Berkeley may mandate RF disclosures just like the FCC, the California city said Monday at the Supreme Court in case 17-976. Berkeley opposed CTIA’s petition for high court review of the mandate that retailers inform prospective cellphone buyers that carrying their devices in certain ways can cause exposure to radiation exceeding federal limits (see 1802270045). The city may compel truthful disclosure in commercial speech because it’s reasonably related to the FCC’s interest, it said. “Berkeley’s interest in mandating this disclosure is precisely the same as the FCC’s: to give its residents the facts they would need to avoid exceeding the federal RF exposure limits -- if they so choose,” wrote the city’s attorney, Lawrence Lessig. “The ordinance is supremely ordinary. … Like nutrition and ingredient labels, drug side-effect and interaction disclosures, or elevator safety warnings, Berkeley’s ordinance gives consumers information that consumers could reasonably want to know.” The court shouldn’t hear the case because there’s “no split among the circuits upon any issue material to the disposition,” Lessig said. “The radical change in law that Petitioner advocates would impose substantial burdens on federal, state and local regulators while serving no genuine First Amendment interests.” Review is premature because the 9th U.S. Circuit Court of Appeals is reviewing en banc a similar case about soda health effects, American Beverage Association v. San Francisco, he said.

The National Academy of Sciences’ Committee on Radio Frequencies (CORF) and the National Radio Astronomy Observatory (NRAO) raised warnings about protecting radio astronomy, as the FCC examines spectrum horizons -- bands above 95 GHz. The two filed early. The FCC said in a Monday Federal Register notice comments are due May 2, replies May 17 in docket 18-21. “As the Commission has also long recognized, radio astronomy is a vitally important tool,” CORF said. It said radio astronomy is particularly sensitive to interference. “The emissions that radio astronomers receive are extremely weak -- a radio telescope receives less than 1 percent of one-billionth of one-billionth of a watt (10-20 W) from a typical cosmic object,” CORF said: When creating rules to protect key passive scientific observation in these bands, “attention must be paid not just to the impact of frequency on attenuation, but also to the altitude of the observatory ... and to the impact of atmospheric water vapor in the best of conditions.” NRAO expressed similar concerns. “Compatibility with radio astronomy operations above 95 GHz requires that local conditions be taken into account, not merely assuming the standard atmosphere,” the group said. In February, commissioners approved 5-0 an NPRM examining spectrum above 95 GHz for new services and technologies (see 1802220048).

The FCC approved a waiver for Wireless Partners to take part in the Mobility Fund II challenge process. The company provides wholesale 4G LTE wireless voice and broadband services in unserved and underserved areas, but doesn’t qualify to participate in challenges, the bureau said. “Wireless Partners states that it is neither a governmental entity nor a service provider required to file Form 477 data with the Commission and, thus, has no right to participate as a challenger,” the bureau said in a Friday order. “However, Wireless Partners contends that it qualifies for a rule waiver because it has a bona fide interest in the MF-II challenge process and a plausible ability to submit a valid challenge.” The firm showed its interest in the MF-II challenge process “by participating in the associated rulemaking proceeding,” the bureau said. “Wireless Partners also has plausible ability to submit the data necessary to support a valid challenge.”

The FCC Enforcement Bureau proposed a penalty of $22,000 against Full Spectrum, for “apparently willfully and repeatedly causing harmful interference to over 200 Verizon Wireless base stations” in San Jose, California. The notice of apparent liability also alleges the company is operating radio transmission equipment without a license on frequencies 785-790 MHz and operating RF equipment without an FCC equipment authorization. “We take this enforcement action because unlicensed radio operations impede the Commission’s responsibility to manage radio spectrum and because the unlicensed radio operations and unauthorized radio frequency equipment can cause harmful interference to licensed radio communications,” the bureau said. Full Spectrum didn’t comment.

The FCC Enforcement Bureau signed a consent decree ending its investigation of whether Anthem Displays marketed LED signs used in digital billboards without equipment authorization, labeling, and disclosures. The rules are intended to ensure that RF devices sold in the U.S. don’t interfere with authorized communications “thereby maintaining network integrity and security and protecting consumers,” the bureau said Friday. “To settle this matter, Anthem admits that it marketed LED signs without the required equipment authorization, labeling, and user manual disclosures, will implement a compliance plan, and will pay an $18,000 civil penalty.” Anthem didn’t comment.

