Chairman Ajit Pai is likely to seek a vote on a proposal for a 10-year, $9 billion 5G Fund for Rural America at the March FCC meeting, industry officials said. The agency opened docket 20-32 on the fund Monday. A vote is possible at the Feb. 28 meeting, but industry officials said the March 31 meeting is more likely. Pai is expected to release a blog Thursday on the February meeting.
Communications sector officials and lobbyists see President Donald Trump’s mention in his Tuesday night State of the Union of prioritizing broadband access improvements (see 2002040070) as a net positive for policymaking efforts on and off Capitol Hill, but also likely having limited effect. Several believe it will draw further attention to existing work at the FCC, Department of Agriculture and Congress. They noted that probably won't change fundamental hurdles likely to prevent lawmakers from advancing an infrastructure funding legislative package before the Nov. 3 presidential election (see 2001240001).
The amount satellite operators would receive to exit the C band on an expedited basis appears to be in flux headed into FCC Chairman Ajit Pai’s big unveil Thursday of his proposal. Some at the FCC earlier appeared to take a hard line, suggesting a $5 billion incentive payment for all operators (see 2001290049). Pai may be willing to offer a higher amount but less than $10 billion.
A manufacturer of radiation reduction accessories published findings from an independent testing lab Tuesday, claiming the iPhone 11 Pro emits “more than twice the FCC’s legal safety limit for radio frequency (RF) radiation from a cellphone.” The test could be an indication other phones expose users to more radiation than legally allowed, it said.
The FCC got some industry support for new supply chain rules designed to protect U.S. networks. But groups representing rural carriers raised concerns, and Huawei said the proposals aren't legal. Commissioners approved rules 5-0 in November barring equipment from Chinese vendors Huawei and ZTE in networks funded by the USF, and sought comment on whether to expand the prohibition (see 1911220033). Commenters urged coordination, especially with the Department of Homeland Security, and regulatory humility. Comments were posted Monday and Tuesday in docket 18-89.
With the FCC later this week expected to reveal details of moving satellite operators off some of their spectrum to free it up for 5G (see 2002030061), several filings were posted Tuesday. Incumbents in that swath of airwaves, plus carriers and NAB, filed in docket 18-122. So, too, did Cox Communications (see 2002040026).
Concerns continue over new Rural Digital Opportunity Fund language in the order that was approved along party lines at Thursday's FCC meeting and could restrict support in areas that get state USF-like funding (see 2001300001). Stakeholders Tuesday were awaiting the order's release. "We are working to get it out as soon as possible," an FCC spokesperson emailed.
Questions remain whether the FCC will agree with NTIA that DOD should receive compensation under the Commercial Spectrum Enhancement Act (CSEA) for its costs to make changes needed for sharing in the 3.5 GHz citizens broadband radio service band. The FCC is part of a technical panel, with NTIA and OMB, that last year endorsed the costs. It hasn't issued a public notice required under the CSEA.
U.S. importers of Chinese goods inundated the Office of the U.S. Trade Representative with more than 2,800 List 4A tariff-exclusion requests in the 24 hours before the web portal went dark as scheduled at 11:59 p.m. EST Friday, showed our docket review. A huge backlog of List 3 exclusion requests awaits USTR disposition.
DOJ's contention the U.S. Court of Appeals for the Federal Circuit lacks jurisdiction under the Little Tucker Act to hear a case on Pacer usage fee legality found some receptivity among part of a three-judge Federal Circuit panel hearing oral argument Monday. Judges challenged plaintiff/appellant arguments Pacer fees can't be used to cover the costs of electronic records keeping. Plaintiff/appellant lawyer Deepak Gupta of Gupta Wessler told us a decision likely is months away.