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FCC and NTIA Release Updated Coordination Memorandum

The document includes information about how often the agencies will meet and when they’ll get involved in proposed actions.

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Photo of Alan Davidson of the NTIA

WASHINGTON, August 2, 2022 – The heads of the Federal Communications Commission and the National Telecommunications and Information Administration announced Monday the updated memorandum of understanding to coordinate spectrum policy uses, which includes how often they will meet and when they can get involved in proposed actions.

The FCC and NTIA announced in February that they would update the MOU from 2003 as the two agencies worked to coordinate on spectrum policy uses for federal and private users. The updated MOU outlines the agreement between the two agencies to promote the efficient use of the radio spectrum for the public interest.

The memorandum specifies that the assistant secretary for communications and information at the NTIA and the chair of the FCC are to meet, at least quarterly, to conduct joint spectrum planning with respect to management policies, requirements, licenses, and other spectrum related matters.

Furthermore, the staff at the FCC and NTIA will meet monthly to exchange information of mutual interest. The FCC will cooperate with the NTIA on all proposed actions that could potentially interfere with federal operations and the NTIA will cooperate with the FCC for actions that will affect non-federal operations.

Harold Feld, senior vice president at non-profit advocacy group Public Knowledge, commended this step, saying in a statement that, “this agreement will make it possible for the United States to move forward on future wireless technologies, such as 6G and Wi-Fi 7, while protecting public safety and critical federal operations.”

Public Knowledge said in press release that the agreement addresses the root cause of growing tension between the FCC and federal agencies.

The memorandum comes after the industry and the Federal Aviation Administration earlier this year butt heads over whether 5G deployments could be turned on around airports. The FAA said that such a decision would jeopardize plane’s navigational instruments, and large carriers agreed to freeze the deployments until further study can be done. Some observers said the crisis was a result of a lack of federal coordination.

The two agencies that signed the memorandum have a long history of cooperation to ensure spectrum decisions encourage economic growth and national security. The FCC has authority to regulate non-federal government use of spectrum. The NTIA has authority to regulate federal government use of spectrum and advises the president on telecommunications policies.

Reporter Teralyn Whipple studied business at Brigham Young University. She has a love for the people in the Washington area, and hopes to share her love for people through her writing.

5G

Innovation Fund’s Global Approach May Improve O-RAN Deployment: Commenters

The $1.5 billion Innovation Fund should be used to promote global adoption, say commenters.

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Illustration about intelligent edge computing from Deloitte Insights

WASHINGTON, February 2, 2023 – A global approach to funding open radio access networks will improve its success in the United States, say commenters to the National Telecommunications and Information Administration.

The NTIA is seeking comment on how to implement the $1.5 billion appropriated to the Public Wireless Supply Chain Innovation Fund as directed by the CHIPS and Science Act of 2022. The grant program is primarily responsible for supporting the promotion and deployment of open, interoperable, and standards-based radio access networks. 

Radio access networks provide critical technology to connect users to the mobile network over radio waves. O-RAN would create a more open ecosystem of network equipment that would otherwise be reliant on proprietary technology from a handful of companies.  

Global RAN

Commenters to the NTIA argue that in order for O-RAN to be successful, it must be global. The Administration must take a “global approach” when funding projects by awarding money to those companies that are non-U.S.-based, said mobile provider Verizon in its comments.  

To date, new entrants into the RAN market have been the center for O-RAN development, claimed wireless service provider, US Cellular. The company encouraged the NTIA to “invest in proven RAN vendors from allied nations, rather than focusing its efforts on new entrants and smaller players that lack operational expertise and experience.” 

Korean-based Samsung Electrontics added that by allowing trusted entities with a significant U.S. presence to compete for project funding and partner on those projects, the NTIA will support standardizing interoperability “evolution by advancing a diverse global market of trusted suppliers in the U.S.” 

O-RAN must be globally standardized and globally interoperable, Verizon said. Funding from the Public Wireless Innovation Fund will help the RAN ecosystem mature as it desperately needs, it added.  

Research and development

O-RAN continues to lack the maturity that is needed for commercial deployment, agreed US Cellular in its comments. The company indicated that the complexity and costliness of system integration results from there being multiple vendors that would need to integrate but are not ready for full integration. 

Additionally, interoperability with existing RAN infrastructure requires bi-lateral agreements, customized integration, and significant testing prior to deployment, the comment read. The complicated process would result in O-RAN increasing the cost of vendor and infrastructure deployment, claimed US Cellular, directly contrary to the goals of O-RAN. 

Several commenters urged the NTIA to focus funding projects on research and development rather than subsidizing commercial deployments.  

The NTIA is already fully engaged in broadband deployment in unserved and underserved areas through its Broadband Equity, Access and Deployment program, said Verizon. The Innovation Fund will better advance its goals by funding projects that accelerate the solving of remaining O-RAN technical challenges that continue to delay its deployment, it continued. 

US Cellular argued that the NTIA should “spur deployment of additional independent testing and certification lab facilities… where an independent third party can perform end to end testing, conformance, and certification.” 

