Showing posts with label FCC. Show all posts
Showing posts with label FCC. Show all posts

Friday, August 09, 2019

Court Vacates FCC Dereg of Cell Tower-Site Reviews

Vacates and remands that portion of larger deregulatory order back to commission



Turns out the race to 5G can't run roughshod over the landscape, at least as the FCC has proposed it.
In a partial defeat for the FCC and a victory for localities trying to retain their authority over cell tower placement and impact, a federal appeals court has ruled that the FCC did not justify its deregulation of small cell site historic and environmental reviews and has vacated that part of a larger wireless deployment deregulation order.
Over the objections of local government officials and the reservations of Democratic commissioner Jessica Rosenworcel, the FCC voted last September to streamline the path to small cell deployment, including the part on site reviews, billing it as crucial to the rollout of 5G wireless service, an FCC and Trump Administration priority.
The FCC argued that such reviews were not statutorily required, would impede the rollout of 5G networks, and that their costs outweighed any benefit. But as with many FCC decisions, opponents went to court.
That court, the U.S. Court of Appeals for the D.C. Circuit*, said it did not buy the FCC's argument that such reviews "pose little to no cognizable religious, cultural, or environmental risk," in particular given "the vast number of proposed deployments and the reality that the Order will principally affect small cells that require new construction," the court said.
The court found that the FCC did not adequately address the potential harms of deregulation or the benefits of environmental and historic-preservation reviews, particularly for Indian lands that "may include Tribal burial grounds, land vistas, and other sites that Tribal Nations...regard as sacred or otherwise culturally significant."
For that reason, the court said, the FCC's regulatory order on small cells is arbitrary and capricious. (It did not vacate the changes the FCC made to tribe's participation in the reviews).
The court vacated that part of the order and remanded it back to the FCC, which could try to better justify it.
The United Keetoowah Band of Cherokee Indians in Oklahoma and supporting intervenors had challenged the order.
"This confirms that the FCC cannot just scream "5G" to justify ignoring its duties to Tribal Nations and to the environment," said Andrew Jay Schwartzman, Georgetown University Law Center, a lawyer who represented the challengers. "The decision does give the FCC more latitude than we would prefer on some of the mechanisms for tribal review, but we will deal with that on the remand."
A spokesperson for FCC chair Ajit Pai had not response, referring the call to commissioner Brendan Carr, who championed the tower citing deregulatory item.
Carr suggested the legal glass was still mostly full.
“This FCC has been focused on cutting red tape so that all Americans, regardless of where they live, can have access to fast, affordable connections, including through our world-leading 5G," he said. "Combined, the FCC’s actions have enabled the U.S. to leapfrog our global competitors and secure the largest 5G build in the world.
“I am pleased that the court upheld key provisions of last March’s infrastructure decision. Most importantly, the court affirmed our decision that parties cannot demand upfront fees before reviewing any cell sites, large or small. These fees, which had grown exponentially in the last few years, created incentives for frivolous reviews unrelated to any potential impact on historic sites. Those financial incentives are gone, and we expect our fee restrictions to continue greatly diminishing unnecessary and costly delays. I’m also pleased that the court affirmed our accelerated timelines for reviews. Already, these reforms have resulted in significant new builds."
“We are reviewing the portion of last March’s decision that the D.C. Circuit did not affirm and look forward to next steps, as appropriate."
Commissioner Jessica Rosenworcel saw it a bit differently.
“The court just vacated a large part of the FCC’s 5G deployment strategy,"" she said. "For those paying attention, that means the agency tasked with the future of connectivity didn’t get it right. It’s time to go back to the drawing board and do better.”
"The FCC has rightfully sought to modernize outdated siting rules to accelerate the deployment of 5G technologies, and it’s been working," said Tom Power, SVP and general counsel for CTIA, which weighed in with the court in support of the FCC. "These reforms are pushing America ahead in the global 5G race and are critical to maintaining our wireless leadership. We are pleased that the court affirmed some of these steps today, particularly with respect to fees and deadlines for siting reviews. The court’s decision also underscores the need for further legislative, judicial and regulatory action to remove barriers to deployment."
*Editor's note: The court decision likely got more immediate and wider attention than it might otherwise as reporters watched the D.C. court side for another FCC decision--net neutrality, which did not come out Friday. 

