The FCC unanimously approved and eliminated from Thursday’s meeting agenda the draft order in docket 19-3 on streamlining noncommercial educational and low-power FM license rules, said officials and a notice. The final order underwent few substantive changes from the draft version, an official told us. The order eliminates requirements that noncommercial licensees make diversity certifications in their governing documents, alter the processes for tie-breakers in licensing windows, and extend the construction period for LPFM stations. “We’re satisfied with what the commission is doing,” said Todd Gray, a broadcast attorney with Gray Miller who represents NCEs. Though public TV entities sought some changes to language in the order, Gray said the Media Bureau has addressed their concerns.
FCC Chairman Ajit Pai pretended to be butt-dialed by ex-New York Mayor Rudy Giuliani (R), made fun of Commissioner Jessica Rosenworcel’s fondness for the word “ruckus,” and called 5G the “most overrated G since Kenny,” at the FCBA Chairman’s Dinner Tuesday evening. Walking out with a grocery bag in imitation of viral footage of GOP impeachment attorney Steve Castor, Pai opened the speech by loudly applying lip balm and laboriously filling his notoriously oversized Reese's coffee cup with water. Comparing the event to the impeachment hearings by calling it a “cult-like ritual in a Washington, D.C., basement,” Pai said FCBA event attendees were served steak, fish and salad, but deep Dish (Network) “can emerge as a viable fourth competitor”-- a reference to T-Mobile's plans to buy Sprint and make divestitures to that company. That deal is in court (see 1912110036). “If you haters think that joke is bad, buckle up, cuz it gets a lot worse!,” Pai told the crowd. FCBA said the event had 1,600 attendees. Pai said T-Mobile CEO John Legere is going to head the Wireless Bureau and hold staff meetings at the Trump International Hotel, and pretended the call from “Giuliani” couldn’t be connected because it was using Dish’s network. Dish Chairman “Charlie [Ergen] told me that would be up and running by now,” he said. Pai pointed out that former Commissioners Mignon Clyburn and Robert McDowell had both advocated for T-Mobile/Sprint. Clyburn argued that the deal would help address the digital divide, Pai said. "Rob thought it would get him quoted again in Comm Daily and TR Daily." Pai said the auto industry uses the 5.9 GHz spectrum the same way he “uses” his home treadmill as a laundry hanger, said Commissioner Brendan Carr wins awards only when Pai has a scheduling conflict, and imitated President Donald Trump by showing a picture of his own head photo-edited onto the body of movie boxer Rocky Balboa. Commissioners vote on a 5.9 GHz proposal Thursday (see 1912110056). Many of Pai’s jokes referenced Twitter memes, and he proclaimed that his proudest moments as FCC chair were a pair of his tweets riffing on the apparent on-air flatulence of Rep. Eric Swalwell, D-Calif. Pai also expressed interest in rumors about Secretary of State Mike Pompeo running for the Senate in Kansas and pretended to be dismissive of Democratic presidential candidate Pete Buttigieg while also pointing out their similarities. Buttigieg is a Harvard educated “super-nerd” who pretends to be a “folksy” everyman “from the heartland,” Pai said. “I don’t buy it, and you should not buy it, either,” he said.
U.S.-based satellite licensees and international satellite entities sparred in comments in docket 19-105 over whether the FCC should collect regulatory fees on all space stations that communicate with earth-based stations, not just U.S.-licensed ones. They responded to a Further NPRM on possible tweaks to regulatory fees (see 1908280021). “Such an assertion of FCC authority would be both unlawful and ill-advised,” said Telesat Canada. The FCC “has long recognized that its authority to assess space station regulatory fees is limited to those it has licensed under Title III of the Communications Act.” Imposing such fees on foreign licensed satellites isn’t supported by the facts and inconsistent with sound public policy, said Eutelsat. “Expanding the Commission’s regulatory fee regime to include all entities that have received U.S. market access will help to create a more equitable regulatory environment,” filed EchoStar, Hughes Network, Intelsat and SpaceX. Non-U.S. licensed space station operators “benefit from the Commission’s regulatory activities while leaving the U.S. operators to subsidize them by paying hundreds of thousands of dollars in fees,” said SpaceX. The agency should also adjust the fees for entities overseen by the International Bureau, said the North American Submarine Cable Association (NASCA) and the Submarine Cable Coalition. “In prior years and rulemakings, the Commission expressly recognized that submarine cable system regulatory fees are excessive considering the regulatory activities the IB performs on submarine cable system operators’ behalf,” said NASCA. “Efforts by submarine cable interests to shift additional costs onto satellite service providers are unsupported and must be rejected,” said the Satellite Industry Association. Calculating regulatory fees for VHF stations by calculating the population inside a station’s contours instead of designated market area should also be changed, said NAB and Maranatha Broadcasting. “This burden on VHF stations is unjustified and should be rectified in this proceeding,” said Maranatha.
