The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily lives. Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools and resources it needs to keep pace with this evolving landscape. This blog provides monthly updates on actions by federal regulatory bodies responsible for communications policy and Congressional efforts to support wireless connectivity. And this month we highlight the FCC’s grant of SpaceX’s request to provide direct-to-cell services from Starlink satellites using T‑Mobile spectrum so that T-Mobile customers can have access to wireless services where they do not have it today. 

Regulatory Actions and Initiatives 

The FCC Grants SpaceX Authority to Provide Supplemental Coverage from Space. On November 26, 2024, the FCC’s Space Bureau released an Order and Authorization that, among other things, permits SpaceX to provide Supplemental Coverage from Space (“SCS”) services using spectrum in the 1910-1915 MHz and 1990-1995 MHz bands that is currently licensed to T‑Mobile. The Space Bureau determined that SpaceX, through its lease arrangement with T‑Mobile, can use its Starlink satellites to “enable consumers outside the range of T-Mobile’s network to be connected while using their existing devices.” It also found that the SCS services provided by SpaceX “will yield many benefits, including an increase in access to emergency services in areas where consumers would otherwise not have the capability to access a terrestrial network to call or text 911, as evidenced, for example, through SpaceX’s provision of emergency SCS in areas affected by Hurricanes Helene and Milton.” The Space Bureau added that SpaceX and T‑Mobile’s SCS service is reflective of “an increase in innovation, investment, and competition in the marketplace” that the FCC has sought to encourage. 

Spectrum

The FCC Moves Forward with Allowing 5.9 GHz Spectrum to be Used for Automotive Safety. On November 20, 2024, the FCC adopted a Second Report and Order that establishes final technical rules for Cellular-Vehicle-to-Everything (“C-V2X”) operations in the 5.850-5.925 GHz (“5.9 GHz”) band. It also addresses the transition of Intelligent Transportation System (“ITS”) operations from Dedicated Short-Range Communications (“DSRC”) to C-V2X, including by finalizing the timeline for sunsetting the use of DSRC-based technology. Finally, the Order addresses whether to make additional spectrum available in the 5.9 GHz band for ITS use and whether to reimburse DSRC incumbents for transition costs. In a News Release accompanying the Order, Chairwoman Rosenworcel stated that the agency’s efforts to evolve the 5.9 GHz band “drive[] innovation in our wireless and transportation economies and can help keep us safe on our roadways when we walk, ride and drive.”

The FCC Permits AT&T to Use Sirius XM Satellites for Emergency Communications. The FCC’s Wireless Telecommunications Bureau (“WTB”) released an Order on November 25, 2024, that, among other things, permits AT&T (through the First Responder Network Authority (“FirstNet”)) to provide satellite-based emergency services generated through Sirius XM’s satellites. The Order contemplates that AT&T will assign its 2.3 GHz band spectrum licenses to Sirius XM, and AT&T can rely on Sirius XM’s satellites to provide its services. AT&T had previously been unable to put the 2.3 GHz band to productive terrestrial use because of the FCC’s adjacent-band interference rules, which were adopted to protect Sirius XM. According to the Order, AT&T presented a plan pursuant to which Sirius XM, once it became the licensee of the spectrum, would “lease the bandwidth at no cost to one or more public safety agencies, such as the Department of Homeland Security, the Federal Emergency Management Agency, and FirstNet, for one-way satellite-based emergency communications services originating from Sirius XM satellites.”

NTIA Submits NOAA Report on Shared Use of the 1675-1680 MHz Band. The National Telecommunications and Information Administration (“NTIA”) submitted a letter to the FCC, with a follow-on report from the National Oceanic and Atmospheric Administration (“NOAA”), regarding the potential shared use of the 1675-1680 MHz band between incumbent federal and new non-federal operations. The report, reflecting on a work plan previously described in an earlier report, presents findings regarding the cost of providing reasonable redundancy for NOAA’s key Data Collection System (“DCS”) downlink sites and alternative DCS distribution technologies. The report has NTIA’s support, and NTIA included a tool it developed that wireless carriers can use to coordinate operations with DCS and other protected facilities to avoid causing harmful interference.

Wireless Networks and Equipment

New FCC Hearing Aid Compatibility Requirements for Wireless Handsets Become Effective. The FCC’s Order adopting new hearing aid compatibility requirements for wireless handsets was published in the Federal Register on November 13, 2024, setting the compliance deadlines for some of the rules. After those deadlines pass, all wireless handset models offered for sale or use in the United States must be 100% hearing aid compatible. The WTB released a Public Notice reminding wireless service providers that, until the new rules are in effect, they must file an FCC Form 855 certifying their compliance with the FCC’s current hearing aid compatibility rules by January 31, 2025, for the period covering January 1, 2024, to December 31, 2024. The current rules only require wireless service providers to certify that at least 85% of the handsets they offer for sale or use are hearing aid compatible. 

NTIA Seeks to Form a Committee for the Public Wireless Supply Chain Innovation Fund. NTIA released a call for applications to serve on the Public Wireless Supply Chain Innovation Fund Advisory Committee (“IFAC”). The IFAC will advise the Secretary of Commerce and the NTIA Administrator on the administration of the Innovation Fund and technology developments to help inform (i) the strategic direction of the Innovation Fund, and (ii) the federal government’s efforts to promote a more secure, diverse, sustainable, and competitive supply chain. NTIA is looking, in particular, for technical experts “with strong open and interoperable network deployment experience, familiarity with 5G and successor wireless technologies, or expertise with specific applications of wireless technologies.” But during their service, applicants may not apply for, or have a financial interest in, the grants themselves. Successful applicants will serve a two-year term that will commence in approximately Spring 2025. Applications are due December 16, 2024.

NTIA Announces Listening Sessions on Open RAN. NTIA, on behalf of the Global Coalition on Telecommunications (“GCOT”), announced that it will hold a virtual industry listening session on Open RAN Certification Principles on December 3, 2024, from 9-11 a.m. EST. GCOT, which is comprised of various international agencies and focused on telecommunications supply chain diversification and 6G and future telecommunications, will collect stakeholder input to help inform the development of a voluntary framework of recommendations for the telecommunications industry to develop a robust Open RAN certification program. The key areas of the GCOT certification principles include: (i) certification governance and integrity, (ii) cost-effective implementation, and (iii) facilitating adoption. The meeting will be held virtually, with online slide share and dial-in information posted at https://www.ntia.gov. 

The FCC Provides Updates on Providers’ Supply Chain Reports. The FCC’s Office of Economics and Analytics released a Public Notice announcing updated, public results from its supply chain annual reports. Appendix A to the Public Notice lists the providers that reported covered equipment as of December 31, 2022. Appendix B lists the providers that reported covered equipment as of December 31, 2023.

The FCC Grants Additional Relief to Rip-and-Replace Support Recipients. The FCC’s Wireline Competition Bureau released a Public Notice on November 26, 2024, announcing that it has granted seven requests for extension of support recipients’ rip-and-replace deadlines. The grant of these requests continues to be based on funding and supply chain issues.