Federal Agencies
Panelists Critique Common Claims Agencies Use to Oppose FCC’s Ligado Decision

June 24, 2020 — The conflict over the Federal Communications Commissions’ Ligado decision, which continues to be disputed by the Department of Defense and the Department of Transportation, has exposed a fault line in the spectrum allocation decision-making process.
“Why are the agencies behaving this way?,” Public Knowledge Senior Vice President Harold Feld asked at a Tuesday webinar hosted by Public Knowledge and the Lincoln Network. “The decision making process that has been working for two decades is being torn away by these agencies.”
Joel Thayer, telecommunications expert and attorney at Phillips Lytle LLP, said that “unfortunately, the Department of Defense is only taking their own parochial interest into account.”
In spite of the continued pushback towards the FCC’s decision, the agency did everything they could have, panelists said.
Feld argued that the Department of Defense, which has the most spectrum of any federal agency, may be concerned about losing control of crucial telecommunications resources.
“If the FCC does its job reallocating spectrum, the Department of Defense may be at a disadvantage in future fights,” Feld said.
The panelists attempted to debunk the common arguments and misinformation spread in opposition to the Ligado decision.
One such critique was that the Ligado decision was made in a hurried fashion, as the FCC announced its decision on a Sunday.
Panelists called this critique laughable, as the FCC’s decision actually took longer than expected and deliberations have been ongoing for 17 years.
“[This critique] reflects a basic unfamiliarity with how the FCC works, as the vast majority of items are voted on in circulation,” Feld said. “People arguing this are deliberately trying to mislead people.”
Other critics have claimed that the Ligado decision will slow down 5G deployment.
Daniel Hoffman, fellow at the Belfer Center for Science and International Affairs, discredited this argument, explaining that the fastest way to 5G deployment is through utilization of the L-band, which is what Ligado is proposing to do.
“The only hold up is this bureaucratic sinkhole that we’re in,” Hoffman said.
The final critique commonly used against the Ligado decision was that widespread harmful interference would result from the decision.
After utilizing several different tests to understand if there would be harmful interference, the FCC found that no interference was occurring.
To mitigate the concerns of other agencies, the FCC added additional safeguards to the decision to lower the risk of interference.
For example, the agency dedicated an additional 23 megahertz of space between Ligado’s part of the spectrum and the area used by neighboring agencies to create a guard band. Further, the FCC lowered the company’s base station power levels to 9.8 decibel watts.
“People are unaware of how much the FCC mandated to make the allocation safe,” Hoffman said.
“The decision-making problem that has been developing is damaging to the future of 5G and the future of wireless,” Thayer said, calling for White House intervention.
“We need to ask, what does the Department of Defense want out of this? What does Congress want out of this? And what’s good for innovation?” Feld concluded.
FCC
Carrier Association Requests Reconsideration of FCC Decision on 911 Outage Notification
The CCA says the FCC order creates burdens on call providers and 911 special facilities.

WASHINGTON, March 21, 2023 – The Competitive Carriers Association is asking the Federal Communications Commission to reconsider a November decision requiring carriers to provide certain network outage notifications within 30 minutes.
The FCC order mandates that originating call providers notify 911 special facilities – such as emergency call centers called public safety answering points – of outages “no later than within 30 minutes of when the outage that potentially affects 911 service is discovered.” The order also required those providers to keep up-to-date contact information for those special facilities in areas they serve.
In a petition on Friday, the CCA is asking for the FCC to review and implement flexibility in that timing. “The significant new requirements that the Commission has imposed on carriers…are likely to be burdensome and counter-productive not only for carriers, but also 911 special facilities,” the CCA said in its application, though it continues to encourage the commission to retain the “as soon as possible” requirement.
“At a minimum, however, the Commission should start the 30-minute timer (and subsequent timers) when actual originating service provider…notification occurs from its vendor or other underlying provider,” the CCA said, adding even then carriers “would face significant difficulty assessing the outage, identifying the appropriate” public safety answering points to notify, and making the required notifications within 30 minutes.
“Therefore, it would be appropriate to deem [originating call providers] compliant if they begin notifying affected PSAPs that an outage exists within the 30- minute timeframe, and continue to notify any PSAPs that the OSPs could not reach before the expiration of the 30-minutes,” the industry association added.
The association said the problem with the decision is it doesn’t account for the “practical difficulty (if not impossibility)” of getting a vendor notification, determining which of the thousands of answering points may be affected by the outage, and making the required notification in that timeframe. It said carriers frequently don’t get outage notifications from 911 solution vendors within 30 minutes.
“The unnecessarily rigid approach in the [order] will often make compliance an impossibility, and otherwise will require carriers to spend critical time and resources on notifications to PSAPs that are not affected by outages, and will subject PSAPs to frequent notifications regarding outages that do not affect them, with limited actionable information given the short deadline,” the CCA added.
The CCA is also requesting that the commission create and maintain a centralized database with information provided by the 911 special facilities. It notes that the FCC order fails to fully take into consideration the burden its approach will place on carriers, especially smaller ones with limited resources, and PSAPs, who are “likely to experience a recurring deluge of requests for updated contact information from numerous carriers subject to this amorphous standard.”

