The Federal Communications Commission proposed next steps to prepare the upper 37 GHz, 39 GHz, and 47 GHz bands for auction. In particular, auctioning the 39 GHz and upper 37 GHz bands together presents a critical opportunity for 5G deployment as it represents the largest amount of contiguous spectrum available in the millimeter-wave bands.

The Fourth Further Notice of Proposed Rulemaking proposes to transition existing spectrum holdings in the 39 GHz band (38.6-40 GHz) to the new flexible-use band plan in a manner that will promote the efficient use of this spectrum by incumbents and new licensees for new wireless services. The Fourth FNPRM also proposes related service rule changes for the Upper 37 GHz (37.6-38.6 GHz) and 47 GHz (47.2-48.2) bands. Specifically, the Fourth FNPRM:

1. Proposes to modify the 39 GHz, Upper 37 GHz, and 47 GHz band plans from 200 megahertz to 100 megahertz channels.
2. Proposes an incentive auction that would offer contiguous blocks of spectrum throughout the 39 GHz, Upper 37 GHz, and 47 GHz bands. The proposed incentive auction would have two phases: a clock phase, in which bidders bid on generic license blocks; and an assignment phase, in which clock phase winners can bid on specific frequencies. Incentive payments would be offered to incumbents who choose to relinquish their spectrum usage rights to make new licenses available.
3. Proposes a pre-auction voucher exchange that would allow incumbent licensees to consolidate and rationalize their holdings before the auction.
4. Proposes to repack any incumbent licensees that choose not to participate in the incentive auction and seeks comment on various options for repacking.

The Federal Communications Commission is exploring the creation of an experimental “Connected Care Pilot Program” to support the delivery of advanced telehealth services to low-income Americans. In a Notice of Inquiry (NOI), the FCC seeks comment on creating a Universal Service Fund pilot program to promote the use of broadband-enabled telehealth services among low-income families and veterans, with a focus on services delivered directly to patients beyond the doors of brick-and-mortar health care facilities. The NOI seeks comment on:

1. The goals of, and statutory authority for, the pilot program.
2. The design of the pilot program, including the budget; the application process and types of telehealth pilot projects that should be funded; eligibility criteria for participating health care providers, broadband service providers, and low-income consumers; the broadband services and other communications services and equipment that should be supported; the amount of support and how it should be disbursed; and the duration of the program.
3. How to measure the effectiveness of pilot projects in achieving the goals of the program.

The Federal Communications Commission announces the anticipated renewal of its Consumer Advisory Committee and solicits applications for membership, subject to renewal of the CAC's charter. Applications for membership are due by 11:59 P.M. EST, September 14, 2018. The FCC seeks applications from interested consumers, nonprofit organizations, corporations, or other entities from both the public and private sectors that wish to be considered for membership on the Committee. Selections will be made based on factors such as expertise and diversity of viewpoints necessary to effectively address the topics before the CAC. The FCC will determine the appropriate CAC size necessary to effectively accomplish the committee’s work. Applicants must be willing to commit to a two-year term of service, should be willing and able to attend at least three one-day meetings per year in Washington (DC) and should also expect to participate in at least one working group or subcommittee.

The mission of the CAC is to make recommendations to the FCC regarding consumer topics specified by the FCC and to facilitate the participation of consumers in proceedings before the FCC.

Rep. John Curtis (R-UT) hosted an invite-only roundtable discussion, hoping to gather stakeholder input on how to best address efforts to maintain an appropriately open internet system. "We tried to get every position represented in the room," said Rep. Curtis. "We had (internet service providers), edge providers and both large and small tech businesses. I felt like we had a really productive dialogue about our mutually shared objective — an open and fair internet." Rep Curtis noted that see-sawing Federal Communications Commission internet rule modifications, which have been following the tides of political change in the nation's capital, lead to uncertainty in the industry. And that, he noted, results in negative outcomes for all involved, from internet and content providers down to everyday web users. "My personal feeling is the best answer is a congressional fix," Rep Curtis said. "One of the problems we're experiencing right now is administration changes lead to (internet) policy changes and we whiplash back and forth. One of the resounding messages from the roundtable group was the need for predictability." Rep Curtis said while he understands the impetus behind the push to address the most recent FCC changes using the Congressional Review Act, he sees it as perpetuating the partisan divisiveness on net neutrality issues and "precludes the FCC from fine-tuning changes in the future." 

An ambitious smart-city project spearheaded by Alphabet subsidiary Sidewalk Labs has run into local resistance, causing delays. Waterfront Toronto, a development agency founded by the Canadian government, partnered with the Google sister company in October 2017 to create a futuristic neighborhood on the Toronto waterfront. Sidewalk Labs plans to fill the 12-acre plot with driverless shuttle buses, garbage-toting robots, and other gadgets to show how emerging technologies can improve city life. But Sidewalk Labs’ connection to Google and vague descriptions of its business model alarmed privacy advocates and urban planners from the start. Local pushback has increased since, causing a key supporter to resign from the project and delaying the release of its final development plan to spring 2019.

The Trump administration is exploring some sort of national privacy proposal amid efforts by the European Union and California to impose their own data requirements on the tech industry. “Companies are finding themselves squeezed on both sides," said Daniel Castro, vice president of Washington-based think tank Information Technology and Innovation Foundation (ITIF). Internet giants balked at California's new rules and think Europe's GDPR is a mess, but they also know the industry is developing a reputation for being obstructionist. That might have been no big deal a few years ago, but tech’s standing in Washington, London and Brussels isn't what it used to be, so the industry wants some kind of framework it can publicly support. “A lot of companies want to be able to say, 'Okay. this is what we've done for privacy. This is how we're supporting consumers,’" Castro said. California's law doesn't go into effect until 2020, and if tech manages to win some tweaks to the legislation before then, a national policy may become less important to the industry. At the same time, the possibility that the EU could pull out of the EU-US Privacy Shield, including during the deal’s annual review in October, is a "ticking time bomb," Castro said. Tech doesn't want to see the data-transfer agreement go away, even though some in Europe think the US. hasn’t done its part to deserve renewal. Being able to point to progress on a national privacy policy would be useful evidence that the industry is taking the topic seriously.

One possibility is a US ombudsperson to handle Americans' privacy complaints, akin to one that the EU insisted the US create under Privacy Shield. Another: a federal notice-and-choice policy that informs users about data collection. Tech would love a provision that preempts a patchwork of state privacy laws. What they would hate: Being required to let people freely use their products even if those consumers opt out of having their data sold to advertisers.