Telecommunications Administration and Regulation Alert for April

Industry Players Voice 6 GHz Interference Concerns

In an ex parte letter filed last week, the Edison Electric Institute, Enterprise Wireless Alliance, International Association of Fire Chiefs, and Utilities Technology Council raised concerns about the risk of interference to primary, licensed, fixed facilities in the 6 GHz band from secondary, unlicensed devices. Specifically, the groups noted that the interference complaint procedures being developed by 6 GHz Automated Frequency Coordination (“AFC”) system operators will not include input from incumbent industry players that are most likely to be affected by interference. Moreover, the groups are concerned about AFC operators’ ability to change their software parameters without approval or adherence to specified standards. 

Antenna Structure Inspection Exemption

The FCC granted a petition for exemption from 47 CFR § 17.47(b), which requires antenna structure owners to conduct quarterly inspections of certain lighting systems, to Vertical Bridge REIT, LLC (“Vertical Bridge”) and Drake Services, Inc. (“Drake”). 47 CFR § 17.47(c) includes an exemption from the inspection requirement for systems that the Wireless Telecommunications Bureau has found to include self-diagnostic features sufficient to make the inspections unnecessary. The Commission also established an expedited process by which other uses of the Drake system may apply for an exemption. 

$10,000 Penalty for Violations of BDC and Broadband DATA Act

The FCC enforcement bureau entered into a consent decree with Jefferson County Cable TV Inc. (“Jefferson County Cable”) for violations of the Broadband Data Collection (“BDC”) and the Broadband Deployment Accuracy and Technology Availability Act (“Broadband DATA Act”). The BDC collects geographically precise data on broadband service deployment and the Broadband DATA Act requires reports on the availability and quality of broadband Internet access service. The Commission alleged that Jefferson County Cable reported inaccurate information or data with respect to its ability to provide broadband Internet Access service. Jefferson County Cable will pay a $10,000 penalty and is required to implement enhanced compliance measures. 

NTIA Announces $811 Million in Digital Equity Act Funding

The National Telecommunications and Information Administration (“NTIA”) announced the allocation of approximately $811 million in funding to states, territories, and native entities for the provision of high-speed Internet service. The funding is made available pursuant to the Digital Equity Act and is to be used to implement digital equity plans, which are meant to identify the barriers to accessing and using digital resources and establish objectives to advance use of broadband technology. $760 million has been made available to the 50 states, Washington, D.C., and Puerto Rico, $45 million has been made available to native entities and $8.4 million has been made available to territories. 

Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright contributed to this article.