Daily Ex Parte, Aug 22, 2025
Upper C-Band, T-Mobile/USCellular, T-Mobile drive test data submitted as part of its Third Annual Progress Report, NAB (review of foreign ownership policies under Section 310(b) of the Act)
Filers
Aerospace Industries Association, Airlines for America, CTIA
Rural Wireless Association, Inc., New America’s Open Technology Institute, Communications Workers of America
Ad Hoc Broadband for Rural Health Group
T-Mobile US, Inc.
National Association of Broadcasters
Aerospace Industries Association, Airlines for America, CTIA
Proceeding(s): 25-59
Date of Meeting: This ex parte filing is a written communication dated August 21, 2025, submitted in lieu of a meeting.
Date Disseminated: August 22, 2025
Participants: The letter was submitted on behalf of the Aerospace Industries Association (AIA), Airlines for America (A4A), and CTIA—THE WIRELESS ASSOCIATION®.
Industry Representatives:
Dorothy B. Reimold, Vice President, Civil Aviation, Aerospace Industries Association (AIA)
Sharon Pinkerton, Senior Vice President, Legislative and Regulatory Policy, Airlines for America (A4A)
Umair Javed, Senior Vice President & General Counsel, CTIA—THE WIRELESS ASSOCIATION®
Addressed To (FCC):
Marlene H. Dortch, Secretary, Federal Communications Commission
Copied To (FCC):
Andy Hendrickson
Joel Taubenblatt
Copied To (Other Agencies):
Bruce DeCleene, FAA
Mark Fox, FAA
Charles Cooper, NTIA
Summary of Discussion:
The Aerospace Industries Association (AIA), Airlines for America (A4A), and CTIA submitted a joint letter to the Federal Communications Commission (FCC) outlining a collaborative approach to opening the upper C-Band (3.98-4.2 GHz) for mobile broadband use while ensuring aviation safety.
The core message of the letter is that the aviation and wireless industries are proactively working together to maintain U.S. leadership in both sectors. To this end, they have established "regular technical exchanges" between their respective subject matter experts. The primary goal of this collaboration is to develop a "consensus analytical framework" for evaluating coexistence parameters between future mobile operations in spectrum above 3.98 GHz and existing radio altimeters, which operate in the adjacent 4.2-4.4 GHz band.
This joint effort was prompted by the FCC's Notice of Inquiry regarding the 3.98-4.2 GHz band and the "One Big Beautiful Bill Act's" mandate to auction at least 100 megahertz of this spectrum within two years. The organizations believe their cooperation is crucial to a successful outcome.
Beyond the technical framework, the groups' discussions also address other critical issues, including necessary regulatory procedures, economic impacts, and operational requirements for both the aviation and wireless industries. They urge the FCC, NTIA, and FAA to engage in similar inter-agency coordination to ensure a transparent, efficient, and mutually beneficial transition.
Ultimately, the associations assert that their combined efforts can provide a "sound technical basis" for the Commission to proceed with an auction of a significant portion of the upper C-Band. They believe this can be done while simultaneously adopting rules that guarantee safe coexistence with aviation operations. The letter also highlights that their work aims to incentivize the aviation sector to accelerate its ongoing efforts to design, build, and deploy new, more resilient radio altimeters.
The filing concludes with a request for a meeting with the Commission to discuss their collaborative work in more detail.
Source: [NOTICE OF EXPARTE, Aerospace Industries Association, Airlines for America, CTIA, https://www.fcc.gov/ecfs/document/10821300056699/1]
Rural Wireless Association, Inc., New America’s Open Technology Institute, Communications Workers of America
Proceeding(s): 24-286
Date of Meeting: August 19, 2025
Date Disseminated: August 21, 2025
Participants: Representatives of the Rural Wireless Association, Inc. ("RWA"), New America's Open Technology Institute ("New America"), and Communications Workers of America ("CWA") (collectively, the "Coalition") met with staff from Commissioner Anna Gomez's office.
Coalition Attendees:
Carri Bennet, Outside General Counsel, Rural Wireless Association, Inc.
Stephen Sharbaugh, Regulatory Counsel, Rural Wireless Association, Inc.
Nell Geiser, Director of Research, Communications Workers of America
Michael Calabrese, Director, Wireless Future Program & Senior Advisor, New America's Open Technology Institute
FCC Attendees:
Deena Shetler, Chief of Staff and Legal Advisor to Commissioner Anna Gomez
Edyael Casaperalta, Legal Advisor to Commissioner Anna Gomez
Summary of Discussion:
The meeting focused on the Coalition's Application for Review concerning the transfer of assets and licenses from United States Cellular Corporation ("UScellular") to T-Mobile US, Inc. ("T-Mobile"). The Coalition argued that the decision by the Wireless Telecommunications Bureau and the Office of International Affairs (the "Bureaus") to approve the transfer without adequate public interest conditions was erroneous and should be reviewed by the full Commission.
