The FCC Office of Engineering and Technology seeks comment on a waiver Metrom Rail seeks to operate ultrawideband positive train control systems in the 3.272-5.014 GHz band. “The system would operate above the current radiated power limit as fixed wireless infrastructure under the handheld UWB device rules,” OET said Thursday. "Metrom states that the requested waiver would enable PTC to be deployed in public transit and short rail train systems and promote safety for railway passengers and personnel in a cost-effective manner.” Metrom is a technology company that serves railroads. Comments are due Oct. 22, replies Nov. 6, in docket 18-284.

All commercial operators of the 3.5 GHz citizens broadband radio service band need to be subject to spectrum access system (SAS) controlled frequency assignment, and letting any subset of operators opt out would lead to inefficient spectrum usage and undermine general authorized access (GAA) and priority access license (PAL) deployments. That was the argument NCTA and representatives from Charter Communications, Comcast, CableLabs and Midcontinent Communications brought to Wireless Chief Don Stockdale and Office of Engineering and Technology head Julius Knapp, relayed a docket 17-258 posting Thursday. The cable interests said the proposed opt-out -- with GAA users able to use any channel not occupied by an incumbent government or PAL user -- isn't consistent with Part 96 rules. The cable interests said the agency should make clear that the SAS "is the ultimate authority" in performing GAA resource allocation and that all users have to abide with SAS-controlled frequency selection.

Starry supports Wireless ISP Association arguments that the FCC should “modernize” over-the-air reception devices (OTARD) rules to apply to all fixed wireless transmitters and receivers, provided the equipment meets existing size restrictions for customer-end equipment (see 1808280040). “Modernizing OTARD would empower consumers to bring competitive wireless broadband to their communities and neighborhoods, without adding new regulatory burdens on local municipalities,” Starry said in a call with an aide to Commissioner Brendan Carr, said a filing in docket 17-79.

The FCC should add a regional or state 911 authority to the definition of “covered 911 service provider,” Motorola Solutions said in a letter posted Wednesday in docket 13-75. “Without this addition, an entity providing 911, E911, or NG911 capabilities or their functional equivalent may not be subject to the covered 911 service provider rules if it provided the services pursuant to direct contract with a regional or state 9-1-1 authority,” Motorola said.

As a standard essential patent holder, Qualcomm needs to fulfill its obligation “to license to everyone from downstream clients to competitors,” the Computer & Communications Industry Association and the ACT|The App Association argued Tuesday, backing the FTC in the agency's anticompetitive complaint. Qualcomm argued in its own filing (in Pacer) against the relevance and timing of CCIA and ACT’s filing. “The law is clear that Qualcomm cannot interpret that obligation to include hidden, unstated limitations, or to refuse to license to a willing licensee,” CCIA CEO Ed Black said. “Qualcomm’s unwillingness to license competitors threatens wireless competition and could harm American competitiveness in 5G technology.” Qualcomm argued against the “belated filing” one week before Qualcomm’s opposition to the FTC's motion for partial summary judgment was due. "In addition to the timing problem, and the irrelevance of ACT and CCIA’s views, both organizations are affiliated with firms that are actively litigating against Qualcomm in other forums,” Qualcomm said. Apple is an ACT sponsor, and Intel and Nvidia are CCIA members, the filing said. “Moreover, counsel for ACT and CCIA has previously appeared in this case as counsel for Broadcom, which recently tried to acquire Qualcomm in a hostile transaction.”

Google said it’s launching emergency location service (ELS) for Android in the U.S., in combination with RapidSOS, T-Mobile and West, to bring more accurate location more quickly to 911 call centers. “Accurately locating someone during an emergency call is critical for reducing response time and can be the difference between life and death,” said a Wednesday Google blog post. “More than 80 percent of emergency calls come from mobile phones, but locating these phones can be challenging as traditional emergency location technologies can fail indoors or have a radius that’s too big to be useful.” ELS “provides a more accurate location both indoors and outdoors by using a combination of GPS, Wi-Fi, mobile networks and sensors -- the same high-accuracy location you see when using Google Maps,” the company said. Apple said in June it's working with RapidSOS on similar technology (see 1806180003). Google already launched ELS in the U.S. Virgin Islands through a partnership with West and Viya, a regional carrier.

