Details

Category: Wireless Telecom Law

• Compliance

The Broadband Data Collection (BDC) is a process by the Federal Communications Commission (FCC) to collect data on broadband availability across the United States as per the Broadband DATA Act that sets forth specific certification requirements. It includes information from providers on their infrastructure, service availability, and subscription data. This data is used to create the National Broadband Map, which helps identify areas with limited or no broadband access.

The Data Specifications for Provider Infrastructure Data in the Challenge, Verification, and Audit Processes outline the specific requirements for how providers should submit their infrastructure data during the different stages of the BDC process:

• Challenge Process: This is when individuals, communities, and other stakeholders can dispute the accuracy of the broadband data shown on the National Broadband Map. The data specifications detail how providers must respond to these challenges and provide supporting evidence for their infrastructure data.
• Verification Process: This is an FCC-led process to verify the accuracy of the broadband data submitted by providers. The data specifications outline the criteria the FCC will use to assess the accuracy and completeness of the data, including the types of supporting documentation providers need to submit.
• Audit Process: This is a more in-depth examination of a provider's broadband data. The data specifications outline the specific procedures and requirements for providers to comply with during an audit.

Key Elements:

1. Data Files Submission: Providers must submit specific data files when responding to mobile challenges or verification inquiries. These files include detailed information about cell sites, antennas, and other infrastructure elements used to provide service in the challenged area. This data helps the FCC verify the accuracy of the coverage maps and resolve any disputes about service availability.

2. On-the-Ground Test Data: Providers can respond with on-the-ground test data in addition to infrastructure data. This involves conducting speed tests at specific locations within a hexagonal cell geography based on the H3 geospatial indexing system. These tests must meet specific geographic, temporal, and testing thresholds to be valid.

3. Verification Process: The FCC uses a variety of data sources to identify areas for verification inquiries, including crowdsourced data, third-party data, and FCC staff evaluations. Providers must submit data for a statistically valid sample of areas within the targeted region if their coverage data is questioned. The FCC evaluates factors such as test reliability, RF link budgets, and infrastructure data accuracy during the verification process.

4. Crowdsourced Data: Consumers can submit crowdsourced data through the FCC Speed Test app or approved third-party applications. This data, which must meet specific parameters and metrics, is used to supplement the FCC’s verification efforts and is publicly available once a critical mass is reached. The FCC initiates inquiries based on automated processes that highlight areas for further review​.

Below is an example National Broadband Map location summary for outdoor stationary mobile broadband. You can navigate to the FCC mobile challenge portal directly from the map (e.g., to challenge that you are not receiving 35 Mbps download speed and 3 Mbps upload speed on 5G NR at this location as indicated below).

 

For more detailed information and to access the specific data specifications, you can visit the FCC’s Broadband Data Collection resources page here.

For information on broadband coverage, you can contact wireless engineering firms such as Rfwel Engineering. You may also contact us for legal advice regarding your broadband coverage challenge.

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Details

Category: Wireless Telecom Law

• Equipment Certification

The FCC to adopt a Notice of Proposal Rule Making (NPRM)-(ET Docket No. 24-136) that proposes new rules to ensure TCBs (Telecommunication Certification Bodies) and Test Labs are trustworthy. 

As of 2022, FCC adopted rules that barred entities in the covered list from having their devices approved. 

The covered list, maintained by Public Safety and Homeland Security Bureau, is compiled in accordance with FCC rules 47 C.F.R § 1.50000 et seq. and the reasons for adding communication equipment in the covered list are enumerated in C.F.R § 150002 et seq. 

 

Proposed Changes

In 2024, FCC has passed proposal to ensure TCBs and Test labs are not only impartial and competent but are also trustworthy (i.e.  they have no ties with adversary governments like CCP-China Communist Party, or any other entities determined by the U.S. government to pose an unacceptable security risk). The proposal will ensure: 

• Any TCB or Test lab of which an entity in the FCC’s covered list has direct or indirect ownership or control of 10% or more will be suspended from participating in FCC’s equipment authorization process. 
• Propose, as part of the Commission’s effort to strengthen oversight of the equipment authorization program, to adopt new information collections to require that TCBs and test labs report any entity that holds a 5% or greater direct or indirect equity and/or voting interest in them. 
• Will clarify the extent to which the FCC would impose the eligibility restrictions for TCBs and test labs based on lists developed by Executive Branch agencies that reflect expert determinations about entities that pose national security risks. 

Some of the entities in the covered list are: 

• Huawei Technologies Company 
• ZTE Corporation 
• More

See details on wireless equipment authorization in the United States. 

