Localities are raising red flags about the FCC Further NPRM approved in September that would treat cable operators' in-kind contributions required by local franchise authorities as franchise fees and subject to a cap (see 1809250017). The FNPRM "threatens to limit or eliminate public, educational and government access channels all meant to better help inform and empower the public" through smaller franchise fee payments, Oakdale said in a docket 05-311 posting Monday. Malibu and Colma, California, were among the many sending nearly identical letters. With some cable operator expenses like institutional network capacity costs and access channel costs passed along to subscribers, letting those MVPDs deduct the fair-market value of those costs from their franchise fees would essentially let them double-recover, giving them a windfall, the Massachusetts Municipal Association said. MMA said the proposal could hurt PEG channel access because municipalities would be forced to move resources from other areas to PEG programming or see the scope of the channels reduced or eliminated. It said letting operators install equipment for non-cable services such as small cells in rights of way without local regulation or compensation would also be a windfall at taxpayers' expense.
Experts see the FCC orbital debris rules re-examination, on Nov. 15's tentative agenda, as a good start in facing increased worries about space junk. It may be a long process. Given complexity of debris mitigation, "these changes in the rules are not likely to result in a sudden sea change," emailed P.J. Blount, University of Mississippi air and space law adjunct professor.
FCC ancillary terrestrial component rules netted zero deployments, but waivers and rulemaking requests, Iridium said, urging rescinding in the L- and big low earth orbit bands in a docket 16-131 posting Tuesday responded to seeking comment on rules to be reviewed under the Regulatory Flexibility Act (see 1807310030). It said no approved ATC operations proposed by four mobile satellite service operators resulted in a viable ATC service and the MSS operators never attempted deployments consistent with rules. The Commercial Smallsat Spectrum Management Association sought deletion or modification of a variety of rules, such as ending the requirement a licensee file an original and signed hard copy of an electronically filed Form 312 application and clarifying the requirement for prior OK of orbital changes for non-geostationary orbit satellites approved over a range of orbital altitudes. EchoStar recommended deleting the requirement applications for satellite operations in a band not allocated internationally for those operations be dismissed, and allowing streamlined application for a comprehensive license covering earth station and satellite operations.
Having floated cable-TV rule changes during October's meeting (see 1810230037), FCC Commissioner Mike O'Rielly has other media revision issues in the hopper and plans to use the monthly meetings as a forum to start discussions. "I'm looking at everything we regulate in cable space," from mundane issues to "more heavy lifting," he told us. He said the agency is unlikely to act on new kidvid rules this year.
Clearing additional C-band spectrum for terrestrial 5G services will mean having to put up more satellites, Intelsat CEO Stephen Spengler said in a call with analysts Tuesday. He said the number of additional satellites -- needed to maintain the number of transponders available for customers while also being able to clear up to 200 MHz of the 3.7-4.2 GHz band -- isn't clear yet, nor is the timing of when they will be needed. He said designs are being worked on now for the additional satellites. The C-Band Alliance of Intelsat, SES, Eutelsat and Telesat said earlier this month that they could clear as much as 180 MHz for terrestrial operations and 20 MHz as a guard band (see 1810220053), up from the 100 MHz for terrestrial operations and 50 MHz for a guard band that previously had been discussed. He said the alliance is now spearheading discussions with parties potentially interested in the spectrum for terrestrial use. Spengler said to clear more than the 200 MHz in the future would require "some technology development" and potentially additional satellites. The Alliance and other parties filed comments this week on the FCC's C-band clearing NPRM (see 1810300043). Intelsat closed Tuesday down 6.6 percent to $25.63 after it reported a net loss of $374.6 million, most due to early debt retirement and income taxes. It said revenue was little changed at $536.9 million.
