The Patent and Trademark Office granted CTA its second deadline extension to file a statement of use (SOU) in its June 2018 application to trademark a certification logo for over-the-counter hearing aids (see 1806250018), agency records show. CTA created the logo to identify reputable OTC hearing aids for consumers with mild or moderate hearing loss that meet minimum performance specs in the ANSI/CTA-2051 standard approved in January 2017. PTO requires SOUs to prevent applicants from hoarding trademarks with no intention of using them in normal commerce. CTA is hamstrung from filing the SOU because it needs to await the FDA’s expected release by late summer of proposed rules establishing the OTC hearing-aid category under legislation President Donald Trump signed into law in August 2017 (see 2001170050). A trademark applicant is entitled to up to five SOU deadline extensions of six months each, but must file the SOU within three years after receiving PTO's notice of allowance (NOA) that clears the application for final approval. PTO issued CTA its hearing-aid NOA a year ago Wednesday.

Foster participation rather than create new obstacles to adoption for the USF Lifeline program that subsidizes low-income telecom users, industry, public interest and consumer groups pressed the FCC in comments posted through Tuesday in docket 17-287. The FCC is considering sweeping changes in attempts to curb waste, fraud and abuse, but stakeholders fear the agency is overstepping (see 1911210035).

The following is a selection of articles that appeared in International Trade Today in 2019 covering ruling letters. CBP frequently publishes rulings months after they are issued, so these articles are included based on the dates the articles were published, rather than the date the ruling letter was issued.

NTIA released a report Monday calling for further study but saying federal agencies may be able to share the 3450-3550 MHz band, which is directly below the 3.5 GHz citizens broadband radio service spectrum (see 2001270025). DOD assisted in preparing the report. Federal operations in the band “include shipborne, airborne, and land-based systems -- primarily radars,” blogged Charles Cooper, associate administrator of the NTIA Office of Spectrum Management: “Our report points to a clear possibility for real time spectrum sharing that would protect these critical missions, while providing attractive opportunities for commercial business.” The next step is studying how often each of the federal systems is used, and then developing “mechanisms for reliably informing commercial operations when federal systems are operating nearby,” Cooper said: "This 100 MHz of spectrum should be well suited for realizing 5G’s promise of higher throughput and lower latency operations." The report says the band gets significant federal use, with shipborne radars operating at more than 20 ports along the Atlantic, Pacific and Gulf coasts. Some airborne systems operate nationwide; other systems are limited, the report said: “The ground-based radars operate at over one hundred locations, including many near high-population areas. In addition, DOD continues to deploy systems at additional locations and to develop new systems for operation in the band.” Some aspects “of the systems are classified, which reduced the ability for the report to be as transparent regarding the analysis as otherwise possible,” the document says. Frequency- or geographic-based sharing approaches “would result in significant restrictions on commercial services, in terms of emitter power limits and exclusion zones, making sufficient access for viable commercial applications unlikely,” the report found: “A dynamic, time-based sharing mechanism could present a potentially attractive approach to both protecting federal systems and providing viable commercial operations. Commercial operations would be contingent on spectrum availability, which will depend on the frequency, time, and location of federal system operations.” It’s no surprise NTIA found “extensive” military use of the band requiring protection, said Michael Calabrese, director of the Wireless Future Program at New America. “The good news is that the report’s technical findings suggest the spectrum could be shared nationwide by low-power, indoor operations, as well as outdoors away from the coasts,” he told us: “It appears that shared use could be supported by expanding on the database coordination approach that manages sharing with the Navy in the adjacent band under the new CBRS framework that became fully open for effectively unlicensed use today. Adding this band to CBRS looks like it will be the fastest and most efficient way to put it to use for 5G-quality connectivity.”

NTIA released a report Monday calling for further study but saying federal agencies may be able to share the 3450-3550 MHz band, which is directly below the 3.5 GHz citizens broadband radio service spectrum (see 2001270025). DOD assisted in preparing the report. Federal operations in the band “include shipborne, airborne, and land-based systems -- primarily radars,” blogged Charles Cooper, associate administrator of the NTIA Office of Spectrum Management: “Our report points to a clear possibility for real time spectrum sharing that would protect these critical missions, while providing attractive opportunities for commercial business.” The next step is studying how often each of the federal systems is used, and then developing “mechanisms for reliably informing commercial operations when federal systems are operating nearby,” Cooper said: "This 100 MHz of spectrum should be well suited for realizing 5G’s promise of higher throughput and lower latency operations." The report says the band gets significant federal use, with shipborne radars operating at more than 20 ports along the Atlantic, Pacific and Gulf coasts. Some airborne systems operate nationwide; other systems are limited, the report said: “The ground-based radars operate at over one hundred locations, including many near high-population areas. In addition, DOD continues to deploy systems at additional locations and to develop new systems for operation in the band.” Some aspects “of the systems are classified, which reduced the ability for the report to be as transparent regarding the analysis as otherwise possible,” the document says. Frequency- or geographic-based sharing approaches “would result in significant restrictions on commercial services, in terms of emitter power limits and exclusion zones, making sufficient access for viable commercial applications unlikely,” the report found: “A dynamic, time-based sharing mechanism could present a potentially attractive approach to both protecting federal systems and providing viable commercial operations. Commercial operations would be contingent on spectrum availability, which will depend on the frequency, time, and location of federal system operations.” It’s no surprise NTIA found “extensive” military use of the band requiring protection, said Michael Calabrese, director of the Wireless Future Program at New America. “The good news is that the report’s technical findings suggest the spectrum could be shared nationwide by low-power, indoor operations, as well as outdoors away from the coasts,” he told us: “It appears that shared use could be supported by expanding on the database coordination approach that manages sharing with the Navy in the adjacent band under the new CBRS framework that became fully open for effectively unlicensed use today. Adding this band to CBRS looks like it will be the fastest and most efficient way to put it to use for 5G-quality connectivity.”

