The Supreme Court didn’t offer a clear picture at oral argument for how it might rule in Oracle’s lawsuit against Google (see 2010070065), but remarks from justices were telling, observers told us. Potential outcomes include the high court remanding the case or a 4-4 split, which would be a victory for Oracle, they said. Stakeholders disagreed about what the justices’ comments meant for each side.
In what he said will likely be his final speech as a commissioner, Mike O’Rielly told a GSMA/CTIA conference FCC should focus on the 7 GHz and other bands in the months ahead and that some, if not all 7 Ghz, should be repurposed for 5G. Beyond making the 3.45-3.55 GHz band available for 5G, and potentially spectrum below 3.45, the next vein of spectrum to tap for 5G isn't clear and warrants a discussion, said AT&T Vice President-Federal Regulatory Hank Hultquist.
Supporters and opponents of the FCC's rescinded 2015 net neutrality rules will closely watch the results of the Nov. 3 election to see what course a push for a return to that regulatory regime will take in 2021. A win by Democratic presidential nominee Joe Biden and a switch to Democratic control of both chambers in Congress is believed to provide the best chance for returning to those rules and reclassifying broadband as a Communications Act Title II service, lawmakers and communications lobbyists told us. A President Donald Trump reelection would endanger efforts to bring back the old rules, they said.
Verizon is betting big on dynamic spectrum sharing technology, which allows 5G to run simultaneously with 4G on multiple spectrum bands, Chief Technology Officer Kyle Malady said at the GSMA/CTIA Thrive virtual conference Wednesday. Malady also stressed the importance of the new 5G iPhone.
The potential for the 5.9 GHz band to give Wi-Fi and auto safety a major boost as the pandemic continues has been proven, FCC Chairman Ajit Pai and other speakers said during a WifiForward virtual event Wednesday. The event came the same day the FCC posted its draft order, unveiled by Pai Tuesday (see 2010270065).
A proposal on changing FM booster rules to let radio stations geotarget content was circulated to the eighth floor, said FCC officials and a release from Commissioner Geoffrey Starks. The draft NPRM hews closely to an April petition from GeoBroadcast Solutions (see 2006040024) and doesn’t focus on an additional proposal from a group of broadcasters seeking to be allowed to originate content on FM translators, an FCC official told us. Starks has repeatedly praised the proposal and did so again Wednesday: “I am pleased to support this innovative proposal, which could offer a potential lifeline to small, women, and minority broadcasters that are struggling to retain their listening audiences and earn advertising revenue at a time when consumers have multiple options.”
Challengers of the C-band clearing order (see 2007220003) and a panel of federal judges discussed whether the FCC did enough by ensuring 200 remaining megahertz are enough for incumbent satellite operators' future needs, in oral argument Wednesday. With the FCC auction in December, there's a hope and expectation that the expedited argument will mean the U.S. Court of Appeals for the D.C. Circuit will rule by then, though the court hasn't signaled any specific timing, a lawyer involved in the legal challenge told us.
It’s encouraging that Facebook CEO Mark Zuckerberg endorsed the concept of “more specific rules” in Communications Decency Act Section 230, Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us after Wednesday’s hearing. “We may be getting somewhere,” he said, though he noted it wasn’t an endorsement of the Republican bill pushing the concept (see 2009220064).
The FCC released its draft order Wednesday reallocating the 5.9 GHz band to sharing with Wi-Fi and cellular vehicle-to-everything, with no set-aside dedicated to short-range communications (DSRC). Other items were also posted. The order is considered a win for wireless ISPs and Wi-Fi advocates. ITS America said it will fight. The Department of Transportation is reviewing the order, a spokesperson said.
It’s inequitable for regions with similar privacy values, like the U.S. and EU, to “point fingers” about upholding privacy rights, FTC Commissioner Noah Phillips said Tuesday on effects of the Schrems II decision (see 2009250071). Policymakers should recognize shared privacy values while drawing the line against countries that don’t respect privacy, he told a U.S. Chamber of Commerce event. “We have so much more in common with Europe than that which separates us, and I think that needs to be a critical part of the conversation.” Countries with data localization standards ought to be the “barriers to trade” that allies focus on, he said.