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Tag: FCC

  • FCC to Boost Cellular/Satellite Communication Adoption

    FCC to Boost Cellular/Satellite Communication Adoption

    T-Mobile and SpaceX’s efforts to join cellular and satellite phone service are getting a bit of help from the FCC.

    The FCC has unveiled “a new regulatory framework to facilitate innovative collaborations between satellite operators and wireless companies.” The framework will help cellular operators better tap into the growing network of satellites being used for internet service.

    T-Mobile and SpaceX announced a deal for the nation’s second-largest carrier to use SpaceX’s Starlink satellite constellation to help provide coast-to-coast coverage in the US.

    “We’ve always thought differently about what it means to keep customers connected, and that’s why we’re working with the best to deliver coverage above and beyond anything customers have ever seen before,” said Mike Sievert, CEO and president of T-Mobile, said at the time of the announcement. “More than just a groundbreaking alliance, this represents two industry-shaking innovators challenging the old ways of doing things to create something entirely new that will further connect customers and scare competitors.”

    The FCC’s proposed framework would make it easier for T-Mobile, SpaceX, and other companies to integrate their services:

    The FCC proposes allowing authorized non-geostationary orbit satellite operators to apply to access terrestrial spectrum if certain prerequisites are met, including a lease from the terrestrial licensee within a specified geographic area. A satellite operator could then serve a wireless provider’s customers should they need connectivity in remote areas, for example in the middle of the Chihuahuan Desert, Lake Michigan, the 100-Mile Wilderness, or the Uinta Mountains.

    “We are fast heading to a world where next-generation wireless networks will connect everyone and everything around us,” said FCC Chairwoman Jessica Rosenworcel. “They will open up possibilities for communications that we cannot even fully imagine today. But we will not be successful in our effort to make this always-on connectivity available to everyone, everywhere if we limit ourselves to using only one technology. We are going to need it all—fiber networks, licensed terrestrial wireless systems, next-generation unlicensed technology, and satellite broadband. But if we do this right, these networks will seamlessly interact in a way that is invisible to the user. We won’t need to think about what network, where, and what services are available. Connections will just work everywhere, all the time. “

  • FCC Adopts Its First Rules Blocking Scam Texts

    FCC Adopts Its First Rules Blocking Scam Texts

    The Federal Communications Commission is cracking down on scam texting, adopting its first set of rules aimed at the practice.

    Scam texts have been a growing problem, with many of them illegal. The agency says the volume has increased a whopping 500% in recent years. What’s more, scam texts can pose a greater threat than scam calls since it can be difficult to block them. The FCC is working to address the issue, much like it has been cracking down on scam phone calls.

    Unveiled today, the FCC’s new rules would require carriers to block texts from suspect numbers:

    “The Report and Order adopted today requires blocking of text messages that appear to come from phone numbers that are unlikely to transmit text messages,” the FCC says. “This includes invalid, unallocated, or unused numbers. It also includes numbers that the subscriber to the number has self-identified as never sending text messages, and numbers that government agencies and other well-known entities identify as not used for texting. A second rule will require each mobile wireless provider to establish a point of contact for text senders, or have providers require their aggregator partners or blocking contractors to establish such a point of contact, which senders can use to inquire about blocked texts.”

    The agency also proposes changes to the Do-Not-Call Registry to include text messaging:

    “Today’s action also seeks public comment on further proposals to require providers to block texts from entities the FCC has cited as illegal robotexters,” the FCC adds. ” It also proposes to clarify that Do-Not-Call Registry protections – that is, prohibiting marketing messages to registered numbers – apply to text messaging and closing the lead generator loophole, which allows companies to use a single consumer consent to deliver robocalls and text messages from multiple – perhaps thousands – of marketers on subjects that may not be what the consumer had in mind.”

    Hopefully, the FCC’s efforts will significantly reduce what has become a plague for many consumers.

  • Comcast Caught Giving Fake Coverage Data to FCC…Again

    Comcast Caught Giving Fake Coverage Data to FCC…Again

    Comcast seems determined to maintain its status as one of America’s most hated companies, repeatedly misleading the FCC about its coverage.

    The FCC has been working to build accurate internet coverage maps of the US in an effort to better allocate funds and resources to close the digital divide. Unfortunately, Comcast seems hell-bent on not providing accurate information.

    According to Ars Technica, the company has once again been caught providing misleading information, only correcting it when called out for the behavior.

    The issues revolved around service in Fort Collins, Colorado, an area Comcast claimed to cover with its service. Justin Olsson, a lawyer for a tech company, was unable to get Comcast service for his mother’s address, despite Comcast claiming it covered the location.