FCC Proposes No Change of Its RF Standards

What a shock!

NOT
=======================

After six years of study, the Federal Communications Commission (FCC) has decided not to revise its current safety limits for RF radiation. The rules, which were first adopted in 1996 and are the only ones governing cell phone exposures in the U.S., will continue to be based only on thermal effects.

“After a thorough review of the record and consultation with [the FDA and other health] agencies, we find it appropriate to maintain the existing radiofrequency limits, which are among the most stringent in the world for cell phones,” said Julius Knapp, the chief of the FCC’s Office of Engineering and Technology.
Some had wanted the FCC to harmonize its limits with those of ICNIRP, which are considerably more permissive for cell phone exposures. The ICNIRP standard is 2 W/Kg, averaged over 10 g of tissue, while the FCC limit is 1.6 W/Kg over 1 g. The larger averaging volume alone makes the ICNIRP standard less stringent by two- to threefold (see MWN, J/A00, p.8).
In the FCC announcement, issued today, Chairman Ajit Pai cites the support of Jeffrey Shuren, the director of the FDA’s Center for Devices and Radiological Health. “The available scientific evidence to date does not support adverse health effects in humans due to exposures at or under the current limits…” Shuren told the FCC, adding, “No changes to the current standards are warranted at this time.”
FCC officials said at a press briefing that there’s “nothing special about 5G,” according to a report from CNET. They went on to argue that the scientific evidence to date indicates that, in terms of causing health effects, 5G is no different from any other cellular technology, including 4G or 3G. The higher-frequency signals (millimeter waves) used to deliver 5G also pose no health risk, they said, pointing out that the existing RF exposure guidelines apply to 5G.
The FCC first announced its plan to review the agency’s RF rules in March 2013 in a 200-page filing.
For more on the FCC and RF safety, go here.

Wednesday, August 07, 2019

S&P Bearish on 5G, Tesla’s Coil and the T-Mobile Merger

The FCC, the telecoms and cooperating MSM continue their resolute PR campaign to sell 5G to an unsuspecting American public as if the technology is up and running at effortless full capacity.  The truth is that even as ‘spotty’ coverage is being established in large urban markets, the telecoms are well aware that there are fundamental uncertainties yet to be addressed which may take years before widespread distribution can be accomplished.
The industry is driven by the hard reality that consumer indifference to increased data speed may be enough to threaten a return on their $275 billion investment thereby encouraging the telecoms to manufacture an insatiable demand for some new digital bells and whistles.  This is not to say that 5G is in jeopardy of being developed but that its cellular identity may be amended to focus more on the 30 GHz and higher projects.
The reality is, according to Scott Fulton, there is no single, simple way to create a new wireless technology on the scale of 5G.  Fulton compares the upgrade from 4G to 5G as akin to going from a telegraph to a fax machine.  As he explains, a wireless generation is a combination of technologies, all with multiple dimensions and differing standards, that must be integrated to form one mobile technological entity.  The 5G concept is not conducive to plugging one new generation into another but requires a level of co-existence as one merges with another, as new standards integrate with the old standards – all of which may take years.   As we know from the National Security Council power point, 5G is being built from the ground up as a brand new entity.
In other words, creating a new generation of digital technology is a lot more complicated with rollout not ready for some years to come, even as the push for 6G begins to muddy the waters.
In addition, a recent Standard and Poor’s Global Ratings gave credence to the possibility that the telecoms are taking on more than they are able to deliver:  “for U.S. telecommunications companies, we have a cautious view on 5G wireless.  We believe that accelerated deployments could hurt balance sheets that are already stretched because of mergers and acquisitions, mature industry conditions, and competitive pressures.”
In a warning to investors, S&P cited “revenue growth associated with 5G will be constrained” as they questioned whether consumers are willing to spend more just to experience faster speeds on new devices.  S&P continued “our forecast for 5G investment and customer appetite is bearish, so any incremental increase cost or delay should be nonmaterial to the ratings” and that “the bulk of the (Internet of Things) revenue opportunities may not materialize for at least five to 10 years”  as AT&T and Verizon could wait up to ten year for a pay back on their investment.