T-Mobile's buying Sprint faced numerous oppositions last month (see 1808280038) but this week got considerable love. Replies were due Monday to oppositions and many were posted Tuesday (see 1809170025). Many of the filings in FCC docket 18-197 questioned whether Sprint would survive without T-Mobile. T-Mobile and Sprint said they would be stronger together. Both have “standalone plans to deploy 5G networks, [but] the New T-Mobile network will be far superior and will create expanded capacity and lower costs so that American consumers will pay less and get more,” the carriers said. “Notably,” none of the oppositions disputes this point, they said. “Opponents insist either that the merger is unnecessary to build such a nationwide 5G network or that the standalone companies have alternatives to merging. They further hypothesize that the transaction will result in harmful effects on specific segments of the wireless market, rural areas, and company employment.” A recurring criticism is the deal would reduce service or raise process for prepaid plans “attractive to cost-conscious and low-income customers,” the deal partners said. “These concerns, like those raised on T-Mobile acquired MetroPCS, are unfounded. Following this merger, all MetroPCS, Boost Mobile, and Virgin Mobile USA customers with compatible handsets will benefit from the increased capacity and improved service quality that the New T-Mobile nationwide network will provide.” The transaction "comes at a precarious time for Sprint, which has been struggling for years as the nation’s fourth-largest wireless carrier,” the Competitive Enterprise Institute commented. “As the most highly leveraged S&P 500 company, with $32 billion of net debt, Sprint faces an uncertain future as a nationwide wireless carrier capable of competing with larger rivals.” The combined company “will be in a far better position to deploy wireless services to all Americans than would either company alone,” TechFreedom said. The group said many opponents “understate” how competitive the U.S. wireless market is. “In perhaps no other industry are the economies of scale larger than in broadband, and wireless broadband in particular,” TechFreedom said. The National Emergency Number Association said it rarely files on transactions but sees the deal as potentially benefiting emergency calling. T-Mobile is a leader in efforts to improve 911 calling, doing most work in-house, NENA said. “Such work, if carried over to the combined companies, will benefit T-Mobile customers when dialing 9-1-1 from their mobile devices."

The Enterprise Wireless Alliance asked the FCC Wireless Bureau to clarify one part of the temporary 900 MHz freeze, imposed by the bureau last week (see 1809130064). “EWA believes, but asks the Bureau to clarify, that licenses can be modified to change location, as long as the modified location does not expand the currently licensed 40 dBu service contour,” said a filing Monday in docket 17-200. The alliance said it understands the freeze is “necessary to preserve the current 900 MHz landscape and deter the filing of speculative applications” but urged the FCC to “finalize the proceeding as promptly as possible, so that the freeze is not in place for longer than absolutely necessary.” The bureau sought comment in an August 2017 notice of inquiry on the band's future (see 1708070043).

The FCC’s proposed 5G infrastructure order ignores work of the Broadband Deployment Advisory Committee, said BDAC member and Georgia Municipal Association Executive Director Larry Hanson in a Monday letter to the FCC. He and other local governments continued to file opposition to the draft in docket 17-84 (see 1809140012). The FCC should let BDAC finish its work; the group won’t be finished until March, Hanson said. “The Commission has chosen the best interests of the wireless industry over that of the public.” Cost-based fees are neither fair nor reasonable, a proposed shot clock for collocation is too extreme and proposed limits on aesthetic reviews are flawed and one-sided, he said. More opposition surfaced Monday from multiple other local officials, including the Kentucky League of Cities, Illinois Municipal League and mayors from Everett, Washington, and Chagrin Falls, Ohio.

A team of mostly T-Mobile executives met with FCC Commissioners Mike O’Rielly, Brendan Carr and Jessica Rosenworcel to present the case for it buying Sprint, said a filing posted Monday docket 18-197. The deal will create the “only company with incentive and ability to build first broad and deep nationwide 5G network,” said a slide deck: “New T-Mobile will bring revolutionary consumer experience with unmatched speed and latency” and “accelerate significant industry-wide investment in 5G.” The deal will create $43.6 billion in synergies, the companies said. Among attendees were T-Mobile's Neville Ray, chief technology officer; Peter Ewens, executive vice president-corporate strategy; and David Miller, general counsel. Sprint was represented by Charles McKee, vice president-government affairs. Replies were due a Monday, in response to oppositions filed last month (see 1808280038). “The promise of a robust, nationwide 5G network cannot be ignored,” said Citizens Against Government Waste. “Expect the usual outcry from those who believe that competition of three is anti-competitive, and the wireless marketplace requires a fourth competitor. … The ill-conceived notion of the proper number of competitors does not hold up in today’s converging telecommunications ecosystem.” The Free State Foundation also supported the deal. “Although some commenters have argued that the proposed T-Mobile/Sprint merger would harm competition by reducing the number of nationwide mobile wireless providers from four to three, competitive conditions in the market and facts specific to the merger support a contrary conclusion," FSF said. "Sprint’s recent financial history and analysts’ projections reveal that a standalone Sprint would likely be less competitive and perhaps not even viable in the 5G era." The Latino Coalition said the deal is in its members’ best interest. It “promises to expand access to high-quality broadband and deliver a super-charged network that will create additional opportunities for entrepreneurship and innovation,” the coalition commented. The Bellevue, Washington, Chamber of Commerce, in T-Mobile’s headquarters city, said the deal means thousands of new jobs. The Kansas Chamber, where Sprint is based, filed in support.