    Only after Ars reached out to Comcast did the company stop disputing Olsson’s challenges and admit to the FCC that it did not, in fact, cover Olsson’s mother’s address.

    Upon further review of the location ID in question, Comcast has determined that the location is currently not serviceable by Comcast,” the company told the FCC.

    Olsson shared his response to Comcast with Ars after the broadband company informed him that it had modified its coverage data to reflect reality:

    I appreciate that you finally admitted it after Ars Technica reached out to you… I would like to point out, however, that it’s really absolutely unacceptable that you contested my challenge without even looking into it—even when you had evidence in your own system that the address wasn’t serviceable.

    You wasted hours of my time, and it’s hard not to think that was part of the strategy, hoping that people wouldn’t follow up and letting you get away with your blatant dishonesty in the broadband map effort. I hope for the country’s sake that you all can clean up your act and not continue to do business in this way.

    Olsson hits the nail on the head and rightly calls out Comcast for its unacceptable and dishonest behavior.

    In the meantime, the company’s status among America’s most hated companies remains securely intact.

  • FCC Deals Blow to Starlink, Approves Amazon’s Kuiper Satellite Plans

    FCC Deals Blow to Starlink, Approves Amazon’s Kuiper Satellite Plans

    The Federal Communications Commission has dealt a blow to Starlink, approving Amazon’s Kuiper satellite plans.

    Kuiper is the satellite internet constellation Amazon is deploying, in direct competition with SpaceX’s Starlink. SpaceX wanted the FCC to limit the number of satellites Amazon could deploy.

    In an ex parte letter, SpaceX argues that the Commission should limit Kuiper to deploy only 578 satellites in its 630 kilometer orbital shell, and defer action regarding the remainder of the constellation.

    The FCC rejected SpaceX’s demands and accepted Amazon’s proposed “orbital debris mitigation plan,” clearing the way for the company to begin launching its satellites.

    Specifically, we grant Kuiper’s request for approval of its updated orbital debris mitigation plan, thereby satisfying a condition of our action in 2020 conditionally granting Kuiper’s request to deploy and operate its NGSO system. Our action will allow Kuiper to begin deployment of its constellation in order to bring high-speed broadband connectivity to customers around the world.

    In granting this modification, we have considered the issues raised by interested parties in the record. These issues include, but are not limited to, collision risk, post-mission disposal reliability, completion of satellite design, and orbital separation. To address these and other issues, we require Kuiper to comply with a series of conditions, as outlined below. We adopt requirements for Kuiper to report mitigation actions taken to avoid collisions in space and to coordinate and collaborate with NASA to ensure continued availability of launch windows and on other matters.

    It is unclear exactly when Amazon will begin launching satellites, although previous reports indicated it would be sometime in 2023.

  • FCC May Fine Fox for Illegally Using Emergency Broadcast Tones

    FCC May Fine Fox for Illegally Using Emergency Broadcast Tones

    In a “what were they thinking?” moment, Fox is facing fines for using Emergency Alert Tones (EAS) to promote NFL Sunday.

    The EAS is for federal, state, and local authorities to warn citizens of impending danger, as well as child abductions. As such, aside from specific Permitted Uses, the EAS Tones may not be used for any other purpose. The government’s goal is to ensure the public does not get “alert fatigue” and become desensitized to the EAS Tones.

    Despite the importance of protecting the use of EAS Tones, Fox Sports downloaded the tones from a YouTube video and proceeded to use a three-second segment to promote NFL Sunday, according to the FCC’s report.

    FOX describes the Promotional Segment as a short comedic advertisement for an upcoming game, aired as part of the FOX NFL SUNDAY pre-game show. FOX admits that the Promotional Segment used an approximately three-second excerpt of the EAS Attention Signal commonly used to precede broadcast emergency alerts: two simultaneous tones of 853 Hz and 960 Hz. The three-second excerpt of the EAS Attention Signal was downloaded or recorded from a YouTube video. FOX further admits that its transmission of the Promotional Segment, and the EAS Tones, was not made in connection with any Permitted Use, i.e., an actual emergency, authorized test of the EAS, or qualified PSA.

    The clip was broadcast across 18 of Fox’s stations, as well as transmitted to 190 affiliated stations. The company also used the clip on Fox Sports Radio, reaching nearly 15 million listeners.

    As a result of the incident, the FCC has proposed fining Fox sports $504,000.

  • FCC Sends Cease & Desists to More Providers Over Robocalls

    FCC Sends Cease & Desists to More Providers Over Robocalls

    The Federal Communications Commission’s war on robocallers continues, with the agency sending cease & desists to more providers.