Key arguments presented by the Coalition include:
Improper Delegation of Authority: The Coalition argued that the Bureaus legally erred by ruling on this matter. They asserted that the transaction presented "new or novel questions of law or policy," which, under FCC rules, precludes staff-level action. Specifically, the Bureaus improperly substituted an unprecedented "competitive constraint" standard for the established "effective competition" standard, particularly regarding the role of cable mobile virtual network operators (MVNOs). The Coalition stated that such significant policy decisions should be made by the Commissioners, not staff.
Flawed Analysis of MVNO Competition: The Coalition disputed the Bureaus' conclusion that cable MVNOs act as a sufficient "competitive constraint" on the market. They contended that the major mobile network operators (MNOs)—T-Mobile, Verizon, and AT&T—control the wholesale network access prices for MVNOs. Therefore, the ability of MVNOs to compete is entirely dependent on the MNOs' willingness to allow it, rendering them an unreliable check on MNO power.
Inadequate and Irrelevant Conditions: The Coalition criticized the conditions attached to the approval order, stating they failed to address harms identified in the record. Conversely, the order included provisions—related to tower construction, maintenance, and DEI—that were not raised during the proceeding. They highlighted that T-Mobile's agreement with NATE – The Communications Infrastructure Contractors Association was adopted without public comment or scrutiny, despite NATE not being a party to the proceeding. CWA further argued this agreement has significant flaws, potentially violating antitrust laws and failing to protect workers' rights in the tower industry.
Failure to Impose Handset Unlocking Requirements: The Coalition stressed the importance of handset unlocking conditions to promote consumer choice. They argued the Bureaus incorrectly dismissed this issue by referencing a pending FCC rulemaking. The Coalition pointed out that any future rules would only apply to newly activated devices and that the Bureaus broke from past FCC precedent by not imposing such unlocking obligations in this transaction.
Lack of Transparency: RWA's counsel expressed concern over the FCC's delay in ruling on its expedited request to review Highly Confidential Information, specifically Verizon's MVNO wholesale agreements. They argued this delay undermines transparency and hinders RWA's ability to participate fully in the proceeding.
Finally, the Coalition urged the Commission to act quickly on their Application for Review, noting they must exhaust their administrative remedies before they can pursue a judicial appeal.
Source: [NOTICE OF EXPARTE, Rural Wireless Association, Inc., New America’s Open Technology Institute, Communications Workers of America, https://www.fcc.gov/ecfs/document/10821083014386/1]
Ad Hoc Broadband for Rural Health Group
Proceeding(s): 02-60, 17-310, 25-133
Date of Meeting: August 19, 2025
Date Disseminated: August 22, 2025
Participants: Representatives from the Ad Hoc Broadband for Rural Health Group (BRHG) met with staff from the office of FCC Chairman Carr.
BRHG Representatives:
Dan Kettwich, President, ADS Advanced Data Services, Inc.
Paige Pierce, Manager of Telecom Services, Community Hospital Corporation
Rob Jenkins, Senior Director of Broadband Services, Colorado Hospital Association Broadband Services (CHABS)
Jordan Rogers, Director of Relationship Marketing, North Carolina Telehealth Network
Jim Rogers, President, HealthConnect Networks
Jeffrey A. Mitchell, Esq., Counsel for the Ad Hoc Broadband for Rural Health Group
FCC Staff:
Danielle Thumann, Senior Counsel, Office of Chairman Carr
Callie Coker, Legal Advisor, Office of Chairman Carr
Summary of Discussion:
The Ad Hoc Broadband for Rural Health Group (BRHG) discussed two primary topics: the potential future impact of the Supreme Court's decision in FCC v. Consumers' Research on the Rural Health Care (RHC) program, and ongoing concerns with inconsistent and opaque eligibility decisions made by the Universal Service Administrative Company (USAC).
1. Impact of FCC v. Consumers' Research Decision:
The BRHG shared insights from their educational meetings on Capitol Hill regarding the Supreme Court's decision. They highlighted a potential vulnerability for the RHC program stemming from the court's handling of the nondelegation doctrine. Specifically:
The group pointed to Footnote #9 in the majority opinion and Justice Gorsuch's dissent, which suggest that the statutory authority for funding "advanced" and "additional" services under Sections 254(c)(3) and 254(h)(2) of the Communications Act remains open to future constitutional challenges.
The attached presentation material explained that these specific subsections authorize funding for advanced services (e.g., Internet Access, Ethernet, managed services, necessary equipment) for both the RHC and E-Rate programs.