Details

Category: Wireless Telecom Law

• Equipment Certification
• Compliance

In the United States, wireless equipment authorization is a critical step for manufacturers and developers to legally market their products. The Federal Communications Commission (FCC) oversees this process to ensure that all electronic devices comply with the necessary regulations to avoid harmful interference and to ensure safety. Below are the steps required to obtain wireless equipment authorization, the types of devices that need FCC authorization, and the methods of obtaining such authorization, including Supplier’s Declaration of Conformity (SDoC) and FCC Certification.

Types of Devices Requiring FCC Equipment Authorization

Any electronic device that emits radio frequency (RF) energy and is intended for use in the United States needs to comply with FCC regulations. These devices include, but are not limited to:

• Wireless routers
• Mobile phones
• Bluetooth devices
• Wi-Fi enabled devices
• RF remote controls
• Radio transmitters
• Satellite communication devices

Essentially, if your device intentionally radiates RF energy, it likely needs FCC equipment authorization.

Methods of Obtaining FCC Equipment Authorization

There are two primary methods for obtaining FCC equipment authorization: Supplier’s Declaration of Conformity (SDoC) and FCC Certification. Both processes ensure that the devices comply with the applicable FCC rules, but they differ in their procedures and requirements.

Supplier’s Declaration of Conformity (SDoC)

The SDoC process is typically used for devices that are not considered to have a high potential for causing harmful interference, typically unintentional radiators. This could also be used if the radio modules used by the device are already FCC certified. This method involves the following steps:

1. Testing: The device must be tested to ensure it complies with the FCC emissions and immunity standards based on the device's intended use. This testing can be done by the manufacturer or a third-party testing facility.
2. Documentation: The manufacturer must compile a technical file that includes the test report, product description, and compliance statement.
3. Labeling: The device must be labeled with the FCC logo and any other required information. 
4. Record Keeping: The manufacturer must keep the compliance documentation and be able to provide it to the FCC upon request. See 47 CFR § 2.938.

FCC Certification

FCC Certification is required for devices with higher risk of causing interference, such as intentional radiators (e.g., transmitters). The certification process is more rigorous and involves the following steps:

1. Testing: The device must be tested by an FCC-recognized accredited testing laboratory.
2. Filing: The test results, along with the necessary technical documentation, must be submitted to a Telecommunication Certification Body (TCB) for review.
3. Grant of Equipment Authorization: If the TCB determines that the device meets all FCC requirements, it issues a grant of equipment authorization, and the device is assigned an FCC ID.
4. Labeling: The device must be labeled with the assigned FCC ID and other required information.
5. Post-Market Surveillance: The FCC or the TCB may conduct post-market surveillance to ensure continued compliance.

Comparing SDoC and FCC Certification

Aspect	SDoC	FCC Certification
Complexity	Simplified, less rigorous	More rigorous and detailed
Testing	Can be done by manufacturer or third party	Must be done by FCC-recognized lab
Approval	Self-declaration	Requires review and approval by TCB
Labeling	FCC logo and compliance statement	FCC ID and additional labeling requirements
Applicability	Low-risk devices	High-risk devices, especially intentional radiators
Record Keeping	Manufacturer keeps records	Records kept and managed by TCB

 

FCC Part 15

FCC Part 15 covers unlicensed transmissions and sets forth the regulations for devices that emit RF energy without requiring a specific license. It includes rules for:

• Intentional Radiators: Devices that intentionally emit RF energy, such as Cellular/ Wi-Fi routers and Bluetooth devices. See 47 CFR Subpart C.
• Unintentional Radiators: Devices that may emit RF energy as a byproduct of their operation, such as computers and other electronic devices. See 47 CFR Subpart B.

Compliance with Part 15 ensures that devices do not cause harmful interference and must accept any interference received.

47 CFR § 15.101 provides examples of unintentional radiators that can use SDoC procedure for authorization and those that must use FCC certification:

Unintentional Radiator	Can Use SDOC for Equipment Authorization?
TV Broadcast Receiver	Yes
FM Broadcast Receiver	Yes
CB Receiver	Yes
Superregenerative Receiver	Yes
Scanning Receiver	No
Radar Detector	No
All other receivers subject to Part 15	Yes
TV Interface Device	Yes
Cable System Terminal Device	Yes
Stand-alone Cable input selector switch	Yes
Class B personal computers and peripherals	Yes
CPU boards and internal power supplies used with Class B personal computers	Yes
Class B personal computers assembled using authorized CPU boards or power supplies	Yes
Class B external switching power supplies	Yes
Other Class B digital devices & peripherals	Yes
Class A digital devices, peripherals & external switching power supplies	Yes
Access Broadband over Power Line (Access BPL)	No

 

Other Common FCC Parts

• FCC Part 22: Governs public mobile services, including cellular networks.
• FCC Part 24: Covers personal communication services (PCS), such as mobile phones.
• FCC Part 27: Pertains to miscellaneous wireless communications services, including certain broadband services.
• FCC Part 90: Regulates private land mobile radio services, including public safety and industrial communications.