    The FCC passed rules requiring phone carriers to implement the STIR/SHAKEN protocol in an effort to fight robocalls. The protocol allows carriers to verify the authenticity of a caller, pass that verification on to the next carrier for confirmation, and so on. Carriers were given a deadline to implement the protocol or be blacklisted, with the first such carrier blocked in November.

    The FCC has now sent cease & desist orders to two additional companies the agency says has been supporting “illegal robocall traffic.” This brings the number of cease & desists to twenty, with the majority complying and cutting off robocall assistance.

    The latest cease & desists, sent to SIPphony LLC and Vultik, Inc, included a warning that their traffic could be permanently blocked by downstream providers if they failed to comply.

    “You should investigate the identified traffic and take the steps …, including blocking the traffic if necessary, and take steps to prevent your network from continuing to be a source of apparently illegal robocalls,” wrote FCC Enforcement Bureau Chief Loyaan A. Egal. “Failure to comply with the steps outlined in this letter may result in downstream voice service providers blocking all of [SIPphony LLC and Vultik, Inc] traffic, permanently.”

    “Scam robocalls are more than just a nuisance, they waste our time and resources and destroy trust in our communications networks,” said FCC Chairwoman Jessica Rosenworcel. “We will continue to use every tool we have to go after this fraud and stop the bad actors responsible for these calls in their tracks.”

  • FCC Takes Aim at ‘Egregious Prison Calling Rates’

    FCC Takes Aim at ‘Egregious Prison Calling Rates’

    The Federal Communications Commission is taking aim at companies that provide calling services for prison inmates.

    There are several companies in the US that provide calling and email services for inmates and their families. Unfortunately, many of these companies charge ‘egregious rates’ that border on predatory behavior.

    Congress recently passed the Martha Wright-Reed Just and Reasonable Communications Act of 2022 and the bill is now awaiting President Biden’s signature. The bill gives the FCC the authority to address this behavior.

    “Too many families of incarcerated people must pay outrageous rates to stay connected with their loved ones,” said FCC Chairwomen Jessica Rosenworcel. “This harms the families and children of the incarcerated—and it harms all of us because regular contact with kin can reduce recidivism.

    “The FCC has for years moved aggressively to address this terrible problem, but we have been limited in the extent to which we can address rates for calls made within a state’s borders. Today, thanks to the leadership of Senators Duckworth, Portman and their bipartisan coalition, the FCC will be granted the authority to close this glaring, painful, and detrimental loophole in our phones rate rules for incarcerated people.

    “I am committed to working with my colleagues on the Commission to expeditiously move new rules forward to fix this problem. I also want to highlight the late Martha Wright-Reed for her courageous voice and thank my former colleague Mignon Clyburn for carrying this issue forward at the FCC.”

    The bill, and the FCC’s new authority, should provide relief for families of inmates, not to mention send a warning to companies that take advantage of situations to engage in predatory behavior.

  • Airline Industry Wants an Extension on 5G Mitigation Efforts

    Airline Industry Wants an Extension on 5G Mitigation Efforts

    The US airline industry wants an extension on an impending deadline, saying it has not been able to retrofit all aircraft with 5G mitigation measures.

    Wireless carriers and the FCC engaged in a high-stakes battle with the airline industry, backed by the FAA, over 5G rollout in the US. The airline industry was concerned that C-band spectrum purchased by Verizon and AT&T would interfere with aircraft altimeters. After much wrangling back and forth, the parties reached an agreement to ban the deployment of C-band 5G in the immediate vicinity of airports until the industry could retrofit impacted altimeters.

    In October we reported that the aviation industry wanted to make some elements of the 5G ban permanent, but Reuters is now reporting that some airlines can’t even meet the initial July 2023 deadline that was established and are asking for an extension.

    “It is critical to extend these mitigations through the end of 2023 to allow airlines time to complete the retrofit,” reads a the letter sent to the White House by a coalition of aviation concerns. The letter blamed supply chain issues, saying “air carriers will likely be unable to fully meet either the December 2022 deadlines for smaller regional aircraft and many large transports nor the July 2023 retrofit deadline.”

    “Our aviation coalition strongly believes that instead of once again waiting until the eleventh hour, now is the time for the leadership at federal agencies and the White House to implement a solution that allows 5G to move forward and avoid further flight delays and cancellations,” the letter added.

    The last round of wrangling did not go well with Congress, with lawmakers criticizing the fact that two government agencies were on opposite sides of such an important issue as 5G deployment. All parties are no doubt anxious to avoid a repeat of that situation.