Tesla’s Coil

In 1891, the brilliant Nikola Tesla, Yugoslavian physicist, engineer and inventor created the Tesla Coil which became the first high voltage transmission of wireless electricity utilizing an electro magnetic force.  The Coil radiated sufficient volts of artificial lightening to illuminate a fluorescent bulb with no electrical wire connection as Tesla also dared theorize on the possibility of death rays.
Some believe that Tesla derived his genius from interstellar spheres as he once suggested that “if you want to find the secrets of the Universe, think in terms of energy frequency and vibration” while displaying an intuitive recognition of the existence of the ionosphere, a premonition of plasma as the fourth state of matter and what today has been dubbed ‘free’ energy.   More famous for revolutionizing our understanding of electricity with his patent for AC (alternating) current, his prescient quote  “…in the Universe there is a core from which we obtain knowledge, strength and inspiration.  I have not penetrated into the secrets of this core but I know that it exists” further suggests a consciousness that had penetrated a “secret core” as another level of reality.  Today, AC is also known as radio frequency waves in the telecommunication world with the difference being the level of frequency on the spectrum.
After having his inventions ridiculed, laughed at and/or stolen by Thomas EdisonMarconiGeorge Westinghouse and lastly, JP Morgan who failed to grasp the significance of a global wireless communication network, Tesla experienced how a small independent inventor could be squeezed out by the rapacious robber baron class which continues to this day.  After his death in 1943, some of his remaining paperwork was confiscated by the US government and some became enshrined in a museum in Yugoslavia.   As the spirit of Tesla lives on through ingenious inventors of the day, there is reportedly a way to connect an android phone to the internet without wifi service.

T-Mobile Sprint Merger

Speaking of robber barons, the recent Department of Justice approval of a $26 billion mergerbetween T-Mobile and Sprint reduced four major national wireless carriers to three thus creating another impossibly unwieldy mega-monster titan while assuring that Rural America’s Digital Divide will continue.  In a late hour concession to rural consumers, one of the divestiture requirements included the sale of “certain spectrum assets,” 20,000 cell sites, retail storefronts and total use of the T-Mobile network for seven years to Dish, a Colorado-based satellite TV provider as it builds its own 5G network in the expectation of ultimately becoming a fourth major carrier.
With the ink barely dry, T-Mobile CEO John Legere wasted no time in asserting that T Mobile’s  acquisition of Spectrum would offer a “true nationwide capability that this country needs that nobody else has” and that owning all three frequency bands, each containing different properties and ability to transmit data, is crucial to 5G’s success.
Radio Frequency Spectrum is a fixed, finite resource on the electromagnetic spectrum that enables wireless telecommunication to function.   With a radio frequency from 3 KHz to 300 GHz (gigahertz), 5G will utilize low- and mid-band frequencies as well as the higher mm Wavefrequency which is an essential indicator as to the true purpose and intent of 5G.
In other words, while T-Mobile has shrewdly accumulated all three bands to create what it believes will be unbeatable in the marketplace, AT&T and Verizon are no match for their market dominance.  Currently, both Verizon and AT&T own low-band spectrum and the more expensive and complex mmWave.  Neither owns any of the highly desirable, more versatile, mid-band spectrum necessary for urban and rural usage.
Legere then proceeded to attack the two remaining carriers as “dead in the water” and “lying”  as the merger put T-Mobile in the driver’s seat as Sprint was the only telecom to own any of the mid-band spectrum.  The merger gave T-Mobile the opportunity to consolidate all three bands under one company. In addition, at the recent FCC auction in March, T-Mobile spent $840 million to quadruple their mmWave holdings which will facilitate the Internet of Things, AI’s and the Directed Energy Weapons.
With three remaining carriers there is little real expectation that T-Mobile will live up to its earlier promises to provide rural America with cellular service and that 99% of the country will be wired within six years.  The cost for installing thousands of miles of fiber cable and 200,000-plus cell sites required to make a 5G network operational will be an extensive project and cost $60 billion more than proposed.  Still pending is S3157, the Streamline Small Cell Deployment Act which will curtail local government role in locating 5G towers.  If and when 5G makes it to rural America, it promises to be prohibitively expensive.
The last remaining requirement for the merger is final approval by the five-member Federal Communications Commission although their vote is little more than a technicality.  The three Republican appointees to the Commission announced their support, although two of them admitted they had not read the necessary documentation; thereby winning the “Bobbing Head Award of the Week.”
….to be continued

