Telecom Alert: Very Low Power Devices in 6 GHz Band; BIAS Reclassification Proposal; $867k Fine for 911 Violations; 70/80/90 GHz Band Record Update; $53.4 Million in ECF Funding [Vol. XX, Issue 43]

FCC Permits Very Low Power Devices in 6 GHz Band

The FCC announced rules to allow very low power devices to operate in the U-NII-5 and U-NII-7 portions of the 6 GHz band, which accounts for 850 megahertz of spectrum.  The rules are designed to help develop the next generation of Wi-Fi operations by providing cutting-edge technologies like augmented reality and other Internet of Things devices access to unlicensed spectrum.  Devices that operate at very low power across short distances with high connection speeds are still subject to other technical and operational requirements to protect incumbent licensed services in the 6 GHz band.  For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178).

FCC Votes to Propose Reclassification of BIAS Under Title II

The FCC Commissioners voted 3-2 to propose reestablishing Commission authority over broadband Internet access service (“BIAS”) and mobile BIAS by reclassifying them as a telecommunications service and a commercial wireless service, respectively, under Title II of the Communications Act.  The adopted NPRM proposes implementing net neutrality rules that prohibit paid prioritization, blocking content, and throttling subscriber speeds.  The rules would also prohibit unreasonable interference or disadvantage to consumers and edge providers.  The FCC believes Title II regulation is necessary to address issues related to net neutrality, public safety, cybersecurity, competition and privacy. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193) or Casey Lide (lide@khlaw.com; 202.434.4186).

$867K Fine for 911 Violations

The FCC issued a Notice of Apparent Liability to Lumen Technologies, Inc. (“Lumen”) last week for failing to reasonably design and operate its network to transmit all 911 calls and to notify Public Safety Answering Points (“PSAPs”) as soon as possible for two outages that occurred in February 2022.  On February 17, 2022, Lumen experienced an outage affecting 911 calls in South Dakota that lasted for almost five hours.  Five days later, Lumen experienced another 911 outage in North Dakota that disrupted service for more than seven hours.  Due to the flaws in its PSAP notification system, Lumen only notified two of eleven affected PSAPs in a timely manner.  Accordingly, the Commission proposed a penalty of $867,000 against Lumen.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

70/80/90 GHz Band Record Update

Last week, the FCC’s Wireless Telecommunications Bureau released a Public Notice seeking to refresh the record in the 70/80/90 GHz bands proceeding.  On October 17, the National Telecommunications and Information Administration (“NTIA”) submitted a filing to the FCC to supplement the record by proposing technical rules and interference migration measures, including operating parameters for links to endpoints in motion in 71-76 GHz and 81-86 GHz, to protect current or planned Federal operations in these frequencies and in adjacent bands.  Accordingly, the Commission seeks to supplement the overall record in the docket and requests comment on the proposals in NTIA’s filing by November 8, 2023.  For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).   

$53.4 Million in ECF Funding

The FCC announced that it is committing nearly $54 million in a new funding round through the Emergency Connectivity Fund (“ECF” or the “Program”).  This funding supports applications from the third application window and will benefit over 140,000 students across the country, including those in Connecticut, Georgia, Louisiana, Minnesota, Missouri, New Jersey, Tennessee, Texas, and Virginia.  To date, the Program has provided support to approximately 11,500 schools, 1065 libraries, and 128 consortia.  For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186).

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