A federal court set Sept. 13 oral argument on Neustar's challenge to an FCC order that gave Telcordia the inside track to be the next local number portability administrator. The composition of the three-judge panel to hear the case will be revealed 30 days before oral argument, said a short order Wednesday of the U.S. Court of Appeals for the D.C. Circuit (Neustar v. FCC, No. 15-1080). A Neustar spokesperson said, "We are pleased to see that oral argument has been scheduled for early fall." The FCC had no comment. Neustar and the FCC made their arguments last fall (see 1509210040, 1510290029 and 1511270033) and briefing closed in December. Asked about the D.C. Circuit's delay in setting oral argument, Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who is not involved in the case but is a longtime court watcher, told us “it does seem to be a little slow, but I’m not sure this is unusual.” The D.C. Circuit “stops hearing cases in late May. Unless there is some need for expedition, cases that don't make that schedule are heard in the fall, and the court doesn't start scheduling the new term until about now," he emailed. "This case is one of the very first cases being heard in the fall, so without knowing more, it could well be that it just missed the cut for the current term." But he also said two cases heard in May had briefing that wasn't completed until February or March, "so something might have held" up the Neustar case.

The FCC rechartered its World Radiocommunication Conference Committee and is soliciting applications for members, the International Bureau said in a public notice Thursday. The agency said the committee would focus in particular on international frequency spectrum issue advice and recommendations for the agenda of WRC 2019. The committee will meet two to three times a year in the District of Columbia, and members also would be expected to take part in working groups, IB said. The initial deadline for nominations is June 27, though the IB said it will accept committee membership applications on a rolling basis afterward, and nominations -- including qualifications -- can be submitted to WRC-19@fcc.gov.

Sharing the 28 GHz band between fixed satellite service (FSS) and upper microwave flexible use licensees requires restrictions on UMFU skyward emissions to protect satellite broadband service, satellite industry representatives told Edward Smith of Chairman Tom Wheeler's office, according to an ex parte filing Thursday in docket 14-177. The restrictions would either put an aggregate cap on skyward equivalent isotropically radiated power density or require the FCC to codify and monitor UMFU device certification matters such as off-axis EIRP, power control and antenna down-tilt, they said. The commission as soon as next month may vote on rules helping 5G use the 28 GHz band already occupied by FSS (see 1606070059). The satellite representatives also said any rules need to prevent interference to satellite receivers, protect existing FSS earth stations "and allow reasonable deployment" of new co-primary FSS earth stations. Meeting with Smith were officials from EchoStar, OneWeb, O3b, ViaSat, Inmarsat and SES. In a separate meeting with International and Wireless bureaus and Office of Engineering and Technology representatives and with eighth-floor staffers, Nextlink Wireless said if the agency changes the geographic areas for UMFU licensees in the 28 GHz band, those licenses should be based on partial economic areas (PEA), the end result being harmonized license areas for all new 5G licensees. County-based licensing "present[s] many financial and technical challenges for incumbents and new operators alike," such as requiring investments in additional radios, construction, fiber backhaul and location rents, meaning bigger challenges for licensees in deployment and possible inadequate populations to support ongoing activities, Nextlink said in a filing in the docket Thursday. It also said. with the FCC planning to license 600 MHz spectrum, which will likely be used for some 5G services, based on PEAs, that would create greater uniformity among 5G licensees' license areas.

Major trade associations urged the FCC to back off its broadband privacy plans focused on regulating ISPs and pursue harmonization with the FTC's privacy approach. CTA, CTIA, Mobile Future, USTelecom and the Wireless Internet Service Providers Association said FCC Chairman Tom Wheeler promised to listen and learn from the public and providers before adopting final rules. "Well, the public’s verdict on Chairman Wheeler’s plan ... is now in -- and the result is clear. An overwhelming majority of the expert comments filed to date have urged the FCC to change course," the groups said in blog posted Wednesday. Initial comments were due May 27; replies are due June 27. The groups said privacy experts questioned the FCC's approach; other experts demonstrated the proposed rules were based on a flawed premise; commenters warned consumers would be harmed; and business and tech groups highlighted economic and technical problems. "The record makes clear that the best course is for the FCC to abandon its flawed approach and harmonize privacy regulation for broadband providers with the well-established and effective approach implemented and consistently endorsed by the FTC and the Obama Administration for many years and that has both protected consumers’ privacy and fostered unprecedented innovation, investment, and broadband adoption," the groups said. "This is the core of the Consensus Privacy Framework first submitted by a wide range of industry participants to Chairman Wheeler in March, which is a more efficient, pro-consumer and pro-innovation alternative. Chairman Wheeler promised to review the record and listen to the public. If he is to keep that promise, the FCC must change course." Public interest groups want the FCC to take its own approach (see 1606080034). The FCC didn't comment Thursday.