The FCC Wireless Bureau extended until June 30 a temporary waiver of parts of FCC Radio Technical Commission for Maritime Services rules for Ocean Signal's rescueME MOB1 maritime survivor locating device. The waiver, granted in January (see 1801170027), was to expire Friday. The devices are “intended for use by persons at risk of falling into the water such as mariners and workers on marine installations or docks, or by divers returning to the surface out of sight of their dive boats” but who don’t meet the technical requirements for emergency position-indicating radio beacons, the bureau said.

The FCC Wireless Bureau sought comment on a waiver proposal by AT&T to modify the buildout requirements for a lower 700 MHz B-block license covering the Bethel, Alaska, market. The license is subject to an interim deadline that required AT&T to provide coverage to 35 percent of the geographic area of the license by Dec. 13, 2016, with a final deadline requiring coverage of 70 percent by June 13, 2019, the bureau said. “AT&T requests the Commission waive the geographic-based benchmarks in favor of AT&T covering 75 percent of the license’s population by December 13, 2016, 80 percent of the population by June 13, 2019, and 85 percent of the population by June 13, 2020.” Comments are due April 30, replies May 15, in docket 18-67.

The Consumer Product Safety Commission seeks comments by June 15 in docket CPSC-2018-0007 on the “potential safety issues and hazards associated with” IoT consumer products, it said Tuesday in a notice in the Federal Register. CPSC also plans a May 16 public hearing at its Bethesda, Maryland, headquarters, the results of which “will be used to inform future Commission risk management work,” it said. Requests to make oral presentations at the hearing are due May 2, it said. The connectivity of IoT products “holds the promise of many benefits for consumers,” but also is “a potential for harm” or hazard “where none existed before” the internet connection was established, it said. It worries, for example, that “a cooktop that might be remotely controlled could start a fire,” it said: “We do not consider personal data security and privacy issues that may be related to IoT devices to be consumer product hazards that CPSC would address.”

APCO said it remains concerned about an FCC proposal to open the 5.925-6.425 and 6.425-7.125 GHz bands to unlicensed and new fixed/mobile uses. The band was one of those on which the FCC sought comment last summer in its mid-band spectrum notice of inquiry (see 1708030052). “The GHz band is heavily used and relied upon for fixed point-to-point microwave links essential to public safety services, including backhaul for mission critical land mobile radio systems that support dispatch and tactical communications,” APCO said in a filing in docket 17-183. “Furthermore, public safety has no other viable spectrum options to support these essential services. To avoid negatively impacting public safety communications, the Commission should consider bands other than 6 GHz to achieve its flexible spectrum use goals.” APCO raised particular concerns about a report by RKF Engineering Solutions, filed by tech companies in January, which said the band can be opened without harmful interference to incumbents (see 1801260043). Nokia also disputed the RKF analysis. "Such flawed analysis should not be used as the basis for analyzing potential coexistence of unlicensed mobile operations with the Fixed Service in the 6 GHz band," Nokia told the FCC.

Ericsson said the FCC should release an NPRM soon on the future use of the 3.7-4.2 GHz band. An NPRM is widely seen as likely this summer or earlier (see 1803020042). Ericsson said the FCC shouldn’t wait. “This band is of vital importance in fulfilling the goal of ensuring that adequate low-, mid-, and high-band spectrum is available for licensed, mobile terrestrial uses with a focus on 5G,” the company said in a filing in docket 17-183. “An extensive record that began with the publication of the Notice of Inquiry continues to develop, demonstrating interest in this band.” Last summer, the Broadband Access Coalition (BAC) asked the agency to allow fixed wireless use of the band (see 1708080050). A rival plan by Intel and others supports licensed use of the 3.7-4.2 GHz band and unlicensed use of the 6 GHz band. Intel also proposed a plan with Intelsat for clearing the 3.7 GHz band (see 1710020047). “Because the issues have coalesced around a few central themes, Ericsson urges the Commission to move forward with an NPRM to seek more granular comment on critical matters,” Ericsson said. “We ask that the upcoming NPRM state anticipated clearing targets in order to provide some certainty and also guide the discussion on the various approaches to making the spectrum available.” Meanwhile, representatives of BAC and Google said they met with FCC staff on the importance of moving forward on the band.