  • FCC Commissioner Renews Calls for TikTok Ban

    FCC Commissioner Renews Calls for TikTok Ban

    Federal Communications Commissioner Brendan Carr has renewed calls for a ban on TikTok over data privacy concerns.

    Carr has been vocal in his belief the US should ban TikTok as the company continues to mislead users and lawmakers about how it handles US data. In an interview with Axios, Carr reiterated his desire to see the app banned.

    “I don’t believe there is a path forward for anything other than a ban,” Carr said.

    Carr also expressed his belief that there isn’t “a world in which you could come up with sufficient protection on the data that you could have sufficient confidence that it’s not finding its way back into the hands of the [Chinese Communist Party].”

    Carr’s criticism comes after TikTok was caught sending American data to China after promising US lawmakers that data was handled by a dedicated US-based team. The company later refused to guarantee American data wouldn’t make its way to China and has since been accused of planning to surveil specific Americans.

    Given the company’s long history of privacy abuses, it’s truly amazing the app hasn’t been banned already.

  • Aviation Advocates and Wireless Carriers Gear Up for Next 5G Fight

    Aviation Advocates and Wireless Carriers Gear Up for Next 5G Fight

    After a bruising fight between carriers and the aviation industry over 5G, an aviation coalition has laid the groundwork for the next round.

    Verizon and AT&T spent billions to purchase C-band spectrum at Federal Communications Commission (FCC) auctions. C-band is considered among the best spectrum for 5G, providing a good balance of speed, range, and building penetration.

    The Federal Aviation Administration and the airline industry objected to Verizon and AT&T deploying C-band around airports, sparking a major debate about the safety of 5G and the airlines. The concern revolved around potential interference with airplane altimeters, which operate on spectrum very close to C-band.

    The parties eventually agreed to limit C-band deployment around airports until July 2023, but aviation advocates want to make that ban permanent, especially for C-band in the 4,200-4,400MHz range. The advocates also want 5G transmitters restricted from pointing 90 degrees above the horizon.

    The aviation coalition outlined their wishes in a letter to the FCC:

    These concepts, such as preventing antennas pointing 90 degrees above the horizon and maintaining the wireless spurious emissions in the 4200-4400 MHz band consistent with current mitigations, would appear to not compromise wireless operators’ actual use cases while further assuring aviation safety and providing a workable RF environment against which future radio altimeters can be designed and built.

    Only time will tell if the aviation advocates will prevail, although Verizon and AT&T will likely strongly oppose any extension of the C-band limits. Whatever the outcome, all parties no doubt want to avoid the fallout they experienced from Round One.

  • FCC Cracks Down on Carriers That Have Failed to Fight Robocalls

    FCC Cracks Down on Carriers That Have Failed to Fight Robocalls

    The FCC is getting serious about fighting robocalls, requiring other carriers to block calls from non-compliant ones.

    The FCC required carriers to implement the STIR/SHAKEN protocol, providing a way for carriers to verify the origin of a call before passing it on to another carrier or to the call recipient. While the top three US carriers fully implemented the protocol some time ago, a number of small carriers have failed to do.

    FCC Chairwoman Jessica Rosenworcel made clear that the repercussions would be severe:

    “This is a new era. If a provider doesn’t meet its obligations under the law, it now faces expulsion from America’s phone networks. Fines alone aren’t enough. Providers that don’t follow our rules and make it easy to scam consumers will now face swift consequences.”

    The agency has given Akabis, Cloud4, Global UC, Horizon Technology Group, Morse Communications, Sharon Telephone Company, and SW Arkansas Telecommunications and Technology 14 days to explain why they should not be removed from the Robocall Mitigation Database. Any carrier removed from the database will be blacklisted by other carriers, with no other carrier allowed to relay its calls.

    “These and other recent actions reflect the seriousness with which we take providers’ obligations to take concrete and impactful steps to combat robocalls,” said Loyaan A. Egal, acting Chief of the Enforcement Bureau. “STIR/SHAKEN is not optional. And if your network isn’t IP-based so you cannot yet use these standards, we need to see the steps taken to mitigate illegal robocalls. These providers have fallen woefully short and have now put at risk their continued participation in the U.S. communications system. While we’ll review their responses, we will not accept superficial gestures given the gravity of what is at stake.”

  • The FCC Finally Has Accurate Broadband Maps

    The FCC Finally Has Accurate Broadband Maps

    The Federal Communications Commission has achieved its first milestone toward collecting accurate data regarding broadband in the US.

    The US Government has been working to close the “digital divide,” or the difference in internet access available in urban and rural communities. In order to tackle the problem, the FCC has been working to develop an accurate map of existing internet coverage in the US.

