[arrl-odv:30719] Update on Regulatory Matters
CONFIEDNTIAL Attorney-Client Privileged NOT FOR DISCLOSURE Below is a brief summary of regulatory matters that have changed in the past 30 days. This updates my report to the Board dated July 15, 2020. 1. 3.45 – 3.5 GHz * Last Monday (Aug. 10) an agreement was announced between DoD and FCC, via the White House, for DoD/Commercial sharing of the 3.45 – 3.55 GHz band. The FCC staff is busy writing auction rules for this band and intend to initiate the proceeding “ASAP” (as early as the FCC’s September 30th meeting) so that an auction can be completed and licensing commenced in 2022. * While spectrum below 3.45 GHz was not addressed in the DoD / FCC “agreement”, the FCC staff has expedited their work on a Report and Order that addresses the entire 3.3-3.55 GHz band (Docket 19-348). I understand that the intent is to have all the 3.3-3.55 GHz band issues decided when adopting the Notice for auctioning rules, again, as early as the Commission’s meeting scheduled for September 30. Initial indication is that the staff is proposing to adopt the original proposal to delete the amateur and amateur satellite secondary bands throughout this spectrum, even though there will be no immediate change below 3.45 GHz until another DOD / commercial agreement can be reached. I plan some meetings with FCC staff on this in the immediate future to put forward the case for leaving the amateur secondary allocation. Obviously this will be an uphill struggle, as we have recognized all along, but it is not hopeless. 1. 5.9 GHz I have received several calls from the Deputy Assistant Secretary at the U.S. Department of Transportation (DOT) and her assistant, who is a licensed but inactive radio amateur (and former ARRL member). DOT would like ARRL to support in some way DOT’s request to the FCC to preserve the 5.9 GHz spectrum for automobile safety applications – in other words, reject the proposal to allocate some to WiFi and some for automobile uses. The FCC proposal to make the channge was passed on a unanimous bi-partisan vote and notably proposed to leave intact the secondary amateur allocation (unlike at 3.4 GHz, above). Since the proposal was made last December there has been a lot of back-and-forth between the tech and wireless industries and the automobile industry and Transportation Department. I will be discussing this to the Executive Committee within the next several weeks. FCC action is not expected until at least the end of the year. 1. ARRL Bandplan A draft petition for rulemaking to request impelementation of the band plan passed by the Board in mid-July is being prepared and is expected to be completed for filing this month. 1. FCC Office Move and Attendance During preparations to move, several FCC staffers were diagnosed with COVID-19. Staff access to the headquarters building was suspended, and the move to new offices is now scheduled for early September. However, return of staff has been delayed. Staff able to work from home have been told that no mandatory office attendance will be required until at least June, 2021. 1. FCC Commissioner O’Rielly’s re-nomination pulled; NTIA Adninistrator Replaced Last Monday there were leadership changes at both spectrum agencies. The NTIA Adminstrator abruptly returned to his staff position and a new Acting Administraor was named (the third in 15 months); and Republican FCC Commissioner O’Rielly, who has played a prominent role on 5G and other spectrum matters, had his re-nomination pulled back by President Trump after it had been approved by the Senate Commerce Committee and was awaiting clearance for consideration by the full Senate. While some Senators are said to be working to try to obtain reversal of the President’s action, without a change, O’Rielly must depart by the day that the Congressional Session adjourns in December, 2020. Just yeserday the White House began informally circulating the name of an NTIA advisor who served on the FCC transition team and is said to be under consideration to replace O’Rielly. But with Congress out of session until mid-September, most do not believe that a new person can be confirmed before next year. The FCC will be at a 2-2 partisan divide when O’Rielly leaves. (O’Rielly himself has not said whether he will leave before being forced to depart in December.) The impact for amateur radio matters of O’Rielly’s departure and the extended work-at-home orders for FCC staff is more delay. 1. City of Portland v. FCC. On Wednesday (Aug. 12) the 9th Circuit Court of Appeals upheld most aspects of FCC authority to pre-empt state and local regulation of the antennas and towers used by wireless carriers. While the case is based on statutory provisions that are not directly applicable to amateur radio antennas and towers, there is some language in the case that might be of interest when arguing for similar pre-emption. Unreasonable fees, denials based upon aesthetic concerns, and delays for approval all are addressed. The court struck down only the FCC’s aesthetic criteria preemption because the Commission seemingly did not limit its application to “similarly-situated” entities and structures. A copy of the case is attached. 73, and for those traveling, safe journeys, Dave David R. Siddall Managing Partner DS Law, PLLC 1629 K St. NW, Ste 300 Washington, DC 20006 direct: +1 202 559 4690 Unauthorized Disclosure Prohibited. This e-mail is intended solely for the intended recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.
Thank you David. The Portland decision was well received by the commissioners, as they all posted about it on Twitter. I wonder if Dick’s 5G lady friend has a response? Her blood must be evaporating. 73 Ria, N2RJ On Fri, Aug 14, 2020 at 9:11 PM david davidsiddall-law.com < david@davidsiddall-law.com> wrote:
*CONFIEDNTIAL*
*Attorney-Client Privileged*
*NOT FOR DISCLOSURE*
Below is a brief summary of regulatory matters that have changed in the past 30 days. This updates my report to the Board dated July 15, 2020.
