Wireless Telecommunications

T-Mobile and Sprint jointly announced that they have ceased talks to merge as the companies were unable to find mutually agreeable terms. “The prospect of combining with Sprint has been compelling for a variety of reasons, including the potential to create significant benefits for consumers and value for shareholders. However, we have been clear all along that a deal with anyone will have to result in superior long-term value for T-Mobile’s shareholders compared to our outstanding stand-alone performance and track record,” said John Legere, President and CEO of T-Mobile US, Inc.

On Oct 5, several Members of Congress wrote to Federal Communications Commission Chairman Ajit Pai regarding the FCC's Notice of Inquiry "Concerning Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion." The lawmakers wrote, "we strongly oppose any proposal to lower speeds from the current standard of 25 Mbps download/3 Mbps upload to 10 Mbps download/I Mbps or to find mobile broadband as a universally appropriate replacement for fixed, home broadband." On Oct 24, Chairman Pai responded, writing, "With respect to claims that the Section 70

The Trump administration has quietly dropped an Obama-era proposal requiring all new vehicles to have communication technology that allows them to wirelessly “talk” to each another. The rule, unveiled last December, calls for all new light-duty cars and trucks to eventually be equipped with vehicle-to-vehicle (V2V) technology, a safety system that enables cars to send wireless signals to each other, anticipate each other’s moves and thus avoid crashes. Officials have said the technology could prevent tens of thousands of crashes each year.

Senate Commerce Committee Chairman John Thune (R-SD) and Communications Subcommittee Ranking Member Brian Schatz (D-Hawaii) have circulated the draft of a bill that would speed the deployment of 5G, just one a host of moves to goose the buildout of high-speed broadband.

[Commentary] With the Sprint T-Mobile merger called off, what’s next for the wireless carriers? Many saw the merger as the best move for Sprint, which has been struggling in a competitive wireless market. The merger was less critical for T-Mobile. But that company has been a disruptive force in the wireless industry and hasn’t been one to simply maintain the status quo.

Apple, locked in an intensifying legal fight with Qualcomm, is is designing iPhones and iPads for next year that would jettison the chipmaker’s components. Apple is considering building the devices only with modem chips from Intel and possibly MediaTek because Qualcomm has withheld software critical to testing its chips in iPhone and iPad prototypes.

This report analyzes the current and emerging generation of mobile wireless technologies and Compares those technologies to wireline technologies such as fiber‐to‐the‐premises (FTTP), cable broadband, and copper DSL across a range of technical parameters, including reliability, resilience, scalability, capacity, and latency. The report also evaluates wireless carriers’ mobile pricing and usage structures—including so‐called “unlimited” data plans—because those policies play a significant role in whether consumers can substitute mobile for wireline service.

The report concludes that, for both technical and business reasons, wireless technologies are not now, and will not be in the near to medium future, adequate alternatives or substitutes for wireline broadband.

The Federal Communications Commission’s newest commissioner, Brendan Carr, said that FCC Chairman Ajit Pai has appointed him to take the lead on the agency’s wireless infrastructure proceeding, including for small cells. And he boasted of progress: He said the agency will vote in Nov on rules aimed at eliminating the need for historic preservation review in cases where telecommunication providers swap out old equipment with new equipment.

“As a practical matter, this order could go a long way in speeding the regulatory review process as providers seek to update and densify their networks for 5G. The text of this proposed decision will be released publicly later today, so all stakeholders will have a chance to review it before we vote at the Commission,” Commissioner Carr said.

[Commentary] One of the biggest cases for the US Supreme Court’s current term could mark a watershed moment for the Fourth Amendment. In Carpenter v. United States, the court will consider whether police need probable cause to get a search warrant to access cell site location information (CSLI), data that's automatically generated whenever a mobile phone connects to a cell tower. Not only does this case offer a chance to protect privacy rights for cell phones, Carpenter also provides an opportunity to reevaluate an antiquated legal theory, called the third-party doctrine, that underpins many government surveillance programs.

If the Supreme Court rules that CSLI falls outside the Fourth Amendment, warrantless searches will inevitably lead to wrongful seizures.

[Nick Sibilla is a legislative analyst at the Institute for Justice, a libertarian-leaning public interest law firm.]

At our November open meeting, we'll be tackling top priorities: curtailing unlawful robocalls, unleashing 5G wireless connectivity, enabling the next generation of broadcast television, speeding infrastructure deployment, and modernizing our media ownership rules.

Lifeline: Speaking of bridging the digital divide, the Lifeline program is an important component of the Commission's efforts to bring digital opportunity to low-income Americans. But when I testified on Capitol Hill last month, I heard loud and clear from Democratic and Republican Senators alike that the program is in need of serious reform. For starters, we need to crack down on waste, fraud, and abuse. And we will. For instance, right now, Lifeline recipients in cities like Tulsa, Oklahoma, and Reno, Nevada receive an enhanced Tribal subsidy, intended for rural Tribal lands, of $34.25 a month, while those in other cities receive the standard $9.25 subsidy. Giving residents of Tulsa and Reno an extra $25 per month subsidy is a waste of money given that the cost of providing service in those cities is far lower there than it is in poorer, rural areas. Therefore, at our November meeting, the Commission will aim to close this loophole and limit the enhanced Tribal subsidy to those actually living on Tribal lands in rural areas. We'll also vote to solicit public input on how to effectively and efficiently direct Lifeline funds to the areas where they are most needed and to do so consistent with the FCC's legal authority. And we'll give Lifeline recipients better service and more choices–such as by eliminating a current prohibition on Lifeline broadband beneficiaries changing service providers for an entire year.

Media Ownership: We will be voting on modernizing our media ownership rules to reflect the marketplace of the present, not the past. President Clinton's first FCC Chairman stated, "Under current conditions, the FCC's [newspaper/broadcast cross-ownership] rule is perverse." In 2017, the FCC is poised to finally bring our media ownership rules into the digital age. If this proposed Order is adopted, the FCC would make five significant nods to reality. First, we would once and for all eliminate the newspaper/broadcast cross-ownership rule. In this day and age, if you want to buy a newspaper, you deserve a roadmap, not a roadblock. Second, we would eliminate the radio/television cross-ownership rule, which is unnecessary in today's marketplace given the Commission's separate local radio and local television ownership rules. Third, we would revise the local television ownership rule to eliminate the eight-voices test and incorporate a case-by-case review into the top-four restriction. This would better reflect the competitive conditions in local markets. Fourth, we would eliminate the attribution rule for television joint sales agreements, finding that JSAs serve the public interest by allowing broadcasters to better serve their local markets. And fifth, we would finally establish an incubator program to encourage greater diversity in and new entry into the media business and seek comment on what the details of that program should be.