The Treasury’s Office of Foreign Assets Control reached a $1.125 million settlement with Eagle Shipping International for 36 violations of U.S. sanctions against Burma, OFAC said in a Jan. 27 notice. The ship management company, which has headquarters in Connecticut, illegally transported “sea sand” for Myawaddy Trading Limited, a company on OFAC’s Specially Designated Nationals List, the notice said. Eagle Shipping allegedly provided transportation services from Burma to Singapore for a “land reclamation project” for Myawaddy that involved transactions worth about $1.8 million.

The C-Band Alliance's "vast and unique knowledge" and operating expertise are why it should be named clearing coordinator overseeing the operational aspects of clearing and transitioning C-band spectrum to 5G, it said in an FCC docket 18-122 posting Friday. Also in the plus column is all the preparation its satellite members have done planning for a transition to 5G from fixed satellite service, it said. Each satellite operator "uniquely understands its own operations, each also understands what must be done to clear a portion of the C-band for 5G use," it said. CBA said it backed the FCC or a third party being "a 'traditional' independent transition facilitator," doing such administrative functions as oversight of fund distribution. In a posting recapping meetings with FCC personnel including General Counsel Tom Johnson, CBA, Intelsat and SES said they discussed agency authority to require C-band auction winners to agree to pay for accelerated clearing as a condition of their participation, and to receive an initial license conveying terrestrial mobile rights. CBA said it met with staffers including Nick Degani, FCC Chairman Ajit Pai senior counsel, about its ability to facilitate a C-band transition and how it should be compensated for that work. It met with staffers including Office of Economics and Analytics acting Chief Giulia McHenry and Wireless Bureau Chief Donald Stockdale about how space and ground clearing of the band need to be done jointly and clearing the first 120 MHz is nearly as much work as clearing the next 180 MHz. The consortium said steps to be done to clear that first tranche in 18 months include reassigning Alaska traffic into the lower 120 MHz, which in turn will involve site visits to remote areas for re-pointing or installing new antennas; finalizing development of a switchable filter for 120 MHz for vessels; migrating services on international satellites that have services landing in the lower 48 states to the lower 300 MHz; deploying antennas and other equipment at receive earth station sites needed to move customers; migrating all video managed platforms above 3.82 GHz; and installing 34,000 filters designed specifically for 5G operations in the first 100 MHz in all antennas located in 46 of the top 50 partial economic areas and surrounding areas.

The FCC Wireless Bureau sought comment on a petition by the Department of Hawaiian Home Lands for waiver of entity eligibility rules to apply for 2.5 GHz licenses during the upcoming tribal window (see 2001150072). Comments are due Feb. 10, replies Feb. 20 in docket 20-21. The Bureau of Indian Affairs maintains a list of federally recognized tribal entities, which doesn’t list any in Hawaii, the bureau said Friday.

The tribal window to apply for 2.5 GHz licenses was a big topic last month at a conference the American Indian Policy Institute (AIPI) hosted at Arizona State University with the National Tribal Telecommunications Association and Gila River Telecommunications, AIPI filed, posted Wednesday in FCC docket 18-120. AIP said tribes are grateful for the opportunity to get free spectrum licenses, but the 2.5 GHz band won’t solve the digital divide in their areas. Attendees opposed “adoption of a rural Tribal Lands definition, which excludes Tribal lands that are not located in an urbanized area with a population of less than 50,000 people,” AIPI said: “This decision abrogates the Commission’s federal trust responsibility to all Tribal Nations -- which applies regardless of population density -- in that it arbitrarily and disproportionately affects Tribal Nations and their respective citizens and communities.” All future spectrum opportunities “should be acted upon consistent with the trust responsibility the Commission has with all Tribal Nations,” the institute said. The 2.5 GHz band is also limited, the filing said: “A Tribal Priority should be analyzed for extension to all commercial licenses, given the communications challenges facing Tribal Nations.” The FCC’s six-month window opens Feb. 3 (see 2001140059).

Clarity Products seeks exclusion from tariffs it pays on the amplified cordless phones imported from China under the 8517.11.00.00 subheading, posted the Tennessee vendor Thursday in the Office of the U.S. Trade Representative docket. The phones’ audio systems also have “frequency adjustment, noise suppression and multiband compression to help those with hearing loss,” said Clarity. Chinese manufacturers of “regular” cordless phones could do “small production runs” for Clarity at “economical prices,” it said. Clarity is “researching moving production to Malaysia and Vietnam, but this is unviable at this time given the company’s small volumes,” it said. It “explored” making amplified phones in a production facility it runs in Chattanooga, “but it is not economical,” it said. If Clarity lands the exemption, it would be entitled to refunds of the 15 percent tariffs retroactive to Sept. 1 when List 4A took effect. USTR is scheduled to roll back List 4A to 7.5 percent Feb. 14 (see 2001160022).