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Monday, August 05, 2019

5G: How Air Waves Became an 'Electromagnetic Cash Cow'


How do you rate a telecom spectrum license? Chinese operators have picked them up for free – part of Beijing's efforts to get a national rollout of 5G. Nevertheless, parts of Europe in recent auctions have been so expensive that at least one company has had to cut shareholder dividends. In the US – where President Donald Trump has declared that "the race for 5G is a race America must win" – spectrum licenses are sold at historically low prices.

The answer to the question will not only determine the future of the resource – referred to as the "lifeblood of the mobile industry" ̵[ads1]1; and the operators themselves, but will also have a major impact on the next step in the evolution of the digital economy.

Carriers claim that 5G will offer a faster and more reliable service for everything from video streaming to advanced virtual reality experiences. Governments see the "flow" of new network technology as fundamental to launching a world of smart cities, autonomous cars and automated factories where faster and more responsive networks can handle huge amounts of data generated by new industries.

For telecom operators, the licenses are "ticket to bicycle" – access to the infrastructure that will be critical to their future success, even existence. For governments, they are no less important, but some cash-strapped administrations have sent mixed signals on how to achieve a balance between raising billions from a sector that is already striving to cut costs, while also stimulating investment in rapid deployment of 5G- services.

That means that two decades after the sale of the 3G spectrum went headlines by recruiting record sums – and almost bankrupting some players – a new spectrum award bonanza is developing. Previously used for everything from academic satellites, to analog TV broadcasts, to wireless microphones used in theaters, airwaves are emptied and sold to the telecom industry for commercial use to meet the insatiable consumer demand for data.
Still, says Jay Goldberg, a consultant with D2D Advisory, for all hypoper operators struggling to say whether they want to profit from the new wireless technology. Much depends on the release of spectrum to deliver the promise from 5G without bankrupting operators, as was almost the case with 3G.

"The risk is that 5G requires large spectrum purchases that are only starting to be profitable in 10 years," he says.

The Race between Nations – including China, South Korea, the United States and the United Kingdom – being the first to launch 5G has prompted another debate over who will dominate the next generation of wireless telephony and harvest the most economical benefit. The US-China trade war has largely been fought over 5G and the role of the Chinese network supplier Huawei in the global industry.

China gave its spectral licenses to the country's telecommunications network in June instead of selling them. The United States then unveiled its largest range of sales ever in July, and may boast a plan to auction, by the end of the year, more airwaves than the country's overall mobile industry currently uses. It has set bids for some of the very high-frequency bandwidth at a value of one-tenth of a percent per megahertz per population, making these airwaves some of the cheapest ever sold.

telephone signals – like an electromagnetic cash cow. The Indian telecom regulator has just proposed to sell spectrum blocks for 5G at a price that is 40 percent above what was charged in other Asian markets.





Auctions in Italy and Germany have collected huge sums. Vodafone was forced to cut its profits for the first time in history following German sales amid industry warnings that the more they spend on the spectrum, the less they need to spend building the network via new masts, servers and base stations.

It appeared to be a thinly veiled threat to European politicians, who want a quick deployment of 5G, but seem reluctant to fix spectrum prices. According to MTN Consulting, spectrum prices accounted for an average of 11.4 per cent of the industry's capital expenditure between 2011 and 2018.

This debate takes place when a new auction round is due to take place, ranging from the UK to India, the US and France in the coming months. They will serve as a further guide to government priorities when it comes to 5G plans.

"Some countries see this as a way of taxing our industry rather than helping new technologies," said Enrique Lloves, Strategic Manager for Telefónica, Spanish Telecom Group. "This money is not coming back to the industry, and that is a concern for us, for consumers and the economy."

Others dispute that high spectrum costs have a knock-on effect on consumer prices.

