Howard Buskirk

The FCC and the U.S. government on Wednesday asked the 5th U.S. Circuit Appeals Court to hold in abeyance a challenge of the agency's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040), pending a U.S. Supreme Court decision in another case. That SCOTUS case, U.S. Nuclear Regulatory Commission v. Texas, examines whether the Hobbs Act permits a “party aggrieved” by an agency’s “final order” to seek review in a federal court of appeals and “allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority.” The appeal is of another case by the 5th Circuit. Maurine and Matthew Molak, concerned about unsupervised access of students to social media, brought the school bus case. Their son died by suicide at 16 after he was cyberbullied. The FCC disputed whether the Molaks had legal standing to appeal the order because they didn't participate in the FCC proceeding (see 2406040024). “The Supreme Court’s decision” in the NRC case “may invalidate petitioners’ sole basis for asserting that this Court can review their petition, and require this Court to grant respondents’ pending motion to dismiss,” the FCC said in the Wednesday filing: “To avoid a potentially needless expenditure of judicial and litigation resources, this Court should grant the requested abeyance.” The FCC noted the Molaks' argument that they had standing was predicated on the 5th Circuit’s holding in the case before SCOTUS: Should the high court conclude "that the Hobbs Act does not allow nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority, petitioners will have no basis for seeking judicial review under the Hobbs Act, and this Court must grant the Commission’s pending motion to dismiss.” Oral argument in the school bus case is scheduled for Nov. 4 (see 2409260046). The Molaks, meanwhile, asked the FCC not to include Wi-Fi gear for off-premise or school bus use in its FY 2025 list of eligible services under the E-rate program. “Subsidizing off-premises use of Wi-Fi hotspots means facilitating unsupervised social media access by children and teenagers, which means enabling the very sort of destructive behavior that we all should strive to prevent,” said a filing posted Wednesday in docket 13-184.

T-Mobile sees limited potential for dynamic spectrum sharing (DSS) in carrier networks, Egil Gronstad, senior director-technology development and strategy, said Tuesday. During an Ookla webinar, Gronstad said T-Mobile views its early move to launch a 5G stand-alone (SA) network as critical. It examined DSS and found the efficiency is “pretty bad,” he said. DSS has been “hyped a lot … and we also had high hopes for it.” T-Mobile decided “very early on” that it wanted to make a “quick pivot to SA.” He added, “We drove the chipset and ecosystem very hard from the very beginning to support SA.” Almost all the devices on T-Mobile’s network are SA-capable. That has allowed the carrier to “quickly refarm spectrum from LTE to 5G." Gronstad thought T-Mobile’s major competitors would have done more to move to SA by now. T-Mobile has also worked hard on voice-over new radio (NR), which is voice on a 5G network. “Voice-over NR was a fairly large undertaking -- almost as large as voice-over LTE back in the day.” Vendors tell T-Mobile “just a handful” of operators are moving to voice-over NR globally “and we are five years into the 5G journey,” Gronstad said. “There is a lot more to be done still.” T-Mobile considers high-band spectrum for 5G a “failure.” The carrier didn’t fall “for this millimeter-wave trap,” which was “mostly set up by academia.” Verizon “took the bait and banked on millimeter-wave.” Gronstad also underscored the importance of handset makers enabling the use of new technology in their phones. The pro versions of Apple’s new iPhone 16 support power class 1.5 and uplink multiple-input and multiple-output, “which was music to my ears,” he said. “We have been working so hard to try to get the flagship handset vendors to support this.” Those additions will improve coverage capacity and throughput, he said.

CTIA President Meredith Baker warned Tuesday that the U.S. will fall behind other countries unless Congress restores FCC auction authority, in remarks to the Mobile World Congress in Las Vegas. Baker quoted Paul Milgram, the economist whose work led to the first spectrum auction. The loss of auction authority is “nuts,” she said. The agency’s auction authority lapsed in March 2023 (see 2303100084).

The U.S. Supreme Court will take up early in its new term whether reimbursement requests submitted to the Universal Service Administrative Co.-administered E-rate program are “claims” under the False Claims Act (FCA). On Nov. 4, justices will hear Wisconsin Bell v. U.S., a case from the 7th U.S. Circuit Appeals Court (see 2405220039).

The Heritage Foundation argued the FCC should abandon rules that let schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. Its position was made in comments on a Further NPRM. Commissioners approved the FNPRM 3-2 in July (see 2407180024). Other commenters supported the order, urging tweaks that could make the program more effective. Comments were due Friday, with most posted Monday in docket 21-31.

