Representatives of Public Knowledge and New America’s Open Technology Institute met with aides to three of the FCC commissioners on Axon Enterprises' request for a waiver (see 2403080044), the future of the 4.9 GHz band and other items. “We noted that Axon’s proposed analog, always-on, fixed-channel and high-power surveillance technology would be unnecessarily disruptive to the public’s use of the U-NII-3 band, which remains the most heavily-trafficked Wi-Fi spectrum and almost certainly the most intensively-used frequency band nationwide,” the groups said. They opposed FirstNet control of the 4.9 GHz band: “No one has presented a single cogent argument why the Commission should abandon its 2023 decision to adopt a band-manager approach.” The groups met with aides to Commissioners Brendan Carr, Geoffrey Starks and Nathan Simington. The language in three filings posted Thursday in docket 07-100 and other dockets was substantially the same for each meeting. The two groups also reported that EchoStar joined them for a meeting with the Wireless Bureau and Office of Economics and Analytics staff about handset unlocking rules (see 2408090037). “The recently launched proceeding on handset unlocking will be an unequivocal win for consumers and competitive carriers if adopted,” said a filing in docket 24-186. They also discussed the lower 12 GHz band's future.

AT&T opted to file in opposition to North East Offshore’s request for an FCC waiver of the freeze on nonfederal applications for new or expanded Part 90 operations in the lower 3 GHz band even though the wind farm company has dropped the request (see 2408010039). North East’s request “touches on broader issues that merit addressing on the record,” a filing posted Tuesday in docket 24-212 said. The lower 3 GHz band is “an incredibly important piece of the National Spectrum Strategy and the Commission should not be issuing new authorizations that would complicate the reallocation of that band for future mobile broadband services,” AT&T said. The waiver request also raises “complex questions about the Commission’s licensing jurisdiction and potential offshore uses of spectrum that are most appropriately addressed in the Commission’s broader inquiry on the subject,” AT&T said. The FCC sought comment in 2022 on the offshore use of spectrum (see 2209020052).

The FCC sought comment Friday on the future of the 37 GHz band, as expected (see 2407240039). Comments are due Sept. 9 in docket 24-243, per a public notice by the Wireless Bureau. The band is one of five teed up for further investigation in the administration’s national spectrum strategy, though unlike the lower 3 GHz and 7/8 GHz bands, carriers are not targeting it for licensed, exclusive use. The strategy identifies 37 GHz “as a band for further study ‘to implement a co-equal, shared-use framework allowing federal and non-federal users to deploy operations in the band,’” the public notice says. “We find that additional information on potential uses of the Lower 37 GHz band would be helpful in the preparation of the Lower 37 GHz Report,” it adds, noting that the current record is limited. While commenters predicted uses including fixed wireless, point-to-point links, IoT networks, device-to-device operations, augmented reality, smart cities, smart grids and private networks, “they have not provided much detail about implementation of these services in the band,” the FCC says. The notice requests “specific and updated information on the contemplated uses of the band, to include interdependencies of pairing spectrum bands with the Lower 37 GHz band.” The PN also asks about the “feasibility” of aeronautical mobile service operations in the band. “We anticipate that operations offered in the band initially will be point-to-point and point-to-multipoint operations, although other types of operations -- including mobile operations -- may develop later.” The PN asks about the design of a coordination mechanism. It notes that discussions among the FCC, NTIA and DOD are aimed at a two-step mechanism. “In the first phase, an interference contour would be drawn around each existing and potential site based on its technical parameters, including transmitter details such as location (latitude and longitude), equivalent isotropic radiated power, antenna height, and antenna azimuth angle,” the notice says: If the site’s contour doesn’t overlap with any existing registration, “coordination is successful, and registration of the new site may proceed. If there is overlap, there would be a second phase.”

NTIA will hold a multistakeholder forum on Aug. 23 for nonfederal stakeholders to meet with federal agencies conducting studies of the lower 3 and 7/8 GHz bands as part of the national spectrum strategy. In that and future meetings, “NTIA will solicit targeted information from the public, including industry and academia, on spectrum use cases, coexistence scenarios, existing technology solutions, and technical inputs,” a notice for Tuesday’s Federal Register said. The meeting, at 10 a.m., is at the Herbert C. Hoover Federal Building Auditorium. The 3.1-3.45 GHz and 7.125-8.4 GHz bands are a top target for wireless carriers looking for more spectrum for 5G and 6G (see 2403120056).

North East Offshore is dropping its request for an FCC waiver of the freeze on nonfederal applications for new or expanded Part 90 operations in the lower 3 GHz band. The renewable energy company notified the agency that it’s modifying its application to “specify frequencies outside the 3.1-3.3 GHz band, which will eliminate the need” for the FCC to consider a waiver. The request ran into opposition from the wireless and cable industries, which filed comments posted Thursday in docket 24-212. The comments underscore the perceived importance of lower 3 GHz spectrum for 5G and beyond.

The Wi-Fi Alliance told the FCC that proposed modifications of a waiver request to market three investigative and surveillance devices operating at higher power levels than allowed in the 5 GHz band don’t adequately address interference concerns. Axon proposed in July that its devices operate primarily using channels at the upper and lower edges of the U-NII-3 band, “avoiding operations in the more congested center of the band.” The compromise Axon suggests won't “cure the fundamental problem with its Request -- that Axon’s devices will block Wi-Fi access to U-NII-3 spectrum that is critical to meet Americans’ connectivity requirements,” the Alliance said in a filing not yet posted in docket 24-40: “As the record demonstrates, unlike Wi-Fi, Axon’s devices would not implement contention-based protocols intended to ensure equitable access among unlicensed devices to the U-NII-3 band. Axon’s ‘always-on’ protocol makes the failure to ‘listen-before-talk’ even worse.”

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.

Revisions to the Spectrum and National Security Act (S-4207) last week (see 2406140062) have at least solidified Democrats' support for the measure ahead of a planned Tuesday Senate Commerce Committee vote, lobbyists told us. The more doubtful wild card is whether any Republican panel members publicly back the measure Tuesday despite Chair Maria Cantwell, D-Wash., making revisions that reflect their desire to protect military interests, lobbyists said. Several believed there was still a strong chance Senate Commerce would again postpone a vote on S-4207 after already yanking it from the agenda three times (see 2406110079). The panel’s meeting is set to begin at 10 a.m. in 253 Russell.

FCC Chairwoman Jessica Rosenworcel said Thursday that she circulated for a commissioner vote an NPRM seeking comment on further changes to rules for the citizens broadband radio service band. An FCC and NTIA agreement unveiled Wednesday on broader use of CBRS (see 2406120027) shows what's possible when you push the boundaries of how spectrum is shared, experts said Thursday during a discussion at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver.

The FCC and NTIA are working together as well as Ira Keltz has seen in his 30 years of government service, but the deputy chief of the FCC’s Office of Engineering and Technology said finding consensus on spectrum issues remains difficult. Keltz spoke Wednesday at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver. Echoing Keltz was Derek Khlopin, NTIA deputy associate administrator in the Office of Spectrum Management.