FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).

The House Communications Subcommittee plans an Oct. 6 hearing on the newly filed Spectrum Innovation Act (HR-5378), Martha Wright Prison Phone Justice Act (HR-2489) and 10 other telecom-centric bills aimed at “strengthening” U.S. networks, the House Commerce Committee said Wednesday. Communications Chairman Mike Doyle, D-Pa., and Rep. Doris Matsui, D-Calif., filed HR-5378 Wednesday as a vehicle for enacting language to authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band separately from the Build Back Better Act budget reconciliation. Commerce advanced its portion of reconciliation earlier this month with the spectrum language, plus $10 billion for next-generation 911 and $4 billion for the FCC Emergency Connectivity Fund (see 2109140063). Doyle’s office touted support from the Competitive Carriers Association, NCTA, New America’s Open Technology Institute and Public Knowledge. The other bills on Communications’ hearing docket: the Protecting Critical Infrastructure Act (HR-1042), Federal Broadband Deployment in Unserved Area Act (HR-1046), Expediting Federal Broadband Deployment Reviews Act (HR-1049), Wireless Resiliency and Flexible Investment Act (HR-1058), Data Mapping to Save Moms’ Lives Act (HR-1218), Spectrum Coordination Act (HR-2501), Communications Act Section 331 Obligation Clarification Act (HR-4208), Information Sharing and Advanced Communication Alerting Act (HR-5028), Broadband Incentives for Communities Act (HR-5058) and Preventing Disruptions to Universal Service Funds Act (HR-5400). The partly virtual hearing begins at noon EDT in 2123 Rayburn.

FCC commissioners OK’d a public notice on automated frequency control in 6 GHz 4-0 ahead of Thursday’s meeting, as expected (see 2109240048), it posted in Wednesday’s Daily Digest. The 6 GHz order in docket 21-352 “has already sparked a wave of low-power products utilizing the band indoors, offering increased Wi-Fi speeds that benefit consumers and businesses that rely on unlicensed spectrum for their homes and operations,” said Geoffrey Starks in the only commissioner statement: “This item is another step towards fully unleashing the potential of the 6 GHz band.” Initial proposals are due Nov. 30, comments on proposals by Dec. 21. The band “will be put to tremendous use, in particular helping WISPA members provide more capacity for their customers, as well as enabling them to connect more Americans in rural and exurban areas to broadband services,” the Wireless ISP Association said Wednesday. “Implementation of smart AFCs in the 6 GHz band will unlock an untold number of use cases for the next generation of Wi-Fi -- from faster stadium connectivity to lower latency Wi-Fi on school buses,” said WifiForward: “Spectrum is a limited resource, so quickly certifying and deploying innovative spectrum-sharing technology like AFC is essential to our wireless future.”

ACT|The App Association cited the importance of broadband maps, finalizing rules for the 6 GHz band and other issues in a conversation with FCC acting Chairwoman Jessica Rosenworcel, said a filing posted Monday in docket 21-233. ACT urged making more spectrum available for 5G and Wi-Fi: “Resolve remaining issues in its 6 GHz band proceedings as soon as possible based on the well-developed record” that “proposed unlicensed use will not result in harmful interference,” the group said.

Southern Co. disputed Wi-Fi Alliance (WFA) arguments that Wi-Fi 6E certification ensures devices “would now default to use bands other than the 6 GHz band to discover networks operating in 6 GHz.” The alliance made its case at the FCC Office of Engineering and Technology last month. “We support any and all updates that would reduce harmful interference to 6 GHz incumbent uses,” the utility said in a filing posted Friday in docket 18-295: “Unfortunately, based on the information WFA has provided, their proposed changes will do no such thing.” Wi-Fi 6E is the latest version of the standard, which incorporates the 6 GHz band. The alliance didn’t comment.

Two FCC Wi-Fi items, on rules for automated frequency control in 6 GHz and a notice of inquiry on IoT spectrum needs, likely will have smooth sailing Thursday with 4-0 votes. Neither has been particularly controversial since drafts circulated two weeks ago, though Lumen had recent calls with aides to all four commissioners, saying the AFC rules as proposed don’t go far enough. Commissioner Brendan Carr sought a few tweaks on the NOI, but otherwise both items are expected to be approved largely as-is.

U.S. Court of Appeals for the D.C. Circuit judges peppered both sides with questions, during an often highly technical oral argument Friday, as the FCC defended its order opening the 6 GHz band for Wi-Fi and other unlicensed use. AT&T, APCO, electric utilities and other plaintiffs argued the FCC never explained why it didn’t require use of automated frequency control (AFC) to protect incumbents from low-power indoor use, which got some support on the court. Judge Justin Walker, a new member of the court, warned the agency's order could be remanded or even vacated.

A draft NPRM on automatic frequency coordination (AFC) in the 6 GHz band, set for a Sept. 30 vote, is an important next step for the band, said representatives of the Dynamic Spectrum Alliance (DSA) in a call with an aide to acting FCC Chairwoman Jessica Rosenworcel. They “encouraged the FCC to continue to work rapidly and to expedite AFC certification so that the full range of unlicensed devices may commence operations in the 6 GHz band while ensuring protection of incumbent services,” said a filing posted Thursday in docket 18-295. Standard power operations permitted by AFC “will support outdoor, indoor higher power, and indoor connectorized antenna deployments,” DSA said. Representatives of Cisco, Hewlett Packard Enterprise Aruba and Federated Wireless were on the call.

The U.S. Court of Appeals for the D.C. Circuit laid out a final schedule Friday for oral argument, scheduled for Sept. 17, on challenges to FCC 6 GHz rules (see 2104160053). AT&T, APCO, electric utilities and other plaintiffs had appealed the order. Petitioners get 12 minutes, followed by three minutes on issues raised by APCO. The government gets 12 minutes to respond, with three minutes for intervenors defending the FCC, said an order (in Pacer) in docket 20-1190.

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.