    According to Chairwoman Jessica Rosenworcel, the first milestone toward that goal has finally been reached.

    “On June 30, the Federal Communications Commission opened the first ever window to collect information from broadband providers in every state and territory about precisely where they provide broadband services,” Rosenworcel writes. “I announced the opening of the window with a Note to put this milestone in context and to explain in detail the Commission’s work over the previous 18 months to update and improve our broadband maps. Today marks the close of this first data collection window—the next important step forward in our efforts to build more accurate broadband maps, which are much-needed, long overdue, and mandated by Congress.”

    The first draft of the map will be released around November 2022, after which the agency will continue to improve the accuracy of the maps.

    “Looking ahead, there’s one more important thing to note about the new maps,” Rosenworcel adds. “When the first draft is released, it will provide a far more accurate picture of broadband availability in the United States than our old maps ever did. That’s worth celebrating. But our work will in no way be done. That’s because these maps are iterative. They are designed to updated, refined, and improved over time.”

  • T-Mobile Is the Big Winner of the FCC’s Latest Spectrum Auction

    T-Mobile Is the Big Winner of the FCC’s Latest Spectrum Auction

    The Federal Communications Commission (FCC) has concluded another spectrum auction, and T-Mobile was the hands-down winner.

    The FCC was auctioning 2.5 Ghz spectrum, in the same range T-Mobile uses for its mid-band 5G. T-Mobile spent $304,325,290 for 7,156 licenses, spending orders of magnitude more than the other top four buyers combined. Buyers two through five spent a combined total of $58,860,700. The top buyers by license volume only bought a combined total of 249 licenses.

    T-Mobile acquired its previous wealth of 2.5 GHz spectrum through its merger with Sprint. Sprint had a treasure trove of spectrum but lacked the ability to use it. T-Mobile immediately began deploying the spectrum to power its mid-band network, bridging the gap between its slower nationwide 5G and its high-speed, short-range mmWave 5G.

    While Verizon and AT&T bet on the 3.7 to 3.98 GHz C-Band spectrum for their 5G network, their rollout has been plagued with problems because of the potential for that spectrum to interfere with aircraft altimeters. T-Mobile’s mid-band is the only one not impacted because it relies on 2.5 GHz spectrum, which is far enough away from the spectrum altimeters use to not be an issue.

    Given the success T-Mobile has already enjoyed with its mid-band 5G, it’s not surprising it doubled down and bought so many more licenses.

  • FCC Targets Auto Warranty Robocall Scams

    FCC Targets Auto Warranty Robocall Scams

    The Federal Communications Commission (FCC) is targeting auto warranty scam calls, ordering carriers to block them.

    Virtually everyone has had the misfortune of receiving a call from someone promising to extend their vehicle’s warranty at an unbelievably low price. The FCC wants to put an end to the annoyance, telling phone companies to stop relaying the calls.

    “We are not going to tolerate robocall scammers or those that help make their scams possible,” said FCC Chairwoman Jessica Rosenworcel. “Consumers are out of patience and I’m right there with them.”

    The FCC’s statement revealed who was responsible for many of these calls, saying they are “coming from Roy Cox, Jr., Aaron Michael Jones, their Sumco Panama companies, and international associates.” With the perpetrators unmasked, the agency can now work with phone companies to block them.

    “Now that U.S. voice service providers know the individuals and entities associated with this scheme, the Enforcement Bureau will closely monitor voice service providers’ compliance with this order and take appropriate enforcement action as necessary,” said Acting FCC Enforcement Bureau Chief Loyaan A. Egal.

    The FCC says auto warranty scams resulted in more complaints than any other type of unwanted calls in the past two years. Hopefully, this new action will help cut down on the menace.

  • Huawei and ZTE Equipment Removal Will Cost Billions More

    Huawei and ZTE Equipment Removal Will Cost Billions More

    FCC Chairwoman Jessica Rosenworcel has informed lawmakers that removing equipment from Huawei and ZTE will cost billions more than anticipated.

    The United States banned Huawei and ZTE networking and telecoms equipment over national security concerns. Both companies were deemed a threat over their ties to the Chinese government. As a result, telecom operators were tasked with removing equipment made by the two companies from their networks. It appears the cost is significantly higher than anticipated.

    According to Reuters, in a letter to Senator Maria Cantwell, head of the Committee on Commerce, Science, and Transportation, Rosenworcel outlined the massive shortfall in the available funding:

    “To fund all reasonable and supported cost estimates…, the Reimbursement Program will require $4.98 billion, reflecting a current shortfall of $3.08 billion,” Rosenworcel wrote.