The Innovation Fund should be used to focus on technology development and solving practical challenges, added wireless trade association, CTIA. Research can focus on interoperability, promotion of equipment that meets O-RAN specifications, and projects that support hardware design and energy efficiency, it said. 

Furthermore, CTIA recommended that the Administration avoid interfering in how providers design their networks to encourage providers to adopt O-RAN in an appropriate manner for their company. Allowing a flexible, risk-based approach to O-RAN deployments will “help ensure network security and stability,” it wrote. 

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FCC

Proposed Rules to Improve National Alert System Unnecessary, Say Critics

Proposed rules to improve EAS security and operational readiness are unnecessary, say commenters.

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Photo of Federal Emergency Management Agency

WASHINGTON, January 18, 2023 – Participants to the national public warning system claim that the Federal Communications Commission’s October rulemaking to improve its security and operational readiness will unduly increase resource and monetary burdens on participants. 

The national warning system is composed of the Emergency Alert System, which transmits important emergency information to affected areas over television and radio, and the Wireless Emergency Alert System, which delivers that information to the public on their wireless devices. Participation in the system is voluntary for wireless providers, but radio and television broadcasters are required to deliver Presidential alerts via the EAS. 

In the Notice of Proposed Rulemaking, the FCC sought comment on ways to strengthen the operational readiness of the warning system by requiring EAS participants to report compromises of equipment and WEA participants to annually certify to having a cybersecurity risk management plan in place. It further asked that commercial mobile service providers “take steps to ensure that only valid alerts are displayed on consumer devices,” citing several instances where false alerts were given following a system hack. 

Measures are unnecessary 

Participants argued that such measures are unnecessary in reply comments to the Commission.  

The proposals in the Notice are “unnecessary and will not meaningfully enhance operational readiness or security of EAS,” stated the National Association of Broadcasters in its comments, claiming that the Notice “presents only scant evidence of EAS equipment failures and new security threats, and thus does not justify the myriad measures proposed.” 

Furthermore, NAB claimed, the notice fails to present a clear rationale for how the Commission’s heightened situational awareness would improve EAS readiness. 

ACA Connects, a trade association representing small and mid-sized telecom and TV operators, added that the Notice identifies only two EAS security breaches in the past ten years, which, as the company said, is “hardly an epidemic.” 

Participating mobile service providers have cyber risk management plans in place already, making any separate cyber certification requirement for WEA unnecessary and likely to cause fragmentation of service-specific plans, claimed wireless trade association, CTIA. 

Increased participant burden 

The Federal Emergency Management Agency, which is responsible for national-level activation and tests of the systems, stated in its comments that it is concerned about the potential increased burden placed upon participants. 

EAS participants voluntarily and at no cost provide state and local alerts and mobile service providers voluntarily participate in WEA without compensation. FEMA argued that some stakeholders may “have difficulty justifying additional resources necessary to comply with increasing regulation.” 

The proposed reporting, certification, and cyber management obligations are far too complex for many EAS participants to implement, stated NAB, claiming that the Commission’s estimation of costs are “wildly unrealistic,” not considering additional hires such a plan would require. 

Mobile provider AT&T added that requirements for updating cybersecurity plans would divert valuable resources from the ongoing, broad cybersecurity efforts that participants engage in daily. The proposed authentication would inhibit the timely release of critical emergency alerts without completely eliminating false WEA messages, it continued.  

The Center for internet Security, however, supported the FCC’s proposed actions, claiming that it moves forward with “critically important” measures to protect the nation’s alert systems from cyber threats. 

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Funding

CES 2023: NTIA to Address Broadband, Spectrum, and Privacy, Says Alan Davidson

Alan Davidson asserted that marginalized communities are harmed disproportionately by privacy violations.

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Photo of NTIA Adminstrator Alan Davidson

LAS VEGAS, January 7, 2023 – The National Telecommunications and Information Administration’s 2023 priorities will include the funding and facilitation of states’ broadband deployment programs, the development of a national spectrum policy, and actions to protect the privacy of marginalized groups, said Administrator Alan Davidson at the Consumer Electronics Show on Saturday.

The NTIA’s most high-profile task is to oversee the operations of the Broadband Equity, Access, and Deployment program, a $42.45 billion slush fund for broadband-infrastructure deployments which will be divided among the governments of states and U.S. territories. Those governments will administer final distribution of the BEAD funds in accordance with the NTIA’s guidelines.

“This is our generation’s big infrastructure moment,” Davidson said. “This is our chance to connect everybody in the country with what they need to thrive in the modern digital economy, and we are going to do it.”

Davidson reiterated his agency’s stated intention to develop a comprehensive national spectrum strategy to facilitate the various spectrum interests of government and private industry. To allocate spectrum in a manner that fulfills federal needs and stimulates the growth of innovators, largely in the sector of 5G, the NTIA – the administrator of federally used spectrum – must coordinate with the Federal Communications Commission – the administrator of other spectrum.

Calling for a national privacy law, Davidson asserted that marginalized communities are harmed disproportionately by privacy violations. He stated that the NTIA will, possibly within weeks, request public comment on “civil rights and privacy.”

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