A concern with the coming era of smart cities is a potential for data misuse or a surveillance state, said FCC Commissioner Mike O'Rielly at a Charter Communications event Tuesday (remarks later posted). He said privacy advocates are misguided to fret about consumer data being used for marketing purposes when far greater harms could come from the state using data to control or punish citizens. He said the FCC has been trying to ensure the proper regulatory framework for smart city rollouts as it tries to remove state and local deployment barriers and guard against its own mission creep. He said beyond the various millimeter band auctions to come, starting with the 28 GHz band, a number of other bands need FCC attention, such as 26, 23 and 50 GHz. He said the agency needs to focus on opening the 3.7-4.2 GHz band and spectrum below 3.5 GHz. He said the FCC should start a proceeding to review the 5.9 GHz band and determine its best use since dedicated short-range communications systems there seem increasingly unlikely due to alternatives like cellular vehicle-to-everything technology. Monday, the FCC released initial results on Wi-Fi coexistence with DSRC (see 1810290063). Columbia, South Carolina, Mayor Steve Benjamin (D) said smart cities raise a variety of questions, such as ensuring network deployment in public rights of way doesn't impede other users and that all ROW users "pay their fair share" for that access. On rollout in rural areas, "we don't yet have the answers" or the economies of scale that would make the technology available, said NTIA Senior Broadband Program Specialist Jean Rice. Tests are ongoing in states involving aspects of smart cities such as telehealth or agriculture, Rice noted. Criticizing the privacy law California passed this summer, Chamber of Commerce Assistant Policy Counsel Jordan Crenshaw said the Chamber wants to stem the tide of different state laws and has a working group on developing privacy principles for model legislation to be pitched to Congress. He wants protection ensuring localities don't charge unreasonable siting fees and regulatory certainty in the form of "a permanent net neutrality solution" that doesn't involve treating cable as a Communications Act Title II common carrier.
T-Mobile's broadside at Dish Network's IoT plans is likely at least partially payback for Dish's opposition to T-Mobile buying Sprint, experts told us. The timing of the wireless company's letter to FCC Wireless Bureau Chief Don Stockdale (see 1810260047) -- a month after Dish joined public interest and consumer groups and representatives of mostly rural carriers in opposition (see 1808280038) -- reads as "sour grapes retribution," said Gigi Sohn, Georgetown Law Institute for Technology Law and Policy fellow. Dish fought back.
With Sky under Comcast's belt, analysts see the obvious next big step a major leap into over-the-top offerings. NBCUniversal CEO Stephen Burke, in an earnings call Thursday, said while the world pivots toward more streaming, the company wants to "protect and nurture" its pay-TV business. He said industry has rushed into streaming, but economics are challenging.
VTel isn't making a persuasive case on why AWS-3 auction bidding credits shouldn't be reinstated to SNR Wireless and Northstar Wireless, given steps they took to modify their agreements with Dish Network, the two said in a consolidated opposition Monday. The designated entities said VTel makes "fundamentally ... flawed" calculations about their indebtedness to Dish, which has been reduced massively. They said VTel's argument the DEs should provide business plans or proof of the ability to finance their buildouts "would be a clear due process violation" since it wouldn't be in line with past de facto control standards. They said VTel arguments and AT&T and T-Mobile comments should be dismissed on procedural grounds. VTel in July said Dish still had de facto control and the modified agreements are crafted in a way to force a sale to Dish by coercing the exercise of the put right in five years. It said the DEs agreed to modified contractual terms that were contrary to their financial interests and that the two are "sham companies that exist solely" for Dish's benefit. T-Mobile had urged the FCC to move swiftly to decide whether the DEs are still Dish-controlled and whether the licenses should be auctioned again. Backing the DEs, the National Association of Black Owned Broadcasters and Multicultural, Media, Telecom and Internet Council in July said steps the two made to cure the de facto control issue were sufficient (see here and here).
In use for years by civil space agencies and getting interest from the earth observation industry, there's no clear picture of how soon a commercial rollout of optical satellite communications might occur. Industry participants see that imminent but industry watchers are more conservative. One aspect that makes the field attractive is the lack of FCC or ITU regulation, which is far off, we were told. "These are serious people and serious investors making this happen; they wouldn't be engaged if this was speculative," said Aerospace Vice President-Space Systems Frank Slazer.