    Without further funding, the FCC will allocate the original $1.9 billion according to Congress’ instructions.

    “Absent an additional appropriation, the Commission will apply the prioritization scheme Congress specified,” Rosenworcel added.

    The latest estimate appears to be slightly less than what the agency expected in February 2022, when it estimated the total cost to be $5.6 billion.

  • FCC Chairwoman Wants to Significantly Raise US Broadband Minimums

    FCC Chairwoman Wants to Significantly Raise US Broadband Minimums

    FCC Chairwoman Jessica Rosenworcel wants to significantly raise US broadband minimums with gigabit speeds as the long-term goal.

    Rosenworcel circulated a Notice of Inquiry to her colleagues to begin an evaluation of broadband in the US. Rosenworcel is proposing a new standard of 100Mbps download speed and 20Mbps upload.

    “The needs of internet users long ago surpassed the FCC’s 25/3 speed metric, especially during a global health pandemic that moved so much of life online,” said Chairwoman Rosenworcel. “The 25/3 metric isn’t just behind the times, it’s a harmful one because it masks the extent to which low-income neighborhoods and rural communities are being left behind and left offline. That’s why we need to raise the standard for minimum broadband speeds now and while also aiming even higher for the future, because we need to set big goals if we want everyone everywhere to have a fair shot at 21st century success.”

    Under Chairman Tom Wheeler, the agency decided in 2015 that 25Mbps down and 3Mbps up were sufficiently fast, a position that was upheld by Rosenworcel’s predecessor, Ajit Pai.

    The pandemic shown a spotlight on the state of broadband in the US as record numbers of people worked, learned, and worshiped from home. Even with things returning to normal, many experts believe hybrid work is here to stay, further emphasizing the importance of high-speed internet options for home users.

  • Dish Network Fires Back at SpaceX ‘Misinformation Campaign’ on 12GHz 5G

    Dish Network Fires Back at SpaceX ‘Misinformation Campaign’ on 12GHz 5G

    Dish Network has helped publish a lengthy response to what it calls a “misinformation campaign” by SpaceX regarding Dish’s plans to use 12GHz spectrum for 5G.

    Dish is in the process of building out its 5G network in an effort to become the fourth nationwide carrier in the US. SpaceX has taken issues with Dish’s plans to use 12GHz spectrum, saying it will interfere with the downlink connection between Starlink satellites and ground-based relays. SpaceX has even recruited more than 95,000 of its Starlink customers to petition the FCC to block Dish’s plans and even accused the latter of trying to mislead the FCC with studies showing the technologies could coexist.

    According to Dish, however, SpaceX is the one that has used misleading data to make its point. A post by the 5Gfor12GHz Coalition, of which Dish is a member, makes the case that Starlink cherry-picked its data points and grossly exaggerated others.

    For example, when discussing how much Dish’s use of 12GHz spectrum could interfere with its downlink, SpaceX used Las Vegas, Nevada, as its data point. According to Dish, Las Vegas was a “cherry-picked partial economic area (PEA” as a result of unique factors.

    Given its unique topology and morphology, Las Vegas is among the most unfavorable geographies to analyze for co-existence (nearly ten times as unfavorable for 5G/satellite coexistence as the national average).

    Similarly, Dish accuses SpaceX of ‘grossly distorting’ 5G network configuration to make its point.

    If the assumptions SpaceX uses in Las Vegas are extrapolated nationwide, they would necessitate the deployment of over 600,000 macro 12 GHz sites across the country. This is wholly unrealistic, as leading nationwide carrier AT&T currently uses only 67,000 macrocells to provide coverage across the entire country to its 81 million subscribers, and with its entire portfolio of spectrum spanning 600 MHz-39 GHz.

    Dish and the 5Gfor12GHz Coalition’s response demonstrates this 5G scuffle is far from over, and the FCC will clearly have its hands full trying to untangle the matter.

  • Nearly 100,000 Starlink Users Petition FCC to Block Dish’s 12GHz 5G

    Nearly 100,000 Starlink Users Petition FCC to Block Dish’s 12GHz 5G

    Starlink’s objections to Dish Network’s 5G plans have received a major boost, with nearly 100,000 users petitioning the FCC in support of Starlink.

    SpaceX sounded the alarm over Dish’s plans to use spectrum in the 12GHz band for its 5G rollout. Since SpaceX relies on that spectrum for the downlink from satellite to ground-based terminals, the company says Dish’s plans will result in outages 74% of the time for Starlink customers in the US. Those customers appear to be genuinely concerned, with 95,703 petitioning the FCC at the time of writing.

