The FCC Wireless Bureau sought comment on two requests for waivers of FCC rules to permit certification and use of high-frequency radio buoys. The buoys have a transmitter and are used to gather navigational or scientific data, mark the location of equipment or for various other purposes, the bureau said Tuesday. Coastal Obs Tech Services sought a waiver on behalf of Datawell for the Waverider ocean buoy, the bureau said. The device relies on 29 MHz frequencies in the Part 90 Industrial/Business Pool, not normally allocated for such telemetry, it said. The second device is the Marine M2P radio buoy, used by high seas fishing operations “to facilitate safe and efficient gear recovery, and reduce navigational risk and ghost fishing,” the bureau said. It uses the 26 MHz band, otherwise set aside for ship-to-ship and ship-to-coast business and operational communications. The bureau said in a public notice it's seeking comment on both waiver requests. Comments are due Sept. 17, replies Oct. 2.

FirstNet, the first-responder network, should make improvements to its workforce and recruiting, participation at discretionary outreach events and in internal control, an audit from the Department of Commerce found. FirstNet faces hiring challenges and places significant responsibility on a few key individuals, which requires those staff members to perform the duties of two and sometimes three people, the audit said. FirstNet also needs to improve planning for discretionary outreach event participation, the audit found. From October 2013 to December 2014, FirstNet participated in 160 of these events. However, Commerce found that FirstNet could improve its approach to managing which events to attend to get the most efficient use of its limited resources. Lastly, the organization isn't consistently executing its established controls, the audit found. The department expressed concern in the audit that FirstNet is not consistently following procedures it established to provide and document adequate review.

“Sparks” flew during a Monday Technology Policy Institute conference session on emerging issues in unlicensed spectrum, said Richard Bennett, network engineer and visiting fellow at the American Enterprise Institute, in a blog post the next day. The breakout session on unlicensed spectrum was one of the few panels in Aspen, Colorado, that was off the record to media in attendance. Bennett abided by the Chatham House rules restrictions and didn’t name who on the panel said what. Panelists included Comcast Vice President David Don; David Goldman, Democratic chief counsel for the House Commerce Committee; T-Mobile Vice President Kathleen Ham; Google government relations counsel Staci Pies; Intel Associate General Counsel Peter Pitsch; and Gregory Rosston, deputy director of the Stanford Institute for Economic Policy Research. “It turns out the session was 95% about the potential conflict between Wi-Fi and LTE-U,” Bennett said. “The rhetoric on this issue has been ratcheted up so high that the session got off to a very slow start as we heard an awful lot of charges and rebuttals about the risk that some folks feel LTE-U poses to legacy Wi-Fi systems. … My number one takeaway is that the people who fear LTE-U aren’t very well-informed about how it works, and this is at least partially the fault of the vagueness of the LTE-U Forum’s specifications.” Bennett saw promising signs by the end of the panel: “At the end of the session, key players on both sides of the divide were talking to each other in a positive and constructive way, so we may just find some progress in the offing. Stay tuned.”

The Electronic Privacy Information Center filed a petition at the U.S. Supreme Court seeking review of Department of Homeland Security policy since Bay Area Rapid Transit officials shut down cellphone service during a peaceful protest in 2011 in San Francisco, EPIC said. A U.S. District Court judge in Washington initially ruled in EPIC’s favor, but DHS appealed the decision, saying releasing an unredacted version of the cellphone shutdown policy could “endanger many individuals’ lives or physical safety.” The U.S. Court of Appeals for the D.C. Circuit agreed and ruled in favor of the DHS, and EPIC appealed Aug. 11.