1. *3.45 – 3.5 GHz*
1. Last Monday (Aug. 10) an agreement was announced between DoD and FCC, via the White House, for DoD/Commercial sharing of the 3.45 – 3.55 GHz band. The
FCC staff is busy writing auction rules for this band and intend to initiate the proceeding “ASAP” (as early as the FCC’s September 30th meeting) so that an auction can be completed and licensing commenced in 2022. 2. While spectrum below 3.45 GHz was not addressed in the DoD / FCC “agreement”, the FCC staff has expedited their work on a Report and Order that addresses
the entire 3.3-3.55 GHz band (Docket 19-348). I understand that the intent is to have all the 3.3-3.55 GHz band issues decided when adopting the Notice for auctioning rules, again, as early as the Commission’s meeting scheduled for September 30. Initial
indication is that the staff is proposing to adopt the original proposal to delete the amateur and amateur satellite secondary bands throughout this spectrum, even though there will be no immediate change below 3.45 GHz until another DOD / commercial agreement
can be reached.
*I plan some meetings with FCC staff on this in the immediate future to put forward the case for leaving the amateur secondary allocation. * Obviously this will be an uphill struggle, as we have recognized all along, but it is not hopeless.
1. *5.9 GHz*
I have received several calls from the Deputy Assistant Secretary at the U.S. Department of Transportation (DOT) and her assistant, who is a licensed but inactive radio amateur (and
former ARRL member). DOT would like ARRL to support in some way DOT’s request to the FCC to preserve the 5.9 GHz spectrum for automobile safety applications – in other words, reject the proposal to allocate some to WiFi and some for automobile uses. The
FCC proposal to make the channge was passed on a unanimous bi-partisan vote and notably proposed to leave intact the secondary amateur allocation (unlike at 3.4 GHz, above). Since the proposal was made last December there has been a lot of back-and-forth
between the tech and wireless industries and the automobile industry and Transportation Department. I will be discussing this to the Executive Committee within the next several weeks. FCC action is not expected until at least the end of the year.
1. *ARRL Bandplan*
A draft petition for rulemaking to request impelementation of the band plan passed by the Board in mid-July is being prepared and is expected to be completed for filing this month.
1. *FCC Office Move and Attendance*
During preparations to move, several FCC staffers were diagnosed with COVID-19. Staff access to the headquarters building was suspended, and the move to new offices is now scheduled
for early September. However, return of staff has been delayed. Staff able to work from home have been told that no mandatory office attendance will be required until at least
*June, 2021. *
1. *FCC Commissioner O’Rielly’s re-nomination pulled; NTIA Adninistrator Replaced*
Last Monday there were leadership changes at both spectrum agencies. The NTIA Adminstrator abruptly returned to his staff position and a new Acting Administraor was named
(the third in 15 months); and Republican FCC Commissioner O’Rielly, who has played a prominent role on 5G and other spectrum matters, had his re-nomination pulled back by President Trump after it had been approved by the Senate Commerce Committee and was awaiting
clearance for consideration by the full Senate. While some Senators are said to be working to try to obtain reversal of the President’s action, without a change, O’Rielly must depart by the day that the Congressional Session adjourns in December, 2020. Just
yeserday the White House began informally circulating the name of an NTIA advisor who served on the FCC transition team and is said to be under consideration to replace O’Rielly. But with Congress out of session until mid-September, most do not believe that
a new person can be confirmed before next year. The FCC will be at a 2-2 partisan divide when O’Rielly leaves. (O’Rielly himself has not said whether he will leave before being forced to depart in December.) The impact for amateur radio matters of O’Rielly’s
departure and the extended work-at-home orders for FCC staff is more delay.
1. *City of Portland v. FCC**.*
On Wednesday (Aug. 12) the 9th Circuit Court of Appeals upheld most aspects of FCC authority to pre-empt state and local regulation of the antennas and towers used by wireless
carriers. While the case is based on statutory provisions that are not directly applicable to amateur radio antennas and towers, there is some language in the case that might be of interest when arguing for similar pre-emption. Unreasonable fees, denials
based upon aesthetic concerns, and delays for approval all are addressed. The court struck down only the FCC’s aesthetic criteria preemption because the Commission seemingly did not limit its application to “similarly-situated” entities and structures. A
copy of the case is attached.
73, and for those traveling, safe journeys,
Dave
*David R. Siddall*
*Managing Partner*
*DS Law, PLLC*
*1629 K St. NW, Ste 300 <https://www.google.com/maps/search/1629+K+St.+NW,+Ste+300+%0D%0A+Washington,+DC+20006?entry=gmail&source=g>*
*Washington, DC 20006 <https://www.google.com/maps/search/1629+K+St.+NW,+Ste+300+%0D%0A+Washington,+DC+20006?entry=gmail&source=g>*
*direct: +1 202 559 4690*
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*Unauthorized Disclosure Prohibited.* This e-mail is intended solely for the intended
recipient(s) and may contain information that is proprietary, confidential or privileged. If you are not the intended recipient, it is prohibited to disclose, copy, distribute, or use the contents of this email and its attachments. If you received this e-mail
in error, please notify the sender by reply e-mail and destroy all electronic and physical copies of the e-mail message and its attachments. Unintended transmission shall not constitute waiver of attorney-client or any other privilege. Thank you.
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