FCC Releases Drafts for Sept. 30 Meeting

The FCC provided details on its proposal to reshape the rules for the 4.9 GHz band, adopted 3-2 last year, in a draft report and Further NPRM posted Thursday and set for a commissioner vote Sept. 30 (see 2109080081). The item examines sharing the spectrum, while giving public safety priority access similar to FirstNet.

An NPRM would ask how to improve communications during disasters. Two FNPRMs on curbing robocalls would require gateway providers to implement stricter robocall mitigation for calls originating abroad and voice service providers to block auto-dialed calls to public safety answering points on the PSAP Do-Not-Call registry. An NPRM would ask about E-rate's definition of libraries as it affects tribal libraries. Commissioners will vote on two Wi-Fi items. And an order would replace the current process for entities with foreign ownership with standard questionnaires.

The draft 4.9 GHz order would vacate rules giving control of the spectrum to the states and partially lift a licensing freeze on the band. The FNPRM proposes a “nationwide framework for the band that emphasizes public safety needs” and would seeks comment on ways to ensure continuing public safety use. It would propose to collect “more granular licensing data” and improve the licensing database and adopt standards requiring interoperability and “priority and preemption for public safety in any spectrum sharing framework.”

“Rather than risking a fragmented approach, which could undermine efforts to promote public safety use of the band, we delete rules which we previously stayed and which we now conclude, after review of the petitions for reconsideration, are not in the public interest,” the draft says: “We then seek comment on how to advance the Commission’s original goal to ensure ‘public safety enjoys maximum access to emerging broadband technologies’ while also increasing overall use of the band through a single, nationwide framework.” Among questions is whether to designate a nationwide band manager. 4.9 GHz has been one of the few controversial votes under Rosenworcel, with Commissioner Nathan Simington supporting and Commissioner Brendan Carr opposing a stay (see 2105270071).

An NPRM on resilient networks would ask about improvements to the voluntary wireless network resiliency cooperative framework, launched in 2016. This would include “evaluating what triggers its activation, its scope of participants, whether existing Framework elements can be strengthened, any gaps that need to be addressed, and whether the public would benefit from codifying some or all of the Framework,” a draft says. It asks about “ways to enhance the information available” to the commission through the network outage and disaster information reporting systems “to improve situational awareness.” It would seek ways to make telecom facilities more resilient during power outages.

Wireless carriers have long sought a voluntary framework rather than rules. The NPRM would note “gaps in the Framework’s coverage and, during some recent disasters, delays in its implementation, including technical challenges associated with roaming implementation.” In some disasters, the framework “by its own terms, would not go into effect,” the draft says.

NPRMs would subject foreign robocalls to U.S.-based call requirements. The rulemaking would ask about requiring that gateway providers implement the Stir/Shaken framework and perform robocall mitigation on calls originating abroad, says a fact sheet. The draft seeks comment on how the rules would affect gateway providers using non-IP network technology and whether providers using this technology should "implement a non-IP caller ID authentication solution" like out-of-band STIR.

The draft proposes classifying providers as gateway providers on a call-by-call basis when they act like one. Doing so would provide "regulatory symmetry" and "capture all instances in which an entity acts as a gateway provider," the draft FNPRM says. Providers would also be required to "authenticate all SIP calls and employ robocall techniques" on calls originating abroad that display a U.S. number in the caller ID.

An FNPRM would impose additional requirements for voice service providers to prevent unwanted robocalls to PSAPs. Providers would be required to block autodialed calls to PSAP numbers on the PSAP Do-Not-Call registry, it says. The draft seeks comment on the extent of unwanted robocalls to PSAPs and how the definition of an "automatic telephone dialing system" impacts the efficacy of the registry. Providers would be given access to the registry, and the draft seeks comments on any potential associated security risks.

A draft NPRM on automatic frequency coordination(AFC) in the 6 GHz band proposes that the Office of Engineering consider all AFC proposals received before Nov. 30 “concurrently with equal priority,” while later proposals would be looked at “on a rolling basis.” All AFC systems would be subject to a public trial period, including “thorough testing.” A draft notice of inquiry asks whether adequate spectrum is available, or will be, for commercial wireless services supporting the growing IoT. It asks about regulatory barriers to making more spectrum available and the roles of unlicensed and licensed bands.

An NPRM would amend E-rate to expand eligibility to tribal libraries because some don't meet the technical definition. The draft would include tribal libraries as defined under the Library Services and Technology Act. The draft seeks comment on how to improve access for eligible tribal entities.

A draft order would replace the existing process for certain applications and petitions involving foreign ownership. Applicants would submit answers to six sets of standard national security and law enforcement questions to the Committee for Assessment of Foreign Participation in the U.S. Telecom Services Sector before or when they file an application with the commission, the draft says.