Communications Litigation Today was a Warren News publication.

Pai Won't Release 12 GHz or 2.5 GHz Drafts

The FCC doesn’t plan to release drafts on the 12 GHz NPRM or the 2.5 GHz auction notice before next week’s commissioners’ meeting, a spokesperson confirmed. Chairman Ajit Pai circulated both (see 2101060061) for a vote at Wednesday’s meeting, as expected (see 2101050053). Pai also circulated a public notice announcing the first round of selections for the $100 million Connected Care pilot program. Not posting drafts is in keeping with past precedent for items not circulated by the chairman three weeks before the meeting. “Because the commission is in the sunshine period, parties are not permitted to communicate with FCC staff," said Michael Calabrese, director of the Wireless Future Program at New America. "So there is no point in encouraging attempts by making the draft public.” Lobbying focused on Commissioners Geoffrey Starks and Jessica Rosenworcel. Public Knowledge and the Open Technology Institute at New America endorsed the 12 GHz NPRM in a call with an aide to Starks, said a filing posted Wednesday in RM-11768. An "NPRM is most appropriate at this time because there has already been considerable comment in response to the [multichannel video and data distribution service] petition and because it is clear that the band is grossly underutilized, particularly in rural areas, and is a near-term candidate for the authorization of at least opportunistic and/or unlicensed access aimed at reducing the digital divide,” they said. Incompas CEO Chip Pickering told a Rosenworcel aide that member companies "potentially could use the 12 GHz Band to deploy broadband and offer competitive alternatives,” the group said. “Move forward with an NPRM to seek comment on ways in which new terrestrial broadband services can be introduced while also allowing existing services to continue to operate and evolve unimpeded,” Federated Wireless executives asked a Starks aide.