"There is no evidence that higher spectrum costs have led to higher prices [for consumers]," says Paul Klemperer, the chief architect of the UK's 3G sale in 2000. "If I inherit a house for free it doesn't mean a landlord would did not pay any rent for it. ”

For operators, the dilemma is acute: pay too much and fight to roll out a network, pay too little and they will lose access to 5G, customers and potentially their business
European operators point to the case of Tele2 as an example of how things could go wrong, losing when 4G licenses were sold in Norway in 2013 after the incumbents were ambushed by a new player supported by billionaire Len Blavatnik. Tele2, based in neighboring Sweden, was forced to leave Norway months later.

The rapid growth of the wireless industry in the 1990s, and the value associated with the airwaves, created the auction system that has distributed licenses ever since. The package was originally packaged and distributed for nominal sums in the 1980s to new wireless carriers, such as BT Cellnet and Racal Electronics, the defense company that gave birth to Vodafone in the United Kingdom. Over the course of 15 years, these licenses evolved into a multi-billion dollar industry, largely built on thin air.

However, this approach to the basement stopped in 2000 when the UK 3G auction fetched a staggering £ 22.5bn from five carriers, in what eventually signaled a turning point for both the growth of the mobile industry in Europe and the value placed on the spectrum. . Nevertheless, the euphoria was short lived when 3G auctions in Italy, the Netherlands and Switzerland coincided with the UK's results.


The value of spectrum dropped rapidly as Europe's largest telecommunications companies spent too much on capturing the 3G market. BT was forced to fish out its mobile arm after the UK and German auctions crippled the balance with too much debt. When the 4G spectrum was auctioned in the UK 13 years later, only £ 2.3bn was collected, leaving George Osborne, the then Chancellor, and pledged a $ 1.2bn deficit in public finances after budgeting with a much higher income from sales.

There are many ways to auction specs from "at the same time several round rising" styles, to the right beauty contests and sealed envelope bids. Their success or failure is determined by a number of factors, including the number of licenses offered, the amount of spectrum sold, and the conditions attached to each license, such as geographic coverage obligations. They can be designed to encourage new entrants – by offering more licenses than existing networks – or to check larger companies that already have huge spectrum reserves by introducing caps.

How the spectrum blocks are cut can also have an effect. An almost equal distribution of lots can reduce competition tension, while wildly different blocking, as was the case in Italy, can generate a tender when operators fight not to be left with a minor part of the airwaves.
A poor design can lead to a market distortion where some bidders pay too much for the spectrum or get less than they need to compete. "It's very, very difficult to figure out what the best strategy can be," says an economist who specializes in spectrum auctions. "These auctions are just so complicated."

For a time, this was not a problem. The failure of 3G to meet expectations had put a damper on the auctions. In 2016 and 2017, sales in Slovakia, Spain, Ireland and the Czech Republic generated modest sums. That changed with the UK's spectrum sale in 2018 which can be used for 5G services. The £ 1.35 billion spent by the UK's four operators looked low, but with less spectrum on sales, the price per megahertz turned out to be a double market estimate.

More was to come. A populist government in Italy brought in € 6.5 billion from an auction last October, which had been structured so that only two of the four mobile networks in the country would secure large spectrum blocks. Nick Read, CEO of Vodafone, which stumped up € 2.4 billion for its slice of Italian spectrum, said the "artificial auction" had not created a fair balance for the industry.

The result sent shock waves through the sector. Bosses, already under pressure to invest billions in 5G and network expansion, were now forced to pay through the nose for the spectrum to do so. The Italian auction put a price per megahertz of € 0.35 per capita compared to € 0.036 in Finland in a sale held the same week.

In June, Germany withdrew € 6.6 billion – more than double what was expected – from a 5G auction. Bidding had been pushed higher by Drillisch, a smaller mobile operator, but also by Berlin's decision to carve out a quarter of the spectrum for industrial users such as the automotive industry that plans to use the faster network technology to develop more advanced production methods. This created a scarcity for the four remaining players who wanted to secure spectrum for commercial use.

