The Peer-to-Peer (P2P) Alliance asked the FCC to clarify that P2P text messages to mobile phones are not subject to the restrictions in the Telephone Consumer Protection Act. P2P text messaging “is a relatively new communications technology that allows organizations to communicate with their students, employees, supporters, and customers through individual, personalized text messages,” the group said in a petition in docket 02-278. “Universities, nonprofits, and businesses use P2P text messaging to communicate with individuals with whom they already have a relationship. Political campaigns, political committees, and their supporters use P2P texting to share information with voters, activists, and donors.” But because of its nature, P2P can’t be sent by an autodialer, the group said. “Each and every message transmitted using a P2P platform must be individually sent from a single sender to a single recipient; P2P texting does not allow the simultaneous or sequential transmittal of messages to a list of recipients,” the filing said. “Rather, sending a message through a P2P platform requires a person to manually send each individual message to each individual recipient.”

Next-generation 5G service "is coming sooner than people thought" five years ago, when it was expected in 2021-2022, said John Godfrey, Samsung senior vice president on a panel at the FCBA retreat in Williamsburg, Va., Friday. Fixed 5G services are coming this year and mobile service in 2019-2020, he said. Verizon Vice President Melissa Tye said her company announced fixed service for Sacramento and plans to deploy in 4-5 more cities this year, with mobile service targeted to begin in 2019, though she said it's hard to say when will be ubiquitous. Godfrey and Wiley Rein attorney Anna Gomez said 5G promises higher speeds and capacity and lower latency. Asked about upcoming FCC 28 GHz and 24 GHz auctions, Godfrey said, "It's all about capacity," noting there's 800 MHz being made available in the 28 GHz band. The two bands "are going to be the workhorse of 5G for carrying heavy loads," he said. Tye said Verizon is currently focused on securing more spectrum in the 2.5-6 GHz mid-band, "the sweet spot" of good propagation and bandwidth. Gomez said densified small-cell networks needed local actions on zoning, permits and rights of way. Godfrey praised the FCC's streamlining of environmental and historical reviews for small-cell base stations, but added, "there's still a lot more to be done to speed up the approval process," and cities don't have to wait for the FCC to tell them what to do. Gomez said the FCC tried to have broad stakeholder representation on its Broadband Deployment Advisory Committee, but it's difficult because localities are feeling under attack. Audience member Best Best attorney Gerry Lederer asked when the FCBA will invite local governments to participate in the conversation, saying he was disappointed in the organization. Moderator Megan Stull, a Google counsel, said FCBA was open to local government participation and wants to work with localities. Asked about IoT, Godfrey said it will be the internet's connection to the physical world, which started on mainframes and then moved to personal computers and mobile devices: "It will be available everywhere on everything." The IoT needs ubiquitous, highly dense networks to connect things, which 5G will help provide, he said, calling it a "rocket fuel" for all sorts of services and applications that "you can't imagine." Panelists agreed privacy and cybersecurity will be major challenges in a 5G, IoT world.

T-Mobile promised to disrupt the pay-TV industry, but "there simply isn't any room for disruption left" for the wireless company under programming license constraints it will face, nScreenMedia analyst Colin Dixon blogged Wednesday. Dixon said the video service the carrier plans to launch later this year based on Layer3 TV will put it in direct competition with other virtual MVPDs, and that competition will be a constraint. He said Layer3 TV in Los Angeles starts at $75 a month, far more expensive than other virtuals, and its 275-channel bundle likely means restrictions on how Layer3 can put together its programming bundles. Dixon said other virtual MVPDs are likely losing money on every subscription, so T-Mobile is facing even bigger losses. He said that makes it likely the company will follow AT&T's virtual MVPD lead with a service omitting sports and major broadcast channels. T-Mobile didn't comment Thursday. It announced plans to buy Sprint (see 1804300055).

The FCC Wireless Bureau approved a waiver letting the Kansas Farm Bureau participate as a challenger in the Mobility Fund II challenge process. “KFB asserts it has a bona fide interest in the challenge process because the promotion of reliable 4G LTE service throughout the state of Kansas is part of its mission as a not-for-profit advocacy organization,” the bureau said. “The organization claims the promotion of reliable 4G LTE service around the state of Kansas is crucial to its 106,000 member families in all 105 counties of the state but especially the approximately 36,000 that participate in farming and ranching.”

The FCC Enforcement Bureau signed a consent decree with Optec Displays ending an FCC investigation into alleged RF violations by the company, which markets LED signs used in digital billboards and other commercial and industrial applications. The FCC determined Opetc was doing so without required equipment authorization, labeling and user manual disclosures in violation of the commission’s rules. Optec admitted violating the rules and agreed to implement a compliance plan and pay a $54,000 civil penalty. “These rules ensure that radio-frequency devices marketed in the United States do not interfere with authorized communications, thereby maintaining network integrity and security and protecting consumers,” said order. The bureau also signed a consent decree with Tradenet Enterprise, alleged to have done similar and agreeing to implement a compliance plan and pay a $15,000 civil penalty.