Nearly six in 10 smartphones sold to consumers in Q2 were 4G-enabled, GfK said Monday in a report. GfK said it forecasts 4G smartphone penetration to continue to grow at the expense of 3G, which is currently at 38 percent of smartphone units and forecast to decline by another percentage point by Q4. It cited “significant regional differences” in global 4G smartphone adoption, including “price polarization” in North America and saturation in Western European markets. “The underlying trend of consumers optimizing their digital consumption by screen size, within affordability constraints, continues in all regions,” it said. In North America, smartphone unit sales climbed 10 percent from the same quarter a year earlier in Q2, to 44.4 million, GfK said. Q2 sales of high-end smartphones in North America priced $500 and up and low-end devices priced under $250 grew at the expense of mid-ranged devices, it said. Smartphones in the high end captured 43 percent of smartphone unit share in Q2, up from 38 percent share in Q2 a year earlier. North America and China “were the only regions to see an increase in high-end smartphone unit share on a year-on-year basis,” it said. Globally, smartphone unit volume grew 5 percent in Q2 to 302.1 million from 288.3 million a year earlier, it said.

The FCC should require wireless carriers to report on network congestion problems as part of the agency’s revised Part 4 rules, Public Knowledge Senior Vice President Harold Feld said, reporting on a recent meeting at the agency. Wireless carriers oppose that requirement (see 1507170065). “It is important to recognize that although inability to access wireless networks is most notable in time of emergency, as observed by the NPRM, we have no way of knowing or confirming if these are the only times when significant numbers of wireless access calls are not completed, and whether these failures (if they exist) are isolated to specific wireless networks or are shared by all wireless networks,” Feld said. The filing was posted Monday in docket 15-80.

Mobile Future and the Competitive Carriers Association clashed over whether the FCC should rethink its 2011 data roaming declaratory ruling in light on the aftereffects on the market. Mobile Future fired first in a July letter to the FCC in docket 05-265. “Despite the Commission’s intention to promote investment, evidence suggests that some requesting carriers have used the data roaming rules to rely on host providers’ investment in networks, rather than deploying their own,” Mobile Future said: “In at least one case,” a competitive carrier "actually shut down an existing network in south-central Kansas and central Oklahoma in 2012, choosing to rely instead on roaming as a cost-cutting measure.” CCA President Steve Berry disagreed, telling the FCC: “The FCC should dismiss Mobile Future’s recent letter, which not only is incorrect, but also brings nothing new to the table on a decision the Bureau has already made. Mobile Future’s claims that guidance in the Declaratory Ruling will discourage investment have already been disproved by the large amount of investment the industry has made in wireless infrastructure building-out 4G LTE wireless networks.” Berry also said Mobile Future doesn't address the effect on consumers “who are most impacted by roaming prices.” Absent “reasonable roaming agreements, carriers will face higher roaming prices, and these higher prices will hit consumers where it hurts -- in the pocketbook,” he said. Verizon, meanwhile, fired back at Sprint, which filed a recent letter at the FCC challenging the commission's pursuit of revised data roaming rules. “These tired arguments are part of its campaign for artificially low roaming rates so it can avoid building out its own network as Verizon has,” Verizon said Monday in a filing. “The Commission should reject Sprint’s self-serving proposals and maintain its long-standing roaming policies that appropriately encourage carriers to expand and improve their wireless networks.”

AT&T said it would put in place what it calls its Mobile Share Value plans starting Saturday. Among the changes, AT&T subscribers get 15 GB of data per month for $100, up from 10 GB for the same price under the previous plan, AT&T said Friday.

Sprint representatives made their case for revised special access rules, in a meeting with FCC General Counsel Jonathan Sallet and others at the agency, said a filing posted Friday in docket 05-25. “We discussed the importance of the special access proceeding to wireless competition and the need to release the data the FCC has collected in a timely fashion,” Sprint said.

Roughly two-thirds of parents and 56 percent of students plan to do most back-to-school shopping at mass merchandisers, and 85 percent of respondents expect their back-to-school shopping to be in brick-and-mortar stores, said a Market Track survey done last week. Mobile shopping is showing continued growth with 27 percent of respondents having made back-to-school purchases on a mobile device, while 40 percent have or will use their devices to compare prices and hunt for discounts, the report said. The online survey canvassed 1,000 adult consumers responsible for back-to-school shopping for children.