    SpaceX minced no words in its letter to the FCC, saying Dish and wireless firm RS Access were flawed and questioned whether the two companies intentionally misled the FCC with their findings.

    As such, SpaceX urges the Commission to investigate whether DISH and RS Access filed intentionally misleading reports. These reports simply cannot be squared with DISH’s own correct representations in December 2019 that “concurrent sharing of spectrum between co-primary 5G and NGSO FSS operations is not viable in the 12 GHz Band.

    SpaceX actively recruited its users to petition the FCC, even providing a couple of pre-written forms for users. These forms are why most of the petitions appear to start with one of two opening lines.

    Given how hard the FCC has been working to help close the “digital divide” in the US – the gap between the availability and quality of internet access in urban and rural areas – the agency is sure to take note of these petitions.

  • US Lawmakers Want the FTC to Investigate TikTok’s Data Handling

    US Lawmakers Want the FTC to Investigate TikTok’s Data Handling

    TikTok continues to face pressure over its latest privacy faux pas, with two US senators asking the FTC to investigate the company.

    News broke in June that TikTok was sharing US user data with its employees in China in direct violation of the company’s own claims. The reports were based on leaked recordings of some 80 internal meetings. The reaction has been swift and predictable, with FCC Commissioner Brendan Carr asking Apple and Google to ban the app from their stores. Adding to the company’s woes, two senators have penned a letter to the FTC asking the agency to investigate.

    Senate Select Committee on Intelligence Chairman Mark R. Warner and Vice Chairman Marco Rubio penned the letter, accusing the company of acting in direct violation of its executive’s sworn testimony:

    “We write in response to public reports that individuals in the People’s Republic of China (PRC) have been accessing data on U.S. users, in contravention of several public representations, including sworn testimony in October 2021,” the senators wrote to FTC Chair Lina Khan. “In light of this new report, we ask that your agency immediately initiate a Section 5 investigation on the basis of apparent deception by TikTok, and coordinate this work with any national security or counter-intelligence investigation that may be initiated by the U.S. Department of Justice.”

    The senators also make the case that TikTok was aware of the issue, and the company’s failure to do anything, along with its collection of biometric data, represents a major security threat:

    “TikTok’s Trust and Safety department was aware of these improper access practices and governance irregularities, which – according to internal recordings of TikTok deliberations – offered PRC-based employees unfettered access to user information, including birthdates, phone numbers, and device identification information. Recent updates to TikTok’s privacy policy, which indicate that TikTok may be collecting biometric data such as faceprints and voiceprints (i.e. individually-identifiable image and audio data, respectively), heighten the concern that data of U.S. users may be vulnerable to extrajudicial access by security services controlled by the CCP.”

    This isn’t the first time TikTok has found itself in hot water over its data practices. The company has stumbled from one privacy scandal to another, been the subject of multiple investigations and lawsuits, and was nearly banned in the US during the Trump administration.

    All things considered, it’s truly amazing the app is still on the market.

    The senators’ letter is quoted in its entirety below:

    Dear Chairwoman Khan:

    We write in response to public reports that individuals in the People’s Republic of China (PRC) have been accessing data on U.S. users, in contravention of several public representations, including sworn testimony in October 2021. In an interview with the online publication Cyberscoop, the Global Chief Security Officer for TikTok’s parent company, ByteDance, made a number of public representations on the data security practices of TikTok, including unequivocal claims that the data of American users is not accessible to the Chinese Communist Party (CCP) and the government of the PRC. As you know, TikTok’s privacy practices are already subject to a consent decree with the Federal Trade Commission, based on its improper collection and processing of personal information from children. In light of this new report, we ask that your agency immediately initiate a Section 5 investigation on the basis of apparent deception by TikTok, and coordinate this work with any national security or counter-intelligence investigation that may be initiated by the U.S. Department of Justice.

    Additionally, these recent reports suggest that TikTok has also misrepresented its corporate governance practices, including to Congressional committees such as ours. In October 2021, TikTok’s head of public policy, Michael Beckerman, testified that TikTok has “no affiliation” with another ByteDance subsidiary, Beijing-based ByteDance Technology, of which the CCP owns a partial stake. Meanwhile, as recently as March of this year, TikTok officials reiterated to our Committee representations they have previously made that all corporate governance decisions are wholly firewalled from their PRC-based parent, ByteDance. Yet according to a recent report from Buzzfeed News, TikTok’s engineering teams ultimately report to ByteDance leadership in the PRC.