The 5G wireless transition should help more Americans get connected and create more competition, said outgoing FCC Commissioner Mignon Clyburn. She urged applying lessons from past cellular transitions to 5G. "We can strive to get things right from the very beginning" said Wednesday's prepared remarks to the National Energy Marketers Association. "While 5G is absolutely critical when it comes to innovative new technologies and networks, such as the 'Internet of Things' and 'smarter' cities, as well as technology that will help unleash the next wave of smart grid features and efficiency, leaving behind those areas that are rural or have low net worth would be a tragic error." The "benefits must be ubiquitous if we are to collectively benefit. As we auction spectrum, and facilitate infrastructure builds for this purpose, why not seize the opportunity to leap frog the status quo when it comes to competition and deployment?" she said. "Too many in our communities are still waiting for a 3G or 4G future." The FCC and industry should make policy and investment decisions "that quickly bring these communities up to speed," she said. "What if the Commission were to auction off 5G spectrum in a way that promotes more robust competition and incentivizes new competitors in markets across the country?"

Clarification: Aviat Networks’ letter to the FCC, showing about 180 entities endorsing its warning not to allow unlicensed users on 6 GHz spectrum (see 1804260044), only meant that individuals from those public and private organizations signed on, the company clarified. Chevron, one company listed that returned our request for comment, said it only endorsed the filing through a member vote in the American Petroleum Institute Telecommunications Subcommittee.

The FCC Public Safety Bureau extended by one week the deadline for replies to a notice of inquiry on location-based routing for wireless 911 calls. In a Wednesday order in docket 18-64, the bureau granted the joint request by emergency-number officials and providers (see 1804230034). The new deadline is June 28.

The Rural Wireless Association is encouraged by an FCC reconsideration order on procedures for a Mobility Fund Phase II challenge process. The Monday order of the Rural Broadband Auctions Task Force and the Wireline and Wireless bureaus increased the maximum distance between speed test measurements to 800 meters and an associated buffer radius to 400 meters. "[W]hile the grid cell size remains the same, lengthening the buffer radius will lessen the amount of hours required to launch a challenge," said RWA General Counsel Carri Bennet of Womble Bond in a release. "As it stood prior to the FCC reconsidering its choice of a ¼ kilometer buffer, RWA members were looking at 50 or more hours a day for the entire 150-day challenge window just to take the necessary measurements.”

DOD said Wednesday it’s barring stores on U.S. military bases from selling phones made by Chinese companies Huawei and ZTE, citing ongoing national security concerns about Chinese telecom equipment manufacturers. The White House and National Security Council meanwhile didn’t comment on a report that President Donald Trump’s administration is considering an executive order that would further restrict some Chinese telecom equipment manufacturers’ ability to sell their products in the U.S. Huawei and ZTE devices “may pose an unacceptable risk to [the department's] personnel, information and mission," a Pentagon spokesman said in an email. "In light of this information, it was not prudent for the Department's exchanges to continue selling them to DoD personnel.” Defense can’t dictate that troops won't buy Huawei or ZTE phones from other stores but they “should be mindful of the security risks posed by the use” of the devices, the spokesman said. The House Intelligence Committee warned beginning in 2012 about the companies’ ties to the Chinese government. The committee’s 2012 report recommended the U.S. “view with suspicion” attempts by the companies to continue making inroads into the U.S. market (see 1210100053 or 1210100091). The White House's pending executive order could bar companies doing business with the federal government from using network or telecom equipment made by companies the U.S. deems a national security risk, The Wall Street Journal reported. "While we have no comment on individual actions, protecting critical infrastructure, including the supply chains associated with such infrastructure, is a critical part of protecting America’s national security and public safety," a White House spokeswoman emailed. Communications industry lawyers previously told us they anticipated executive actions from the White House on national security issues involving Chinese telecom equipment manufacturers and to address pressure for modifications of the "Team Telecom" reviews of foreign takeovers of U.S. communications assets (see 1804250045). The FCC approved 5-0 last month an NPRM that proposes to bar use of money in any USF program to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain (see 1804170038). FCC Chairman Ajit Pai initiated the NPRM amid pressure from Hill lawmakers about reports Huawei was set to begin selling its consumer products in the U.S. as soon as this year “with little or no modifications" to address privacy and cybersecurity concerns (see 1803230063). Huawei meets “the highest standards of security, privacy and engineering in every country,” including the U.S., the company said in a statement. “We remain committed to openness and transparency in everything we do and want to be clear that no government has ever asked us to compromise the security or integrity of any of our networks or devices.” ZTE didn’t comment.