The FCC sought comment Tuesday for an upcoming report on the feasibility of allowing wireless operators to use or share 3.7-4.2 GHz. “How should we assess the operations and possible impacts of sharing on Federal and non-Federal users already operating in this band?” the public notice asked. “How might sharing be accomplished, with licensed and/or unlicensed operations, without causing harmful interference to Federal and non-Federal users already operating in this band, and in which parts of the band would such sharing be feasible? What other considerations should the Commission take into account in preparing the 3.7- 4.2 GHz Report?” The band is a top FCC priority and an NPRM is expected this summer (see 1803020042). The report was required by the recently enacted Mobile Now Act. Comments are due May 31, replies June 15. "I have repeatedly called for freeing up this band for commercial purposes and I am pleased to see this important step forward in our process, as it will complement and not delay the Commission’s ongoing work on the matter," said Commissioner Mike O'Rielly. The PN is by the Office of Engineering and Technology and the International and Wireless bureaus. Meantime, April's PN on a freeze on new or modifications of fixed satellite service licenses in the band (see 1804200003) needs clarification to clear up any misconceptions that might dissuade registration of earth stations, the American Cable Association said in a docket 18-183 filing posted Tuesday. It said the current wording makes it sound as if registration without an accompanying coordination report provides no benefit to new registrants, and needs to make clear those registrants won't get interference protection from fixed service transmissions by existing licensees. ACA said that and other changes would let it then start "meaningful grass roots efforts" to educate members on registering within the 90-day window ending July 18.

The FCC Broadband Deployment Advisory Committee is likely to wrap up initial reports for vote in July, BDAC Chair Elizabeth Bowles told us. “I was pleased with last week’s meeting,” Bowles emailed. “The discussion was both productive and substantive, and all voices were able to be heard and to raise their concerns with the various drafts. The last two Working Groups’ reports were voted out, and we will now be moving on to creating of the final report for phase one of our work.” Other members said much work remains (see 1804300058). Committee chairs and vice chairs haven’t had a follow-up call yet, but BDAC members will likely take the next few weeks to eliminate any minor inconsistencies in the reports approved, said committee member Brent Skorup of the Mercatus Center. “For instance, suppose the state model code says cities must complete a review within X days and the municipal model code says the review must be completed within Y days, that needs to be cleaned up and those tweaks approved.” The rates and fees ad hoc committee “will hopefully collect more data and issue some more analysis,” he said.

Blame the Obama administration for a projected 15.52 percent reduction in USF support for small rural carriers over the next year, FCC Chairman Ajit Pai said Tuesday. Universal Service Administrative Co. Tuesday announced support calculations for the budget control mechanism for July 2018 and June 2019. “The prior Administration’s budget control mechanism has created constant uncertainty for small, rural carriers, endangering their ability to make long-term investment decisions to bring high-speed broadband to the millions of Americans who still lack it,” Pai said. “That’s why earlier this year we allocated $180 million to such carriers as a stop-gap measure to avert budget cuts for the current funding year. But now small carriers are facing even more severe cuts in the coming year, which will only exacerbate the digital divide in rural America.” It shows importance of a recent NPRM to review the budget control mechanism (see 1803230025), Pai said. “We’re still accepting public input on the Notice, but once that period has ended, I hope my colleagues will support my efforts to take action in the coming months.” Commissioner Jessica Rosenworcel didn't comment.

