal call originators" and consumers, said Sprint. It urged more providers to participate in USTelecom's "traceback" initiative "identifying illegal callers for referral to the FTC and FCC for enforcement," and said call blocking should be done "judiciously." Consumers "are being channeled to block calls without measures in place requiring proper disclosures or provision of sufficient information to allow consumers to make informed decisions," said ACA International: "Carriers must not be able to block calls until the FCC issues rules for callers to challenge erroneously blocked or mislabeled calls." NTCA urged the FCC "to proceed with caution and an eye toward protecting consumers from dangers of 'false positives.'" Welcoming attention on false positives, Incompas said efforts "must be carefully considered to protect legitimate traffic."

The FCC invited input on IHS Markit's request that urgent motor vehicle recall messages be exempted from Telephone Consumer Protection Act wireless calling restrictions (see 1809240046). Comments are due Nov. 5, replies Nov. 20 on the petition for emergency declaratory ruling, said a Consumer and Governmental Affairs Bureau public notice in docket 02-278 and Friday's Daily Digest. IHS said calls and texts on recalls should be exempt from TCPA wireless calling restrictions under a public safety exception: "automated calls may be placed, even absent 'prior express consent,' when they are 'made for emergency purposes.'" Citing a circuit split, the National Association of Federally-Insured Credit Unions asked the FCC to resolve uncertainty on what constitutes TCPA-restricted "automated telephone dialing system" calls. Following a U.S. Court of Appeals for the D.C. Circuit's ACA International v. FCC ruling (see 1803160053), "three circuit courts have decided questions related to what type of equipment constitutes an autodialer," NAFCU filed, posted Thursday in FCC docket 18-152. "The Second and Third Circuit have adopted a narrower definition whereas the Ninth Circuit chose to expand the definition." The FCC recently sought comment after the 9th Circuit ruling (see 1810030054).

Nationwide next-generation 911 deployment will cost $9.5 billion-$12.7 billion, the 911 Implementation Coordination Office reported Friday. The joint NTIA-National Highway Traffic Safety Administration-administered office estimated implementation will take 10 years “assuming no scheduling delays, no funding delays, and no deviations from the recommended implementation path,” NHTSA Deputy Administrator Heidi King and NTIA Administrator David Redl said. “Multistate implementation,” in which multiple states and territories within each of the Federal Emergency Management Agency's 10 regions coordinate on buying, implementing and operating shared core services centers, would cost the least. “State implementation,” in which independent states and territories would buy and operate their own core services, would cost $10.5 billion. A “service solution” option, in which states and territories buy all core services and public safety answering point system maintenance for an NG-911 provider, would cost $12.7 billion. The document “provides policymakers at all levels of government and public-safety stakeholders with the detailed finical information needed to achieve a coordinated, nationwide deployment of NG911,” said National Emergency Number Association President Jamison Peevyhouse.

A court set a Nov. 14 hearing on DOJ's motion for a preliminary injunction against California's net neutrality law (see 1809210059). California's opposition brief is due Oct. 19, and DOJ's reply Nov. 2, said a brief order in the U.S. District Court of Eastern California, in USA v. California, 2:18-cv-02660 (in Pacer). Judge John Mendez is to hear the case. The court set a March 18 scheduling conference before Senior Judge William Shubb in an ISP challenge to the law (see 1810030036) in American Cable Association v. Xavier Becerra, 2:18-cv-02684 (in Pacer). Net neutrality advocate Andrew Schwartzman expects the cases to be consolidated and says it could be held in abeyance, pending the outcome of challenges in the U.S. Court of Appeals for the D.C. Circuit to the FCC's net neutrality rollback order and its pre-emption provisions.

FCC Chairman Ajit Pai said he and staff weren't aware of a DOJ probe of Elizabeth Pierce before she resigned as chair of the Broadband Deployment Advisory Committee in September 2017. Pai responded to a query from Rep. Keith Ellison, D-Minn., about Pierce, ex-Quintillion CEO, who was indicted by DOJ in April for allegedly engaging in a scheme to induce investment of more than $250 million in an Alaskan fiber network (see 1804130055). The exchange was posted Thursday in docket 18-5: a May 8 Ellison letter seeking a response by May 21, and Pai's Sept. 27 letter. Pai said the FCC followed the requirements of the Federal Advisory Committee Act, including Office of General Counsel vetting Pierce, selected for chair "based on her apparent qualifications and recommendations." He said she chaired two BDAC meetings in April and July 2017 before working groups developed recommendations. "In August 2017, my office was informed that Ms. Pierce would be stepping down for personal reasons -- and she formally resigned in September, before the BDAC or its working groups considered or approved any recommendations," he wrote. Pai Is "pleased" with BDAC progress over the last two years: "all adopted recommendations have been approved by at least a super-majority of members," many unanimously.

FCC Commissioners Mike O'Rielly and Jessica Rosenworcel agreed U.S. 5G leadership is critical but under challenge and requires more spectrum and infrastructure. In back-to-back Q&As at The Atlantic Festival Wednesday, both said other countries are moving ahead aggressively with 5G wireless efforts. They differed on how best to spur 5G deployment, their level of concern about U.S. tariffs, the need to prepare for 6G, and state net neutrality efforts. American industry is "leading the charge," O'Rielly said, but other nations are engaging in "industrial policy" through standards-setting bodies and other mechanisms to gain advantage. He said the U.S. response must remove local barriers to antenna siting and make spectrum available to give companies the tools to invest. "We can't rest on our 4G laurels," said Rosenworcel, citing China, Europe and South Korea as racing to clear spectrum for 5G, and Asian deployment as advanced: "I think I see [U.S. leadership] as much more fragile than my colleagues do." She said incentives are needed for DOD to free up spectrum and for states and localities to streamline siting processes, including grant programs. Focus on how 5G connectivity can address problems such as traffic congestion and air pollution, she suggested. She again voiced concern that new 10 percent tariffs (with 25 percent possible in 2019) on Chinese products, including telecom network equipment, could slow deployment. O'Rielly isn't too worried about the tariff dispute near term because he suspects the issues will be worked out in "cat-and-mouse" negotiations, but if not, his concern will increase. He said there's so much 5G "heavy lifting" to do that he hasn't focused on 6G. Rosenworcel said it's not too early to start thinking about that future, which promises even more radical network advances and broader changes. On net neutrality, she welcomed the "extraordinary activity around the country" as states pass laws and governors and mayors take actions. O'Rielly said there's much agreement on principles and Congress could draft a workable law, which he believes shouldn't ban all paid prioritization. Instead, advocates pushed through a "crazy" California law banning zero-rating plans and called it "the gold standard," he said. "If that's gold, then I want to operate in a different currency."