The FCC’s small cells order (Declaratory Ruling and Third Report and Order, WT Dk. No. 17-79 and WC Dk. No 17-84, released September 27, 2018) is a big win for the wireless industry. The FCC largely adopted the industry’s vision that deployment of 5G technology will require hundreds of thousands of so-called “small cell” sites
Trinko Doesn’t Mean That Any More
The 2004 U.S. Supreme Court decision in Trinko is generally understood to mean that an incumbent local exchange company is not obligated under the antitrust laws to open its network to a competitor.[1] In the context of recent FCC decisions, it is noteworthy that Justice Scalia’s opinion in Trinko was grounded on the fact
FCC Issues 900 MHz Licensing Freeze
Earlier this month, the FCC’s Wireless Telecommunications Bureau implemented a temporary freeze on applications for new and modified authority for Land Mobile systems operating in the 896-901/935-940 MHz band. The freeze was effective as of September 13, 2018.
The freeze stems from a Notice of Inquiry (NOI) issued by the FCC in 2017, seeking input
FCC DRAFT Small Cell Order
The FCC last week released a DRAFT order, scheduled for a vote at its September 26 meeting, designed to dictate the process and fees that state and local governments must apply to small cell wireless antenna installations on government-owned poles and similar facilities, and on newly-constructed poles the wireless carriers want to install in state
FCC Fines Private Licensee More Than $500k For Transactional Violations
Late last month, Marriott International, Inc. entered into a Consent Decree with the FCC to resolve a violation of Section 310(d) of the Communications Act.
Background. In September 2016, Marriott acquired StarwoodHotels and Resorts Worldwide Inc. The parties closed the transaction without obtaining the Commission’s prior consent to transfer control of 65 wireless
CAF II Auction Closes
The FCC’s Connect America Fund Phase II Auction concluded last week. The auction allocated nearly $1.5 billion in federal funding over the next decade to support broadband deployments in unserved areas of 45 different states. This aggregate amount was almost $50M per year ($500M for ten years) short of the available CAF II funds.
FCC to C-Band Satellites: File to Protect Existing Operations
The FCC has established deadlines for Fixed Satellite Service earth station licensees to certify the accuracy of all information on their current earth station license and provide the agency with additional details about existing operations. Earlier this year, the Commission sought comment on the feasibility of allowing commercial wireless services to use or share use
FCC Seeking Comment on 3.5 GHz Band Rule Changes
On August 10, 208, the FCC’s Office of Engineering and Technology released a Public Notice seeking comment on the rule changes resulting its 2015 rule-making regarding the 3.5 GHz band. It’s unusual for the Commission to seek comment on rule changes that were adopted several years ago when it is not reconsidering those rules. In
FCC Adopts One-Touch Make-Ready Policy for Pole Attachments
On Friday, August 3, the FCC released its order adopting a One-Touch Make-Ready (OTMR) policy for attaching telecom and cable facilities to utility poles in the 30 states that don’t regulate pole attachments themselves. The FCC stated that it believes its action should help enable deployment of small cells and wireline backhaul for 5G services.
Revisiting 911 Network Reliability
In December 2013, the FCC adopted rules to improve 911 network reliability. The rules require Covered 911 Service Providers (“Providers”) to take certain measures to provide reliable 911 service. The specific measures adopted by the agency attempt to address three network vulnerabilities identified by the FCC in the aftermath of the derecho storm that knocked