WASHINGTON, March 7, 2023 – The nominee for the fifth commissioner to the Federal Communications Commission withdrew her candidacy in a statement Tuesday, blaming “dark money political groups” for tainting her career.
“Unfortunately, the American people are the real losers here,” Gigi Sohn said in the statement. “The FCC deadlock, now over two years long, will remain so for a long time. As someone who has advocated for my entire career for affordable, accessible broadband for every American, it is ironic that the 2-2 FCC will remain sidelined at the most consequential opportunity for broadband in our lifetimes.”
Just last month, Sohn appeared before the Senate commerce committee for a third time and was lambasted by Republican members as an impartial nominee who has made controversial public statements on race and policing and who alleged gave money to members of the committee while being a nominee.
“When I accepted his nomination over sixteen months ago, I could not have imagined that legions of cable and media industry lobbyists, their bought-and-paid-for surrogates, and dark money political groups with bottomless pockets would distort my over 30-year history as a consumer advocate into an absurd caricature of blatant lies,” Sohn’s statement said. “The unrelenting, dishonest and cruel attacks on my character and my career as an advocate for the public interest have taken an enormous toll on me and my family.”
She appealed to the committee to hurry her to the Senate floor for votes so she can get to work on the FCC’s broadband availability map. She said in her statement that her withdrawal also means the commission won’t have the majority to adopt rules on nondiscriminatory access to broadband and to fix the Universal Service Fund programs.
Sohn was nominated for a second time by President Joe Biden in January.
“I hope the President swiftly nominates an individual who puts the American people first over all other interests,” she added in the statement. “The country deserves nothing less.”
Digital Inclusion
NTIA Seeks Comment on How to Spend $2.5 Billion in Digital Equity Act
National Telecommunications and Information Administration is seeking comment on how to structure the programs.

WASHINGTON, March 1, 2023 – The National Telecommunications and Information Administration announced Wednesday that it is seeking comment on how to structure the $2.5 billion that the Digital Equity Act provides to promote digital equity and inclusion.
As part of the Infrastructure Investment and Jobs Act, the Digital Equity Act consists of two sub-programs, the State Digital Equity Capacity grant and the Digital Equity Competitive grant. Comments will guide how the NTIA will design, regulate, and evaluate criteria for both programs.
“We need to hear directly from those who are most impacted by the systemic barriers that prevent some from fully utilizing the Internet,” Secretary of Commerce Gina Raimondo said Wednesday at the National Digital Inclusion Alliance’s Net Inclusion event in San Antonio.
See Commerce Secretary Raimondo’s remarks at Net Inclusion:
The request for comment is part of NTIA’s strategy to hear diverse perspectives in implementing its goal to ensure every American has the skills and capacity needed to reap the benefits of the digital economy, stated a press release.
The $1.44 billion State Digital Equity Capacity grant will fund implementation of state digital equity plans which will strategically plan how to overcome barriers faced by communities seeking to achieve digital equity.
Simply making investments in broadband builds is not enough, said Veneeth Iyengar, executive director of ConnectLA, speaking at a Brookings Insitution event in December. Bringing digital equity means “driving adoption, digital skills, and doing the kinds of things that we need to do to tackle the digital divide.”
The $1.25 billion Digital Equity Competitive grant program will fund anchor institutions, such as schools, libraries, and nonprofits, in offering digital inclusion activities that promote internet adoption.
“Community-anchor institutions have been and are the connective tissue that make delivering high-speed internet access possible,” said Alan Davidson, head of the NTIA at AnchorNets 2022 conference.
This announcement follows dissent on the definition of digital discrimination. Commenters to the Federal Communications Commission disagree on whether the intent of a provider should be considered when determining if the provider participated in digital discrimination. There has been no response from the FCC.
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