FCC Commissioner Mike O'Rielly “violated the Hatch Act” at the American Conservative Union's February Conservative Political Action Conference when he called for the re-election of President Donald Trump, said the U.S. Office of Special Counsel Tuesday. The Project on Government Oversight and American Oversight urged the OSC to investigate (see 1802270035). O'Rielly said during his appearance he was only trying to answer a question about how to prevent further “regulatory ping-ponging.” But “regardless of his explanation,” O'Rielly “advocated for the re-election of President Trump in his official capacity as FCC Commissioner,” OSC Deputy Chief-Hatch Act Unit Erica Hamrick said in a letter to POGO Executive Director Danielle Brian that the group released: O'Rielly "violated the Hatch Act’s prohibition against using his official authority or influence to affect an election. Although OSC has decided to issue a warning letter in this instance, OSC has advised Commissioner O’Rielly that if in the future he engages in prohibited political activity while employed in a position covered by the Hatch Act, we will consider such activity to be a willful and knowing violation of the law, which could result in further action” by OSC. “I appreciate that OSC recognized that the statement in question was part of an off-the-cuff, unrehearsed response to an impromptu question, and that they found this resolution to be the appropriate consequence,” O'Rielly said. “While I am disappointed and disagree that my offhand remark was determined to be a violation, I take their warning letter seriously.” FCC General Counsel Thomas Johnson contended in a letter last month to top House Commerce Committee Democrats that the appearances of O'Rielly, FCC Chairman Ajit Pai and Commissioner Brendan Carr at CPAC didn't violate ethics rules (see 1803260040 and 1804230023).

FCC orders seeking to help rate-of-return telcos and a few tribal carriers are to take effect May 31, the day comments will be due on a cable channel listing NPRM. Two orders in docket 10-90 that provide up to $545 million in additional high-cost USF subsidy support to rate-of-return carriers and clarify their expense and cost-recovery rules (see 1803230025) are to appear in Tuesday's Federal Register, with an effective date 30 days after publication, which would be May 31. The FR is to publish Tuesday another order relaxing operating expense restrictions on high-cost support for an estimated five rural carriers primarily serving tribal lands (see 1804050028), triggering the same 30-day effective date of May 31. It's also to publish Tuesday an NPRM in docket 18-92 seeking comment on eliminating rules requiring cable carriers to keep channel listings in their main offices (see Notebook at end of 1804170038), with comments due in 30 days, May 31, and replies in 45 days, June 15.

The Supreme Court declined to review an appeal in FCC pole-attachment litigation. An order list noted Monday without comment that justices denied a cert petition in Ameren et al. v. FCC et al., in docket 17-819. Ameren and other electric utilities had appealed an 8th U.S. Circuit Court of Appeals that upheld a 2015 FCC order aimed at driving down telecom pole-attachment rates to cable rate levels (see 1707310065 and 1511240071). Commission and Ameren representatives didn't comment.

There were 14 comments filed on an FCC broadband ISP transparency rule under the Paperwork Reduction Act, a commission spokesman told us Monday. The Office of Management and Budget must approve the information collection requirements in the rule before the commission's "internet freedom" order repealing Title II net neutrality can take effect. OMB didn't comment. None of the almost two dozen trade groups and ISPs we queried acknowledged filing comments, but numerous parties said they didn't file: the American Cable Association, AT&T, Comcast, Competitive Carriers Association, Cox Communications, CTIA, Frontier Communications, Incompas, ITTA, Mediacom Communications, NCTA, NTCA, Sprint, US Cellular, USTelecom and Wireless ISP Association. Others didn't respond or had no comment.

FCC Chairman Ajit Pai will visit Louisiana, Mississippi, Alabama and Florida this week for a series of events on expanding high-speed internet access and closing the digital divide, with an eye on jobs, said an advisory Friday. Pai plans to participate on roundtables with House Majority Whip Steve Scalise, R-La., in New Orleans and with Rep. Gus Bilirakis, R-Fla., in Tampa. Among other stops will be a housing project in Iberville, Louisiana, “where high-speed broadband has been deployed,” a Navy facility in Gulfport, Mississippi, and a cable broadband facility in Pascagoula, Alabama. Pai plans to meet with local leaders in Mobile, Alabama. He also plans to visit a broadband provider in Quincy, Florida, and the James Madison Institute in Tallahassee. Also in Florida, he will tour a veterans’ telehealth center in Lecanto and a cable broadband facility in St. Petersburg.

What FCC Chairman Ajit Pai told lawmakers related to the incentive auction is the additional allocation of repack funding gives broadcasters access to 92.5 percent of their estimated repacking costs (see 1804260068).

U.S. District Judge Richard Leon of Washington denied a DirecTV motion to have it dismissed as a defendant in DOJ's antitrust litigation seeking to block AT&T's buy of Time Warner (see 1804170031), according to a court minutes notation Friday in docket 17-cv-02511-RJL.