Dirk Wössner, a member of the Deutsche Telekom Board, said that the high price had left a "bitter taste". "The network development in Germany has had a significant setback," he said. “The price could have been much lower. . . Network operators now lack money to expand their networks. "

Asked if he fears that the upcoming British auction could turn into another bidding generation," said Philip Jansen, BT chief executive: "I really hope not. It doesn't help anyone. "

Whether auction results prove to be a" nightmare "for Germany and Italy is unclear – 5G is still far from declining as a mainstream service. Still, the debate over how to best allocate spectrum, even in countries trying to win, is raging

"Recent spectrum auctions in the United States did not pull the demand we have seen before, "she says." We need to understand why. We should recognize that the success of our future auctions depends on developing a new class of spectrum interests that can join the ranks of those bidding on airwaves and promoting new ones. wireless innovation. ”

Spectrum war: How to avoid" bedlam "eventually led to a frenzy

Spectrum has not always been seen as a potential cash cow by governments. Nobel laureate Ronald Coase first settled the case for the sale of radio airwaves in 1959, but the proposal was first called as a recipe for "ethereal bedlam". Radio frequencies thus remained under close control of governments around the world until 1990 when New Zealand became the first country to hold a spectrum auction.

It paved the way for the first US auction in July 1994. The five-day process generated $ 617m in bids and proved to be a landmark in the history of telecommunications, with $ 60bn collecting 87 auctions over the next two decade. The economists behind the 1994 auction were later awarded the Golden Goose Award by Harvard University, which found that they had used game theory to free the United States from "wireless herring."

The UK's 3G auction six years later set a new stage for successful sales as 13 bidders vigorously fought for one of five licenses to launch a 3G network.

The United Kingdom was the first country to hold a 3G auction at a time when cash-rich telecommunications companies were engaged in a global catch.

It was so successful because it struck the right balance between enticing new players to bid while discouraging existing players, which became a hallmark of subsequent auction processes.

Adding too much complexity to auctions can also produce a sub-optimal result with bidders who are either cut off from bidding or unsure of the best strategy.



The IRREGULATORS won their first round against the FCC for ripping off the American taxpayers and putting us all at risk


Free Book Explains How Americans Have Become Powerless Against Telecom Companies
In June, Bruce Kushnick and The IRREGULATORS won their first round against the Federal Communications Commission (FCC) for ripping off the American taxpayers and putting us all at risk.
Thanks to Ecological Options Network for reminding everyone about the IRREGULATORS’ free e-Book offer as well as an update on this legal case in their blog:

The Irregulators, a team of senior telecom experts, are exposing in court the illegal accounting scheme to replace wired networks with wireless and make us pay for it!
The Background
  1. Verizon, AT&T and other companies have illegally been using the construction budgets of the copper wireline-based (landlines) state telecommunications utilities to build out their wireless networks.
  • Local phone customers have been charged inflated rates that have paid to help telecom companies build their networks – so that rate payers have been unknowingly subsidizing wireless services at the detriment of wired networks.  Landlines offer better sound quality and more reliability in emergencies such as fires and storms and are essential service for elders.  Landlines do not have the health and cyber risks of wireless communications.
  • If these “cross subsidies” were removed – or repaid – then 5G would not be profitable.
  • This shell game has given wireless companies enormous profits and has shown artificial losses for wired services. This has allowed telecoms to classify wired networks as unprofitable, to justify eliminating the superior copper-wired service and to force us into entirely wireless service!
  • The telecoms have already charged rate payers (at thousands of dollars/line over two decades), to develop a fiber optic service, but didn’t deliver it to us as promised. Now they are attempting to charge us again for it but only giving us wireless service.
  • Almost all these inaccurate and misleading financial practices were enabled by the FCC accounting rules.
  • Exposing these “cross subsidies” and requiring the FCC to demand that telecom carriers fix them to accurately reflect the actual costs associated with each respective technology, could be a game changer.
  • To add insult to injury, the companies have dumped billions per state of their ‘corporate operations expenses’ that should never have been charged. This is the executive pay, lobbyists, lawyers, golf tournaments and the corporate jets — and worse, these are the lawyers, lobbyists that are working to force 5G on us– we’re paying them extra to harm us!
Warnings about widespread 5G deployment have come from:
  1. Security experts
  2. Meteorologists, NASA, NOAA and the U.S. Navy
  3. Doctors and scientists (see 12, 3)
  4. Utility companies
The Telecom Industry doesn’t even have evidence that 5G is safe! 

Source