Critically, the RHC program's Healthcare Connect Fund (HCF)—which accounted for $377 million (60%) of committed RHC funding in 2024—relies entirely on this authority to support advanced non-telecommunications services. The potential for a future successful legal challenge, therefore, poses a significant risk to the HCF.
2. Inconsistent USAC Eligibility Decisions:
The BRHG, representing experienced and sophisticated RHC program participants, expressed significant concern over what they view as inconsistent product and service eligibility decisions by USAC, particularly for network services.
They argued that USAC's published list of "examples of products and services" is often unhelpful in understanding the rationale behind specific funding denials.
The BRHG referenced their formal comments in the Delete, Delete, Delete proceeding (GN Docket No. 25-133), where they asked the FCC to provide more transparent public guidance regarding product eligibility by ruling on appeals.
They provided a recent appeal filed by the New England Telehealth Consortium (NETC) as a prime example of changing and unclear eligibility standards. They also noted that CHABS and other BRHG members have multiple appeals pending at the FCC involving similar product eligibility disputes.
The group voiced concern that USAC's decisions are being guided by non-public "funding request review procedures," making it difficult for program participants to understand and comply with what appear to be evolving standards.
Source: [NOTICE OF EXPARTE, Ad Hoc Broadband for Rural Health Group, https://www.fcc.gov/ecfs/document/10822171526272/1]
T-Mobile US, Inc.
Proceeding(s): 22-211
Date of Meeting: August 20, 2025
Date Disseminated: August 22, 2025
Participants: Representatives from T-Mobile US, Inc. (Ankur Kapoor, Tom Dombrowsky, Grace Jacinto, Robert Frangooles, Ronald David) and its counsel from DLA Piper LLP (US) (Nancy Victory, Peter Shroyer) met with staff from the Federal Communications Commission (FCC) including Donald Stockdale, Catherine Matraves, Susannah Larson, Matthew Collins, Cameron Duncan, Justin Park, and Jeffrey Ocker.
Summary of Discussion: The meeting focused on the drive test data submitted as part of T-Mobile's Third Annual Progress Report, which demonstrates compliance with 5G network deployment commitments made during the T-Mobile/Sprint merger.
T-Mobile representatives briefed FCC staff on their drive test methodology, as memorialized in the "Drive Test White Paper," and demonstrated where information on various aspects of the testing could be located within the submitted data.
A significant portion of the discussion centered on the methodology for selecting additional testing locations in large rural census blocks. T-Mobile identified the specific software used to calculate low-, medium-, and high-intensity developed areas: the 2019 publication of the National Land Cover Database and FME v2021.1.5 from Safe Software. Using presentation slides (which were filed confidentially), T-Mobile demonstrated its process by walking through two sample large rural census blocks, showing how it applied the data to identify additional grids for testing.
Additionally, T-Mobile informed the FCC staff of a coding error in the submitted data. The "cause" codes for why a grid was not tested were inadvertently reversed for two categories: "Not Accessible" and "Pops Less Than 5." For example, a grid that was not accessible was incorrectly coded as having a population of less than five. T-Mobile identified the specific file affected ("FCC_Reference Matrix for non-driven grids with matching parameters – Proprietary Confidential Business Information.xlsx") and emphasized that this error had no impact on the overall population coverage results reported in its Third Annual Progress Report.
Source: [NOTICE OF EXPARTE, T-Mobile US, Inc., https://www.fcc.gov/ecfs/document/10822386807368/1; https://www.fcc.gov/ecfs/document/10822386807368/2]
National Association of Broadcasters
Proceeding(s): 25-149
Date of Meeting: August 22, 2025
Date Disseminated: August 22, 2025
Participants: This was a written ex parte communication submitted by Erin Dozier, Senior Vice President and Deputy General Counsel for the National Association of Broadcasters (NAB), to Marlene H. Dortch, Secretary of the Federal Communications Commission (FCC).
Summary of Discussion:
The National Association of Broadcasters (NAB) submitted a written ex parte communication to update its position in the proceeding concerning the review of foreign ownership policies under Section 310(b) of the Communications Act.
In its initial comments filed on July 23, 2025, the NAB had expressed opposition to the FCC's proposal to adopt specific processing guidelines for broadcast assignment and transfer of control applications that are pending while a remedial Section 310(b) petition is also under review. The FCC's proposal aimed to codify its existing practice of conditioning the grant of such applications on the petitioner's compliance with certain restrictions.
However, in this filing, the NAB states that upon further consideration, it is withdrawing its opposition. The NAB now believes that establishing these specific standards will ultimately benefit, rather than burden, broadcast licensees. The filing formally updates the record to reflect this change in the NAB's position.
Source: [NOTICE OF EXPARTE, National Association of Broadcasters, https://www.fcc.gov/ecfs/document/10822661227637/1]