Contact Us

For any legal questions regarding getting your new devices compliant with FCC regulations, feel free to contact us. Our experienced team is ready to assist you in navigating the complexities of wireless equipment authorization.

Learn more about FCC equipment authorization here.

Details

Category: Wireless Telecom Law

• Fixed Wireless Access

Current State of Fixed Wireless Access (FWA)

Fixed Wireless Access (FWA) is a critical component of the United States' telecommunications landscape, offering high-speed internet to both urban and rural areas without the need for traditional wired infrastructure. FWA leverages radio frequencies to provide broadband services, making it a flexible and often more cost-effective solution for expanding internet access. The FCC and NTIA's initiatives are pivotal in driving the expansion of FWA, particularly in unserved and underserved areas.

 

FCC Initiatives

The Federal Communications Commission (FCC) has been actively promoting FWA through several key programs:

1. Rural Digital Opportunity Fund (RDOF): This program allocates funding to service providers to expand broadband networks in underserved rural areas. FWA has been a beneficiary of these funds, as it offers a viable solution for rapid deployment.
2. 5G Fund for Rural America: Focused on bringing 5G technology, including FWA, to rural regions, this initiative aims to bridge the digital divide by supporting infrastructure development. A significant portion of the funds were set aside to support precision agriculture needs.
3. Spectrum Auctions: The FCC regularly conducts spectrum auctions, releasing bands suitable for FWA, such as the 3.5 GHz CBRS band and the 24 GHz and 28 GHz mmWave bands, to promote competitive deployment and innovation in wireless services.
4. Connect America Fund (CAF): A program under the universal service high-cost programs, it provides funding to expand broadband services in rural and high-cost areas. CAF Phase II specifically included support for FWA providers as part of its competitive bidding process to ensure cost-effective deployment.

5. Broadband Data Collection Initiative: The FCC provides the National Broadband Map with information about the internet services available at individual locations across the country. This helps to identify areas where broadband, including FWA, is lacking and target funding.

 

NTIA Efforts

The National Telecommunications and Information Administration (NTIA) also plays a significant role in FWA development:

1. Broadband Infrastructure Program (BIP): It is a $288M program that offers funds as grants to support the deployment of broadband infrastructure in areas lacking access, especially rural areas. It is competitively offered to partnerships between states (or any political sub-division of a state) and providers of FWA.
2. National Broadband Availability Map (NBAM): This tool helps identify areas lacking sufficient broadband access, guiding investments and policy decisions to target regions where FWA can make a substantial impact.
3. Broadband Equity Access and Deployment Program (BEAD): Provides funds to facilitate high speed internet access development across all jurisdictions in the USA. It targets both unserved and underserved areas while including a broader focus on affordability and digital inclusion.
4. Tribal Broadband Connectivity Program: Meant to expand broadband access and adoption on tribal lands. This program is part of a broader effort to bridge the digital divide and ensure that Native American communities have reliable and affordable internet access.
5. Enabling Middle Mile Broadband Infrastructure Program: Provides funding for the expansion and extension of middle mile infrastructure across U.S. states and territories. In total, the program allocated $980 million to fund projects for the construction, improvement, or acquisition of middle mile infrastructure.

6. Connecting Minority Communities Pilot Program: It is $285M fund aimed at expanding broadband access, connectivity, and digital inclusion in minority communities. It addresses the lack of Internet access, connectivity, adoption, and equity at Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and Minority-Serving Institutions (MSIs).

 

Licensing for Licensed FWA

Successfully navigating the licensing process requires a thorough understanding of regulatory frameworks and a strategic approach to spectrum management. Obtaining licenses for operating FWA in licensed spectrum bands involves several steps:

1. Spectrum Auctions: Interested service providers must participate in FCC spectrum auctions to acquire licenses for specific frequency bands. The process includes pre-auction preparations, bidding, and post-auction licensing procedures.
2. Regulatory Compliance: Licensees must comply with FCC regulations, which include technical standards, operational requirements, and reporting obligations. Ensuring adherence to these rules is crucial for maintaining the license and avoiding penalties.
3. Coordination and Interference Management: Licensed FWA operators must coordinate with other spectrum users to manage interference and optimize spectrum utilization. This often involves working with spectrum management entities and engaging in collaborative efforts with other stakeholders.