Parts of Cell Booster Rules Still Under Discussion on Eve of Commission Vote
Discussions were ongoing on the eighth floor of the FCC late Tuesday on a draft report and order on rules for cellphone signal boosters set for a vote at Wednesday’s meeting. A key question is whether the rules would make it easy for people to install boosters or give carriers wide discretion to keep the devices off their networks, agency officials said Tuesday. One official noted that the major carriers have all filed letters at the FCC clarifying that they plan to allow the use of boosters as long as they meet the technical requirements of the order, addressing some concerns that had arisen at the FCC. Another question getting some discussion was when the FCC should impose a deadline for selling boosters that don’t conform to the rules and the penalties for noncompliance.
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The original April 2011 NPRM proposed that the FCC “license the use of signal boosters by rule under Section 307(e) of the Communications Act.” The order as proposed by Chairman Julius Genachowski allowed for carrier consent, but was not specific about whether carriers had to allow boosters in general. Advisers to the commissioners have been discussing what the best approach should be and whether there should be a presumption that boosters will be permitted. The rules will require subscribers to register boosters with their carrier, officials said.
An FCC official said discussions have been friendly. “There was a lot of back and forth,” the official said. “It’s just trying to figure out what’s the right answer.”
Both Wilson Electronics and Public Knowledge have pressed the FCC for language that clarifies that the presumption should be that carriers will permit the use of boosters on their networks. “If the Commission determines to require provider consent, it must make clear that such consent cannot be unreasonably withheld, and that denial of consent to any unit that meets the safe harbor technical standards would be unreasonable pursuant to Section 201(b) and a violation of service rules established pursuant to Section 303,” PK said last week in a filing (http://bit.ly/13b0emy). “The Commission should establish a mechanism by which consumers and/or manufacturers can file complaints when consent is unreasonably denied."
Also up for a vote Wednesday is an NPRM on unlicensed use of 195 MHz of spectrum in the 5 GHz band. NTIA muddied the waters slightly Tuesday, noting in a letter that has not yet been posted that the FCC should keep in mind “ongoing activities” to reallocate federal users from the 1755-1850 MHz band to clear the spectrum for wireless broadband. The letter said it may be necessary to relocate federal Aeronautical Mobile Telemetry systems from 1755-1850 MHz to 5150-5250 MHz as part of that effort. In January, NTIA released a report which said more work must be done to understand the challenges to federal agencies with operations in the 5350-5470 MHz and 5850-5925 MHz bands before the agency can conclude that they can be safely reallocated for Wi-Fi or other unlicensed use (CD Jan 28 p5). NTIA also said the FCC should “take into account compatibility issues” associated with unmanned aerial systems operating in the 5250-5850 MHz band.