900 MHz Petition

Last week, the Telecommunications Subcommittee of the American Petroleum Institute filed Comments opposing a Petition for Rulemaking filed earlier this year by M2M Spectrum Networks.  M2M asks for authority to use 900 MHz business/industrial/land transportation channels to provide for-profit service to entities eligible to use those frequencies.  API opposed the Petition because of the industry’s reliance on 900 MHz systems to support critical operational, security, maintenance and safety-related functions.  Reply comments must be filed by October 6.  The Utilities Telecom Council, another critical infrastructure industry association, also filed comments opposing the Petition.

Broadband Preemption

The State of Tennessee filed a Brief with the Sixth Circuit Court of Appeals last week in response to an Order issued by the Commission earlier this year. The Order granted petitions to preempt state laws in Tennessee and North Carolina that prevented municipal broadband providers Electric Power Board (EBP) in Chattanooga, Tennessee and the City of Wilson, North Carolina from expanding their broadband networks and service beyond their authorized service areas.  In its Brief, the State of Tennessee argued that the FCC exceeded its authority and encroached upon the state’s right to regulate municipalities within its borders.

3.5 GHz Petitions

The FCC issued a Public Notice last week seeking comment on several Petitions for Reconsideration filed in response to the FCC’s Report and Order governing the 3.5 GHz band.  The Report and Order, released in April but not published in the Federal Register until June 23, established the Citizens Broadband Radio Service in 150 MHz of contiguous spectrum at 3.550-3.700 GHz.  The Petitions urged the Commission to reconsider various portions of its new rules.  For instance, CTIA – The Wireless Association asked the Commission to extend the license terms for Priority Access Licenses to five years and increase power limits to allow for additional indoor and outdoor coverage.

FCC Pole Attachment Order Circulating

A pole attachment rates order reportedly was circulating among the FCC Commissioners’ offices last week. Earlier this year, the Wireline Competition Bureau sought to “refresh” the record on petitions seeking reconsideration of the April 2011 Pole Attachment order’s decision to lower the telecom attachment rate to the level of the cable rate.