The FCC plans to tee up a Further NPRM in July that will explore freeing up yet further spectrum for wireless 5G, Commissioner Mike O'Rielly said at a 5G seminar hosted Wednesday by Hogan Lovells. O'Rielly said that the current spectrum frontier proceeding is likely to pass and represents one of the few major items likely to get unanimous commissioner approval. The bands in it likely won't be sufficient to meet all 5G needs, he said.
The government has an interest in fostering freedom of expression that, separate from market power questions, can and does help guide its regulatory and legal decisions, FCC General Counsel Jonathan Sallet said at a Media Institute lunch Tuesday. Saying he was giving his personal views and wasn't addressing pending FCC issues, Sallet cited numerous court decisions he said bolstered his point, with one noneconomic argument in the Supreme Court's 1997 Turner vs. FCC (II) decision. The FCC net neutrality NPRM asked questions about the effect a non-open Internet would have on free expression, Sallet said. He also noted how in the last broadcast ownership quadrennial review, the FCC kept some ownership restrictions to help foster media ownership diversity, and that in transaction reviews, the agency tries to promote competition more broadly than -- though informed by -- the antitrust analysis. He said the free flow and exchange of ideas that come with free expression is akin to the free flow of ideas in the scientific method, and it's no coincidence the Age of Enlightenment, the American Revolution and Adam Smith all followed the creation of the scientific method. Sallet took no questions. He more than once referred to the pending U.S. Court of Appeals for the D.C. Circuit decision on the net neutrality order. In the event of a D.C. Circuit decision Tuesday, he said to laughs, "I had another speech prepared."
Parts of the aviation, GPS and satellite industries have interference worries about Ligado's proposed terrestrial LTE network. They said Ligado's proposed license modifications need more changes. "There remain too many unresolved issues to alleviate the aviation sector's concerns that Ligado's proposed operations will present an unacceptable threat of harmful interference to aviation GPS receivers," several aviation companies and industry groups said in an FCC filing in docket 12-340 Monday. That was the deadline for comments on the satellite company's application to modify the ancillary terrestrial component of its L-band mobile satellite service (MSS) network. There were no petitions to deny and the company got backing from numerous filers. Replies are due June 16.
One of Ligado's next aims is setting up a trial network to demonstrate terrestrial and satellite shared use of mid-band spectrum, CEO Doug Smith said in a blog post Monday. "This would be one of the earliest American demonstrations of an advanced next-generation network and could kick-start our mission to serve the information explosion that comes in 5G," Smith said on the day of the deadline for comments in the public notice on Ligado's proposed license modifications that would have it abandon any planned 1545-1555 MHz terrestrial downlink use (see 1604250019). With FCC approval of Ligado's plans for mid-band spectrum, "We can create a model of at least a partial 5G network -- a next-generation, hybrid satellite-terrestrial network -- that will enable 5G use cases and mobile applications that require ultra-reliable, highly-secure and pervasive connectivity," Smith said. Those modifications and power limits are among the steps Ligado has taken "to ensure satellites using other mid-band spectrum can still successfully send signals to smartphones, GPS devices and specialized industrial equipment that rely on that data," Smith said on the blog. The company said the parameters and power limit agreement struck with Deere, Garmin and Trimble point to GPS users and manufacturers not facing any Ligado interference. "Significantly, cellular devices and consumer devices representing the vast majority of the GPS market are not adversely impacted by our planned deployment," Smith said. Ligado's license modification proposal is seeing some opposition. "We have a major concern that the receivers out in the field will be affected by the Ligado signals close to L1 band as they are from our receiver point-of-view in-band interference," especially minus surface acoustic wave (SAW) filtering, U-blox America said in a filing Friday in the docket. The global navigation satellite system component maker also volunteered to provide GPS receivers for more testing involving passive antennas, no external SAW and OEM receivers without integrated SAW. It also is receiving some outside backing. James Kirkland, Trimble Navigation general counsel, called Wireless Bureau Associate Chief Charles Mathias to talk about Trimble's support of Ligado's LTE plans, said an ex parte filing Friday in docket 12-340. According to Trimble, Kirkland said Ligado has agreed to technical parameters and other conditions that are "a reasonable compromise relative to the important competing policy considerations raised by Ligado's previous proposals."
A growing cable industry sense of its concerns being ignored by FCC Chairman Tom Wheeler has raised the likelihood that whatever rules come out of the agency regarding set-top boxes, broadband privacy and business data services almost surely will be met by legal appeals, cable executives and experts tell us. "I think everybody takes for granted that everything is going to end up in court," MCTV President/American Cable Association Chairman Robert Gessner said in an interview Friday.
BOSTON -- New advertising routes are both a challenge and opportunity for the cable industry, a number of pay-TV industry chief technology officers said on an INTX 2016 panel Wednesday. "The idea we can just interrupt your show [with a commercial message] is going by the wayside," Comcast CTO Tony Werner said. Discovery CTO John Honeycutt said he's increasingly bearish on the prospects of interactive and advanced advertising and data monetization: "I am struggling with the path. If anyone can tell me another way to make money in this business other than subscriptions and [traditional] advertising, I am all ears."
BOSTON -- Cable industry criticisms of the FCC on the set-top box, special access and broadband privacy proceedings are lobbying as usual, Chairman Tom Wheeler told a closing-day crowd Wednesday at INTX 2016. Pointing to comments NCTA President Michael Powell made Monday about the cable industry being under a "relentless regulatory assault" (see 1605160033), Wheeler said, "The way in which lobbying campaigns tend to work these days, is first you set up a scenario of 'there's too much being done, we are being persecuted,' then you talk about what I call 'imaginary horribles.'"
A 60-day clock has started for comment on the DOJ's proposed final judgment on Charter Communications' buys of Time Warner Cable and Bright House Networks with conditions on its treatment of online video distributors, it said in a notice published Tuesday in the Federal Register. That 60-day period isn't expected to delay the close of the deals, which Charter last week said would happen on Wednesday. The DOJ proposed barring New Charter from any contractual alternative distribution method limits on online video distributors (see 1604250039).
BOSTON -- Any number of next steps, from a report or rulemaking to "some other option," are possible after the FCC's independent and diverse programming notice of inquiry and related workshops, said David Grossman, Commissioner Mignon Clyburn's chief of staff, on an INTX 2016 panel Tuesday. Jessica Almond, aide to Chairman Tom Wheeler, said Wheeler similarly is interested in some next step in the programming NOI, but gave no details on what. Wheeler is scheduled to talk Wednesday.
BOSTON -- A panel Tuesday of the FCC's four regular commissioners at INTX 2016 morphed into a referendum largely along party lines on the agency's set-top box rulemaking and broadband privacy rulemaking. Commissioners Mignon Clyburn and Michael O'Rielly repeatedly debated the FCC's overall regulatory role. Section 222 in Title II of the Communications Act deals with telephone records, not broadband data services, so it can't be cited as a basis for broadband privacy regulation, O'Rielly said: "The words on the page [of the law] actually have to mean something." But Clyburn said "We are not in the 1800s" and it's up to regulatory bodies to interpret how older laws apply to modern technology. It's the job of the legislative branch to fix those laws, O'Rielly responded. The panel was taped as an episode of C-SPAN's The Communicators.