That the fight over license size in the 3.5 GHz band is over didn't stop a skirmish at an FCBA CLE that ran through Monday evening. Verizon Assistant Vice President-Federal Regulatory Patrick Welsh said it's disingenuous for General Electric and other massive companies to imply they lack resources to compete with national wireless carriers in a 3.5 GHz auction.
Though cable distributors are engaging in First Amendment-protected expressive conduct in choosing what networks to carry, Section 1981 of federal law covering racial discrimination doesn't seek to regulate content, but only the way those MVPDs reach editorial decisions, the 9th U.S. Circuit Court of Appeals ruled. Monday's decisions were in related appeals about alleged racial discrimination by Comcast and Charter Communications in programming choices.
The satellite industry isn't likely to come to consensus on many issues in the FCC orbital debris NPRM, including what kind of oversight authority the agency has, experts told us. Some see the FCC's actions potentially conflicting with the Trump administration's approach. Commissioners divided on oversight issues when approving the NPRM (see 1811150028). The final item was released Monday.
Commissioners split on the FCC's role in orbital safety and congestion issues caused by the satellite mega constellation boom and growth of new satellites, but agreed there's a problem. Approving the orbital debris NPRM Thursday, Jessica Rosenworcel and Mike O’Rielly described parts as “timid.” Rosenworcel and Commissioner Brendan Carr staked out different stances on the agency's role and authority on tackling orbital debris. At the meeting, which included a variety of space-related items, members voted 4-0 to update wireless handset hearing-aid compatibility rules (see 1811150033).
Localities and their allies inundated the FCC with filings opposing a Further NPRM proposing treating cable operators' in-kind contributions required by local franchise authorities -- such as public, educational and government channel transmission -- as franchise fees (see 1811070045). Wednesday was the comments deadline. The opposition hadn't swayed the agency's GOP commissioners yet, said a cable lawyer with LFA experience. It's unclear if the additional comments might sway them.
Signing off on U.S. nonfederal devices accepting signals from Europe's Galileo system will bring the FCC in line with where global navigation satellite system (GNSS) receivers have been for years, experts told us. The FCC "is really playing catch-up" with the draft order on Thursday's agenda (see 1810240030), said Bradford Parkinson, vice chairman of the Space-Based Positioning, Navigation and Timing National Advisory Board. "Industry is way ahead."
DOJ is paying close attention to American Cable Association complaints of anticompetitive activity by Comcast, but chances it will go any further are slim, experts told us. Ethan Glass of Quinn Emanuel said a challenge of any investigation is the fine line between anticompetitive conduct and exercising a right to get the price for content one wants. President Donald Trump seemingly giving an amen to ACA's complaints likely won't sway the agency to do something it otherwise wouldn't. DOJ didn't comment Tuesday.
With approval of four non-geostationary orbit (NGSO) satellite applications on the agenda for Thursday's commissioner meeting (see 1810240030), the FCC is seen proceeding at a relatively good clip as it goes through Ku- and Ka-band constellation plans and now launches into V-band applications. "Our hope is to be able to approve [the remaining applications] with relative dispatch," Chairman Ajit Pai said in a brief interview after a Thursday event on the agency's space month (see 1811080034).
The wireless industry benefits from the FCC opting for flexible use over prescribing how particular bands are to be used, which could happen with satellite, Chairman Ajit Pai said Thursday at the Hudson Institute. He said the agency won't dictate how satellite companies use spectrum, especially since companies often have very different ideas. He could foresee, decades from now, algorithms dynamically managing spectrum allocation, uses changing depending on time and location, "and getting people out of the process." Pai said allowing U.S. access to Galileo signals (see 1810240030) should bring "huge benefit for consumers" via more global navigation satellite system resiliency and reliability, plus industrial applications like precision agriculture. NASA is encouraged by the mushrooming of commercial low earth orbit operations, since the agency intends to shift increasingly to buying some services from commercial operators, said Tom Cremins, NASA associate administrator-strategy and plans. Cremins said the agency continues to push technology with commercial applications and noted 2019's launch of a laser communications relay demo. Pai saw much international interest at the ITU plenipotentiary conference last week in Dubai in what the U.S. is doing broadly to remove "regulatory underbrush." He said countries struggle with similar problems as the U.S. and sometimes come up with solutions the U.S. might incorporate.
On-orbit satellite servicing operations are around the corner, yet regulation and oversight are fraught with unanswered questions, experts said Thursday at a Consortium for Execution of Rendezvous and Servicing Operations (CONFERS) forum. "We don't want the Wild West up there ... flying around without any sort of planning," said Fred Kennedy, who directs the Defense Advanced Research Projects Agency's Tactical Technology Office.