Matt Daneman

The U.S. Supreme Court might opt to avoid likely fights over the FCC's digital discrimination rules or proposed Title II net neutrality rules, Andrew Schwartzman, Benton Institute for Broadband & Society's senior counselor, told Communications Daily this month. In an extensive sit-down interview, Schwartzman spoke about his long career as a public interest advocate within telecommunications, evolution of that domain, and how the FCC's net neutrality regulatory push is not merely a repeat of the past. The following transcript of our conversation was edited for length and clarity.

Multiple U.S. Supreme Court justices seemed skeptical Wednesday of regulatory agency power when it comes to handling adjudications differently from court proceedings -- specifically the right to trial by jury (docket 22-859). The SEC, in SEC v. Jarkesy, is seeking to overturn a 2022 decision by the Fifth U.S. Circuit Court of Appeals rejecting the agency's administrative judgment in a securities fraud case. The appellate court decision was seen having implications for administrative law judge (ALJ) power at regulatory agencies broadly, including the FCC (see 2205260050).

Despite warnings that China's BeiDou global navigation satellite system (GNSS) is eclipsing GPS capabilities, a U.S. response isn't expected. The BeiDou ascendency comes as China is also seen making big strides in commercial positioning, navigation and timing (PNT) satellites.

While the FCC wants to end cable and direct broadcast satellite (DBS) early-termination fees and require prorated refunds for canceled MVPD service (see 2311210043), it also would seek state and local input about adopting something less than a total ban and allowing state and local variations, according to the draft NPRM for next month's meeting agenda. Meanwhile, an FCC order takes a big swing at robotexts, with rules that override recent objections filed at the agency. In addition, commissioners will vote on new data breach requirements in light of recent leaks at major wireless providers. The agency released the Dec. 13 open meeting's draft items on Wednesday.

Early-termination fees for canceling cable or direct broadcast satellite service are joining "all-in" video service pricing in the FCC's cross-hairs for elimination with an NPRM on the agency's December agenda, Chairwoman Jessica Rosenworcel said Tuesday. Also on tap for the Dec. 13 meeting are further efforts to crack down on robotexts, an area that could prove controversial and an update to data breach notification rules. In her note, Rosenworcel wrote the agenda would also include an NPRM about requiring smartphone compatibility with hearing aides, an order implementing provisions from the 2023 Low Power Protection Act to create a window to allow some LPTV stations to transition to Class A status, rules aimed at streamlining the approval process for pole attachment applications and administrative improvement to the Rural Health Care Program.

Some ISPs tell Wall Street they aren't expecting notable subscriber losses should funding run out for the Affordable Connectivity Program. They expect to keep subs -- though at perhaps lower speed tiers and cheaper service offerings. Advocates say ACP helps make connectivity affordable for current subscribers and ensures accessibility items that the broadband equity, affordability and deployment (BEAD) program addresses translate into adoption.

Backers and opponents of changes to the ITU's Ku- and Ka-band equivalent power flux density (EPFD) limit rules on non-geostationary orbit (NGSO) satellites see a U.S.-driven proposal to amend them facing an uphill battle at the 2023 World Radiocommunication Conference, which begins Monday. A WRC-27 proposed future agenda item (FAI) is the subject of notable advocacy and lobbying activity by both sides.

The breakup of the Iridium/Qualcomm mobile supplemental coverage from space (SCS) partnership (see 2311090077) could point to ongoing questions about monetization of the direct-to-handset service. Globalstar's SCS service partnership with Apple failed to drum up notable interest in iPhone 14s, and the Iridium/Qualcomm deal seems to have followed a similar path, satellite and spectrum consultant Tim Farrar told us Monday. He said Android OEMs likely foresee a challenge to selling more phones as a result of the messaging capability.

Existing international space rules are clearly inadequate, but less clear is what to do about that, experts said Tuesday at a Princeton University/Stimson Center space governance conference. Instead of new treaties, the U.S. focus for years has been on implementation and interpretation of existing ones -- a focus numerous countries have echoed, forestalling any push for updating the space governance regime, said Brian Weeden, Secure World Foundation (SWF) program planning director. "It was hard enough to get the U.S. and Soviet Union to agree" on the Outer Space Treaty, and it would be impossible to get new core principles agreed upon today given how many more countries are interested in space now, he said.

Look to June as a major tipping point when Dish Network has sufficient scale in its 5G network and enough devices on that network to start turning a corner, company officials said Monday in a call with analysts as it announced Q3 financial results. Chairman Charlie Ergen said he was decreasingly optimistic about an 800 MHz deal with T-Mobile but hadn't written the prospects off. Liberty Latin American said it was buying Dish spectrum assets and 120,000 prepaid mobile subscribers in the Caribbean for $256 million, with Dish saying the deal frees it up to focus more on the continental U.S.