All in Wireless
The Federal Communications Commission has released a Notice of Inquiry to examine allowing wireless broadband services in spectrum bands between 3.7 and 24 GHz. Specifically, the FCC is seeking detailed comment on three sets of mid-band frequencies: 3.7 - 4.2 GHz; 5.925 - 6.425 GHz; and 6.425 - 7.125 GHz. Comments are due on or before October 2, 2017, and reply comments are due November 1, 2017.
One of the most important Fourth Amendment cases in years is being considered by the Supreme Court during its October 2017 term. The case, Carpenter v. United States, concerns whether historical cell site location information should be protected under the Fourth Amendment, requiring law enforcement to first obtain a search warrant before requiring wireless service providers to hand over CSLI related to a subscriber.
The Petitioner’s initial brief in Carpenter v. U.S. has been filed with the Supreme Court. The appeal presents the following question for the Court: Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.
Representative Austin Scott (R-GA) has introduced the Stop Taxpayer Funded Cell Phones Act of 2017 (H.R. 3546). The bill, if passed, would prohibit all mobile wireless providers from receiving universal service fund support from the Lifeline program beginning in 2018. Representative Scott’s bill also contains a provision requiring 2018 universal service fund contributions to be collected as if wireless providers will receive the same amount of Lifeline support received in 2017. It then directs this excess funding to be deposited in the general fund of the U.S. Treasury for the sole purpose of deficit reduction. The bill has been referred to the House Energy and Commerce Committee. Representative Scott has introduced similar versions of the bill in the last two congresses.