The satellite industry took its argument that fixed satellite service (FSS) satellites need co-primary status with upper microwave flexible use for 5G sharing in the 28 GHz band to Commissioner Jessica Rosenworcel's office, said an ex parte filing Wednesday in docket 14-177. The satellite and wireless industries have split on co-primary status (see 1606020035). According to the filing, the satellite officials said FSS needs for co-primary status there are "a critical issue," necessitating grandfathering of currently licensed FSS earth stations and of new ones licensed or applied for before any local multipoint distribution service reauthorization and before the upper microwave flexible use auction. They also said additional FSS earth stations should be allowed on co-primary basis after the reauthorization and auction. For the 37/39 GHz bands, the satellite officials said the FCC should seek additional comment before adopting any rules. According to the filing, officials from Boeing, DirecTV, EchoStar, Intelsat, Iridium, Kymeta, Lockheed Martin, O3b, OneWeb, the Satellite Industry Association, SES, SpaceX and ViaSat met with Rosenworcel aide Johanna Thomas.

The FCC should act on an MVDDS 5G Coalition petition for rulemaking seeking revised rules for the Multichannel Video Distribution and Data Service band, the Computer & Communications Industry Association said Wednesday in a letter to the commission. The 12.2-12.7 GHz band is underutilized but has great potential for 5G, CCIA said. The FCC held auctions of the spectrum in January 2004 and December 2005, CCIA noted. “However, the rules for using that spectrum prohibited two-way communications, including mobile service,” the letter said. “Although licensees have pursued a number of ways for utilizing that spectrum, it has not become fully operational. … However, the Commission now has an opportunity to maximize the utility of this band.”

There's sufficient E-rate USF funding available to fully meet school and library demand for discounted service in the 2016 funding year beginning July 1, said the FCC Wireline Bureau in a public notice Wednesday in docket 02-6. The Universal Service Administrative Co. estimated in a letter this week that demand for the coming funding year would be $3.61 billion: $2.33 billion for "Category One" services providing broadband connectivity to schools and libraries, and $1.28 billion for "Category Two" internal broadband connections. The FCC has budgeted $3.94 billion for the E-rate program, and there's another $1.9 billion in unused funds from previous years, allowing the program to fully fund all of the requests for discounted service in both categories, the PN said.

The FCC's new Electronic Comment Filing System (ECFS) will launch June 20, after going offline for the preceding weekend, said a public notice released Wednesday. The old system will cease being accessible at the same time, the PN said. “All documents in the legacy system will be accessible in the new system, and saved links (bookmarks or favorites) to documents and proceedings should not need to be adjusted,” the PN said. The new system “is expected to significantly improve the resiliency and performance of ECFS,” the PN said. Tutorials for the new system are scheduled for Thursday, Tuesday and June 16, the PN said. The current ECFS will go down for the upgrade at 11:59 p.m. EDT June 17, and the new system will come online at 8 a.m. EDT June 20. The FCC will release a PN on the front page of FCC.gov if unforeseen delays occur, the PN said. “Given that ECFS is expected to be fully operational during all FCC business hours, the agency does not plan any changes to any deadlines.”

Upfront payments for bidding in the TV incentive auction are due at the FCC by July 1, the Wireless Bureau and Incentive Auction Task Force said Wednesday in a public notice. To become qualified to bid in Auction 1002, an applicant must have an application that has been deemed complete and must make a timely and sufficient upfront payment, the notice said. The FCC provides guidance on how to calculate the amount of an upfront payment, detailed wire transfer instructions and instructions on completing and faxing Form 159 for each upfront payment. The FCC advised potential bidders to pay close attention. A second document provided information on upfront payments and minimum opening bids for every market. The highest numbers, not surprisingly, are for New York City, with an upfront payment of $67.5 million and opening bid of $135 million. That's followed by Los Angeles, Chicago, San Francisco and Baltimore/Washington, D.C. For America Samoa, the upfront payment is $2,500, the minimum opening bid $5,000. The IATF also announced a new accelerated bidding schedule for the ongoing reverse auction, moving to three rounds a day from two. The new bid schedule will begin Monday. Starting Wednesday, the IATF also changed the dollar amount that can be entered as a proxy bidding instruction. Previously the dollar amount for proxy bids couldn't be less than 75 percent of the price offer for the station's currently held option, but now it can't be less than 50 percent, the IATF said.

A draft FCC order circulating among commissioners would adjust application fees based on changes in the Consumer Price Index, an agency spokesman told us Tuesday. The item was on the FCC's circulation list, which is updated every Friday.