RCR Wireless News recently spoke with Trey Hanbury, a partner in Hogan Lovell’s Washington, D.C., office and a member of the law firm’s Technology, Media and Telecoms practice, on a number of Federal Communications Commission proceedings scheduled for the next couple of months tied to its planned 600 MHz incentive auction.
The firm recently released a listing of seven moves the FCC has on its docket tied to the auction, including:
–An open meeting to release a draft notice of proposed rulemaking regarding Part 15, which will propose to divide the 11-megahertz duplex gap between license blocks for use by unlicensed devices, and licensed and unlicensed wireless microphones.
–The release of an NPRM on construction deadlines and possible assistance for low-power television stations.
–An inter-service interference declaratory ruling linked to how the FCC classifies television station coverage areas and population requirements.
–An inter-service interference order and further NPRM to address how the FCC deals with potential interference between television broadcasters and wireless broadband services using the 600 MHz band.
–A competitive bidding NPRM in which the FCC will decide if it will allow bidders to form joint-bidding arrangements as well as updates to its always-controversial designated entity rules, which provide bidding discounts for certain entities based on their economic size.
–Hotel chain Marriott International has agreed to pay a $600,000 fine connected to findings that it interfered with and disabled Wi-Fi networks established by consumers in the conference facilities at the Gaylord Opryland Hotel and Convention Center in Nashville, Tennessee. According to the FCC, interference violated Section 333 of the Communications Act.
The FCC noted that an investigation found Marriott employees had used “containment” features from a Wi-Fi monitoring system to prevent customers from connecting to their own Wi-Fi networks. The hotel in turn was charging consumers up to $1,000 per device to connect to the hotel’s Wi-Fi network. The investigation, which began back in 2013, found the hotel was sending “de-authentication packets to the targeted access points,” which prevented consumers from connecting to those networks.
In addition to the fine, the hotel is prevented from using Wi-Fi blocking technology and “take significant steps to improve how it monitors and uses its Wi-Fi technology at the Gaylord Opryland.”
In a statement, Marriott seemed to explain the practice as an attempt to protect its guests from “rogue wireless hot spots that can cause degraded services, insidious cyber-attacks and identity theft.”
“Like many other institutions and companies in a wide variety of industries, including hospitals and universities, the Gaylord Opryland protected its Wi-Fi network by using FCC-authorized equipment provided by well-known, reputable manufacturers,” the hotel chain explained. “We believe that the Gaylord Opryland’s actions were lawful. We will continue to encourage the FCC to pursue a rulemaking in order to eliminate the ongoing confusion resulting from today’s action and to assess the merits of its underlying policy.”
–Wireless industry trade association CTIA has thrown its support behind the FCC connected to the government agency’s legal battle with the Sinclair Broadcast Group and the National Association of Broadcasters. Sinclair and NAB are suing the FCC in the Washington, D.C., Federal Appeals Court over the planned 600 MHz incentive auction currently scheduled for mid-2015.
Sinclair alleges that the FCC report and order relating to the rules regarding the auction, which was issued in May, is “illegal, arbitrary and capricious” and has asked the federal court to vacate the rules. The move essentially forces the FCC to draw up new guidelines for the forthcoming auction and keep any new guidelines set by the court in mind.
NAB joined Sinclair in its lawsuit on the grounds that the FCC’s calculation of bandwidth reallocation after the auction is illegal and could harm broadcasters. Sinclair and NAB are both expected to submit briefs to the court by Oct. 31. CTIA along with the Consumer Electronics Association and the Competitive Carriers Association have sought to intervene in the case and plan to submit their legal briefs by Nov. 7. CTIA has stated its intervention is because the outcome of the lawsuit will substantially affect its members.
“CTIA supports the FCC’s efforts to implement the 600 MHz incentive auction, which is why we filed … a motion to intervene in Sinclair’s litigation challenging the FCC’s incentive auction order, a timely and successful auction is key to the future of mobile broadband services in the U.S., and we continue to believe this auction will be a win for broadcasters, wireless companies and consumers,” said CTIA VP of regulatory affairs Scott Bergmann, in a statement. “We believe that the FCC has struck the right balance in implementing the bipartisan direction of Congress, and we will continue to work with all parties and in all venues to ensure that the commission is ready to hold the auction on a timely basis and that consumers emerge as winners.”
The FCC has estimated that wireless operators will be willing to pay up to $38 billion dollars for spectrum allocation. The court has agreed to expedite the case, but a ruling is still not expected until early 2015.
–The Telecommunications Industry Association named Scott Belcher to its newly created CEO position, where he will be responsible for managing the trade association’s operations and “providing long-term strategic direction.” Belcher most recently served as president and CEO of the Intelligent Transportation Society of America.
TIA President Grant Seiffert will report to Belcher.
Make sure to keep up to date on policy news by visiting RCR Wireless News’s Policy page.
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