The FCC will soon adopt rules that "crack down on revenue sharing” and exclusive access arrangements between broadband providers and building owners in multi-tenant environments said FCC Chairwoman Jessica Rosenworcel during an Incompas policy summit in Washington Tuesday (see 2201210039). The record the FCC received last year on broadband access in MTEs “made one thing very clear,” Rosenworcel said: “The agency’s existing rules are not what they could be.” Commissioners Brendan Carr and Nathan Simington encouraged NTIA to prioritize unserved areas in its new broadband programs. Other panelists urged the FCC to revise the USF.

Speakers at the Incompas Policy Summit expressed hope Tuesday that the FCC will act soon to allow use of the 12 GHz band for 5G. Incompas has been a leading member of the 5G for 12 GHz Coalition, which seeks new rules for the band (see 2107080055).

U.S. Court of Appeals for the D.C. Circuit judges evinced some skepticism about standing issues and Viasat's broad read of the National Environmental Policy Act's (NEPA) jurisdiction, during docket 21-1123 oral argument Friday on challenges to the FCC's April OK of a license modification for SpaceX (see 2108090022). A lawyer in the proceeding told us it's not clear how soon the three-judge panel might rule.

Senate Commerce Committee Democrats found ample support during a Wednesday confirmation hearing for plans to speed panel and floor consideration of FCC Chairwoman Jessica Rosenworcel’s renomination, in part citing Republicans’ expected somewhat supportive reception for the nominee (see 2111160001). Democratic FTC nominee Alvaro Bedoya got stronger criticism. At least two committee Republicans indicated they’re considering placing holds that would delay Bedoya’s progress on the floor (see 2111170059).

Advocates of reallocating the 12 GHz band for 5G are putting on a full-court press for FCC action as early as the February commission meeting. 5Gfor12GHz Coalition members said in interviews their strongest argument is that other than 2.5 GHz, nearly ready for auction, and 3.1-3.45, being looked at for reallocation, no other candidate bands are available for the “spectrum pipeline.” Proponents say action will likely have to wait for Senate confirmation action on FCC nominees and for the Office of Engineering and Technology to wrap up engineering work.

Non-geostationary orbit satellite constellation operators have an "intense demand" for Ku-band spectrum, and the FCC must protect those services from "encroachment by speculative terrestrial interests in the 12.2-12.7 GHz band," OneWeb officials urged acting Chairwoman Jessica Rosenworcel and Commissioner Brendan Carr, per a docket 20-443 filing Friday.

RS Access, which urged opening the 12 GHz band for 5G services, is continuing to lobby the FCC's eighth floor, said a docket 20-443 filing Wednesday on a meeting between CEO Noah Campbell and an aide to acting Chairwoman Jessica Rosenworcel. It gave a presentation similar to ones given earlier this month to aides to Commissioners Brendan Carr and Geoffrey Starks.

FCC acting Chairwoman Jessica Rosenworcel can force votes on items, a step that needs the vote of at least one Republican commissioner under must-vote rules. With a full commission, the chair needs the votes of only the other members of the majority party to trigger the rules. Rosenworcel hasn't focused on changing the rules. Some experts said in interviews an change is overdue, although many think the rules won't significantly impede her.

The 5-0 November order splitting the 5.9 GHz band between Wi-Fi and auto safety (see 2011180043) will be “the first real test” for the current FCC, Commissioner Brendan Carr said during an Internet Innovation Alliance webinar Thursday. Carr noted concerns raised by the auto industry and some congressional Democrats (see 2104270090). “Do we stick with the hard decision, the right decision, only hard in the sense that there was political pressure, … or are we going to cave to political pressure” on 5.9, he asked. Acting Chairwoman Jessica Rosenworcel stresses her focus on working with other federal agencies on spectrum, Carr said, saying cooperation isn’t enough: “At the end of the day, those of us in leadership at the FCC are called upon to make hard decisions and stick by them.” The FCC didn't comment. Carr said he’s standing his ground on the 3-2 order making broad changes to how the 4.9 GHz band is regulated, giving control to the states. Rosenworcel recently sought a stay (see 2105030062). Carr hasn’t made decisions on 5G in the 12 GHz band, saying he's watching engineering studies. “If we can get a win-win and do all of it, then obviously that’s what we should do,” he said. Carr said the FCC needs to provide more clarity on broadband maps, after Rosenworcel said in March the first would be available this summer (see 2103220050). “We’ve got to clean that up and provide some clarity as to when we’re going to land the mapping process,” he said. The FCC has about $40 billion “sitting in the pipeline” for broadband deployment, he said. “Let’s get that $40 billion out the door,” he said: “Mapping is going to be a big piece.” Carr is a “little worried” about the current pace on making more spectrum available. The U.S. was in danger of falling behind in the race to lead the world on 5G during the last years of the Barack Obama administration, Carr said. That changed under Donald Trump, he said. “We were first to commercial 5G and have the strongest 5G network in the world,” he said. Carr said he hopes that FCC won’t backtrack on the changes to wireless infrastructure rules made under then-Chairman Ajit Pai. The current 2-2 FCC won’t “reverse those wins,” he said. “We’ve made it easier to build and connect people over the four last years,” he said: “I really don’t know why we would make it more expensive and harder.” Short of being in the majority, being at a split commission is “second best,” he joked. “We’ll see what it’s like when I make my eventual move fully into the minority.” There are still lots of discussions between commissioners on various issues, he said.

Any approval of SpaceX's pending license modification to allow a lower orbit for more than 2,800 proposed satellites (see 2004200003) should be handled by putting the application in the 2020 non-geostationary orbit processing round or imposing a condition to tackle interference and facilitate coordination. That's according to Amazon Kuiper representatives in a meeting with FCC International Bureau Chief Tom Sullivan, per a bureau ex parte filing Wednesday. Amazon also urged a license condition limiting SpaceX’s orbital altitude to below 580 km. Numerous satellite operators suggested conditions in recent days as approval is expected soon (see 2104130001). Viasat recapped discussions about its suggested conditions with aides to Commissioners Geoffrey Starks, Brendan Carr and Nathan Simington. Dish Network, meeting with aides to acting Chairwoman Jessica Rosenworcel, said the license mod would exceed equivalent power flux density limits that protect DBS operations in the 12 GHz band, and any approval needs to either exclude that band or include "strong and clear conditions." OneWeb discussed its suggested conditions with Simington.