FCC Chairwoman Jessica Rosenworcel circulated on Friday for a commissioner vote rules that would expand parts of the 6 GHz band where new very-low power (VLP) devices can operate without coordination, beyond the initial 850 MHz commissioners approved last year (see 2310190054). When the FCC took comment earlier this year, Wi-Fi advocates and 6 GHz incumbents disagreed sharply on whether to expand VLP use of the band (see 2404290035).

Before the launch of early 5G networks, the consensus was that business-to-business (B2B) communications would be a “big opportunity,” Pablo Iacopino, GSMA Intelligence head-research and commercial content, said during a Mobile World Live webcast on Friday. For consumers, 5G adoption has been “very, very fast” compared to the roll-out of 3G and 4G, he said. When carriers think about providing business customers with 5G, they consider connectivity a first step only, he said. “Really, the incremental value comes from services beyond connectivity,” including cloud and edge services and serving IoT networks, he said. Based on a GSMA survey, businesses say they are willing to spend about 9% of their revenue on average globally on digital transformation, he said. That’s “a big number, and it means there are opportunities for many players to catch a piece of this 9%,” he said: “Enterprises are willing to spend on 5G in order to drive digital transformation.” Different businesses have varying needs and providers must “customize” what they offer. After a slow start, there’s growing momentum behind 5G standalone, “which is the real 5G.” In most places, said David Markland, chief product officer at Inseego, 5G began on 4G core networks, “reusing 4G spectrum with a little bit of efficiency gain, and then it built from there, having more and more spectrum.” Inseego provides wireless gear. A lot of people had a 5G icon on their phones years ago but weren’t seeing changes over 4G, and “personal experience, some days it was worse,” Markland said. That has changed as major carriers deploy “a lot more spectrum” on their networks. “We have 10 times more bandwidth now than … back in the 4G era.”

DC BLOX sees a business model for building regional data centers in places like Greenville, South Carolina, Chattanooga, Tennessee, and Birmingham, Alabama, Alan Poole, general counsel of the Atlanta-based company, said during an Incompas webinar Thursday. As connected devices became more powerful, tech companies realized they needed to move data centers and computing power closer to users, Poole said in a conversation with Incompas CEO Chip Pickering during the session. COVID-19 spurred tech growth, Poole said: “The investment in digital infrastructure around that time to help meet the pace of demand was wild, awe-inspiring, and we’re still going through that,” he said. A key element DC BLOX considers is how welcoming a city will be to investment, as data centers require access to land and electricity. The company also examines potential tax incentives to build. Policymakers must ask what they’ll do if one developer takes all the available power, which is “happening all over the country,” Poole said. One center can require up to one gigawatt of power, which is "eye-popping.” Accordingly, the ability of data centers to generate power onsite, including “green” energy, will become increasingly important, he said. Communities should decide whether they want to compete “because there are many [competing] markets” and they are offering tax and other incentives. “At least at DC BLOX we’re doing everything we reasonably can to head off community concerns as soon as possible, because it makes more sense financially.” The availability of large enough fiber pipelines to handle growing demands is also a concern. “Is there enough fiber on all these routes?” Poole asked. “It was assumed, until very recently, that we were never going to need materially bigger conduits and that has proven absolutely untrue.” Some markets getting high-speed internet for the first time don’t have a nearby internet exchange point yet, allowing ISPs to exchange data with other networks: “That’s where the true internet compute happens and if you’re not close to one of those exchanges, you have problems with things like latency that might make real-time videoconferencing … unworkable.” Pickering said he loves the focus on “Tier 2” markets. “Those are great emerging hubs” and data centers “are a critical component and a critical piece of the infrastructure to make those hubs grow, succeed, prosper.” As communications technology rapidly evolves, “electricity is still kind of in the old world,” Pickering said. As the U.S. competes with China, “electricity and energy really is the supply-chain critical component.”

Fixed wireless access isn’t beating fiber, the Fiber Broadband Association told the FCC in a new filing, responding to a recent CTIA report (see 2409230020). Meanwhile, during a webinar iconectiv released Thursday, speakers said all signs indicate the FWA market is taking off, with continued growth likely.

U.S. ISPs face a bigger cybersecurity threat today because nations representing that threat work together like never before, Wilkinson Barker’s Clete Johnson said Wednesday. Other experts said cybersecurity plans are rightly a requirement of receiving funding under the $42.5 billion broadband equity, access and deployment (BEAD) program.