Communications Litigation Today was a Warren News publication.
High-Tech Win

Rosenworcel Proposes Expansion of VLP Bands and LOC Changes

The FCC released on Wednesday text of three items scheduled for a vote at the commissioners’ Dec. 11 open meeting, including rules that would allow new very-low-power (VLP) devices to operate without coordination across the 6 GHz band (see 2411190068). The FCC will also consider changing USF letter of credit (LOC) rules and updating several broadcast radio and TV rules.

“We adopt rules to permit VLP devices to operate across the U-NII-6 and U-NII-8 portions of the 6 GHz band at the same power levels we adopted for VLP operations in the U-NII-5 and U-NII-7 bands,” the draft 6 GHz order said: “This will expand the spectrum available for VLP devices to 1200 megahertz, thereby permitting the use of up to seven 160--megahertz channels or three 320-megahertz channels.”

VLP devices would support “cutting-edge applications, such as augmented and virtual reality and body-worn technologies, that will help businesses, enhance learning opportunities, advance healthcare opportunities, and bring new entertainment experiences,” the draft said.

It dissects concerns NAB and others raised about potential interference. NAB noted issues with electronic newsgathering (ENG) and related operations. The draft looks at the likely effect on ENG central receive sites, portable cameras transmitting to an outdoor ENG truck receiver, and portable cameras transmitting to indoor receive sites.

The draft said the agency considered studies from Apple, Broadcom and Meta and NAB on the likely effects (see 2302240035) and found no reason not to move forward. The FCC “remains committed to resolving harmful incidents in the unlikely possibility that they occur,” it said.

The FCC also rejected NAB’s request for a 55 MHz carve-out at the top of the U-NII-8 band for ENG: “NAB has made similar requests previously in this proceeding, and in both instances the Commission chose not to adopt NAB’s suggestion. In this case, NAB repeats prior concerns without providing any new information that addresses any changes in operational parameters.”

The draft also would reject concerns that SiriusXM Radio raised (see 2411060002) about potential interference and declined to “restrict the frequencies that may be used by VLP devices in the U-NII-7 band to protect radio astronomy operations,” as sought by the National Academy of Sciences’ Committee on Radio Frequencies (see 2403270055).

LOC

A second draft order would amend the commission's LOC rules for providers receiving high-cost USF support. It would also amend LOC rules for Connect America Fund Phase II and Rural Digital Opportunity Fund recipients. Several telecom and banking groups sought flexibility in LOC rules, citing overwhelming support across industries for the FCC to expand the number of banks eligible to issue LOCs (see 2408200021). If adopted, U.S. banks issuing LOCs must be "well capitalized according to definitions promulgated by the federal agencies that supervise banks." RDOF recipients would also be allowed to reduce the value of their LOC to one year of support if they deploy service to at least 10% of their required locations by the end of their second year of support.

The FCC will also vote on a draft NPRM seeking comment on a host of ministerial changes to broadcast rules, couched as a continuation of a September 2023 order (see 2209290017) that updated the rules to reflect the digital transition. The 2023 order was approved unanimously. The NPRM announced Wednesday would seek comment on eliminating outdated references in the rules, such as mentions of the defunct consolidated database system (CDBS). The NPRM would also seek comment on harmonizing processing procedures across FM services, decreasing restrictions on who can sign FCC paperwork on an entity’s behalf, and revising the informal objection requirements to require service of pleadings.

“Such action ensures that the Commission’s rules are accurate, reducing potential confusion among the public, applicants, licensees, and practitioners, and alleviating unnecessary burdens,” said a fact sheet with the draft item. The FCC’s past proceedings involving changes to filing procedures and updating rule language have drawn little ex parte attention and are widely seen as uncontroversial. Comments on the NPRM would be filed in docket 24-626, the draft item said.