    According to this same report, TikTok’s Trust and Safety department was aware of these improper access practices and governance irregularities, which – according to internal recordings of TikTok deliberations – offered PRC-based employees unfettered access to user information, including birthdates, phone numbers, and device identification information. Recent updates to TikTok’s privacy policy, which indicate that TikTok may be collecting biometric data such as faceprints and voiceprints (i.e. individually-identifiable image and audio data, respectively), heighten the concern that data of U.S. users may be vulnerable to extrajudicial access by security services controlled by the CCP.

    A series of national security laws imposed by the CCP, including the 2017 National Intelligence Law and the 2014 Counter-Espionage Law provide extensive and extra-judicial access opportunities for CCP-controlled security services. Under these authorities, the CCP may compel access, regardless of where data is ultimately stored. While TikTok has suggested that migrating to U.S.-based storage from a U.S. cloud service provider alleviates any risk of unauthorized access, these latest revelations raise concerns about the reliability of TikTok representations: since TikTok will ultimately control all access to the cloud-hosted systems, the risk of access to that data by PRC-based engineers (or CCP security services) remains significant in light of the corporate governance irregularities revealed by BuzzFeed News. Moreover, as the recent report makes clear, the majority of TikTok data – including content posted by users as well as their unique IDs– will remain freely accessible to PRC-based ByteDance employees.

    In light of repeated misrepresentations by TikTok concerning its data security, data processing, and corporate governance practices, we urge you to act promptly on this matter.

    Sincerely,

  • FCC Commissioner Asks Apple and Google to Remove TikTok From Their Stores

    FCC Commissioner Asks Apple and Google to Remove TikTok From Their Stores

    FCC Commission Brendan Carr has penned a letter to Apple CEO Tim Cook and Google CEO Sundar Pichai asking them to ban TikTok.

    TikTok is once again in hot water following leaked audio recordings that show its employees in China have full access to data for US users, something the company has repeatedly denied. In the wake of the revelations, Commissioner Carr is calling for action, going so far as to insinuate the platform is a wolf in sheep’s clothing.

    Commissioner Carr then goes on to highlight the company’s “pattern of misrepresentations” that have led to bipartisan concern and bans by the US military. He also points out that it “collects search and browsing histories, keystroke patterns, biometric identifiers, draft messages and metadata, plus it has collected the text, images, and videos that are stored on a device’s clipboard.”

    TikTok has gone to great lengths to distance itself from the privacy scandals it has had, scandals which Commissioner Carr points out one by one.

    At one point, a company executive even went so far as to provide sworn testimony before Congress that US data was handled by a “world-renowned, US-based security team.” The leaked audio recordings painted a far different picture, showing that the “world-renowned” US team didn’t have the ability or permission to handle US data without involving their colleagues in China.

    It’s truly amazing how often TikTok has broken its promises and run afoul of privacy rules and regulations. If Commission Carr has his way, TikTok may finally pay the price.

  • SpaceX Says Dish Network’s 5G Aspirations Could Render Starlink Internet ‘Unusable’

    SpaceX Says Dish Network’s 5G Aspirations Could Render Starlink Internet ‘Unusable’

    SpaceX has published an analysis raising alarms over Dish Network’s 5G network rollout, saying it will severely impact its own Starlink internet service.

    Starlink is the satellite internet service SpaceX has been deploying. Unlike previous services, Starlink is a low-Earth orbit (LEO) satellite constellation, giving it the ability to compete with traditional broadband, in terms of speed and latency. According to SpaceX, Dish Network’s 5G rollout threatens that service by using the same 12GHz band spectrum Starlink relies on, causing interference that will render “the band effectively unusable for satellite service to most Americans.”

    SpaceX uses the 12GHz band for the downlink between its satellites and ground-based terminals. The company says that Dish’s use of the spectrum will result in interference at least 77% of the time, resulting in outages 74% of the time.

    In addition to its analysis, the company sent a letter to the FCC, in which it blasted Dish, along with wireless firm RS Access:

    Upon even a cursory review of DISH’s and RS Access’s supposed “studies” relating to how much harm a new high-power mobile service would do to next-generation satellite broadband services in the 12 GHz band, it is clear that no reasonable engineer could believe they represent an honest interference analysis.

    SpaceX even went so far as to insinuate that Dish and RS Access may have intentionally misled the FCC with their statements:

    As such, SpaceX urges the Commission to investigate whether DISH and RS Access filed intentionally misleading reports. These reports simply cannot be squared with DISH’s own correct representations in December 2019 that “concurrent sharing of spectrum between co-primary 5G and NGSO FSS operations is not viable in the 12 GHz Band.”

    It remains to be seen which company’s data and analysis are correct. However, given what’s at stake for Dish and SpaceX, not to mention the allegations SpaceX raises, it’s a safe bet this saga is far from over.