Almost two years after Chairman Ajit Pai announced the media modernization effort, many items taken up under that umbrella have had a small scope, an uncontentious docket, and sometimes don’t even draw formal responses from the opposing party. General agreement and a tight focus aren't bad things, broadcast and MVPD attorneys and FCC officials said of the program. “That the items are often unanimous is a compelling case for getting rid of the rules,” said Matthew Berry, Pai’s chief of staff.
Senate Communications Subcommittee members focused on 5G, need for rural broadband and potential for freed-up federal spectrum during a Thursday hearing on implementing the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act. The Mobile Now Act was enacted as part of the FY 2018 omnibus spending bill (see 1803230038). The law requires DOD and other federal agencies identify at least 255 MHz for broadband use by 2022. It requires the FCC and NTIA identify at least 100 MHz for unlicensed use below the 8 GHz band.
The Technological Advisory Council recommended the FCC drive more spectrum sharing in rural areas, pursue additional repurposing for low- and mid-band spectrum, and improve the agency’s practical understanding of artificial intelligence, at its final meeting of the current charter. TAC’s most contentious discussions were about a recommendation the FCC encourage the use of advanced antenna technology, and a proposal the council tackle the aesthetics of small-cell installations in 2020.
Localities shouldn't underestimate broadband infrastructure deployment as a form of disaster preparedness, said Wireless Infrastructure Association President Jonathan Adelstein and Doug Dimitroff of the New York State Wireless Association. They spoke at Tuesday's meeting of the FCC Broadband Deployment Advisory Committee.
FCC Media Bureau approval of Apollo Global Management-related Terrier Media’s buy of Cox Media Group and Northwest’s stations (see 1911220069) is another indication the FCC isn’t likely to approve deals with complications testing the limits of existing broadcast rules, attorneys, broadcasters and brokers said in interviews this week. “If it pushes the envelope, they’ll slow your deal up,” one broadcaster said.
The FCC hasn't made a decision about how to proceed after a full panel of the 3rd U.S. Circuit Court of Appeals rejected hearing the agency's en banc appeal of the Prometheus IV decision (see 1911200063), said Chairman Ajit Pai Q&A with us in a post-meeting news conference Friday. Pai said the agency is studying the 3rd Circuit's recent decision, a one-paragraph order saying a majority of judges in the circuit didn't vote for rehearing. Both Republican commissioners told us they supported the FCC moving ahead with an appeal to the Supreme Court. “The reforms we put in place are worth defending,” said Commissioner Brendan Carr. Commissioner Mike O'Rielly said he would back pulling proposals -- such as radio subcap deregulation -- from the 2018 broadcast ownership quadrennial review and moving ahead with them separately, if it wouldn't interfere with a high court appeal and were approved by the Office of General Counsel. Broadcasters made such a proposal Thursday (see 1911210065). Carr -- a former FCC general counsel -- also said he would need to see the OGC's opinion of such a plan. He said generally that the situation doesn't hold the agency “at full stop” on media ownership revision. Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks condemned continued appeals. The FCC needs to “get to work” and address the issues raised by the 3rd Circuit, Rosenworcel said. Starks said he's “gobsmacked” that the court has had to tell the agency four times to collect data on diversity impacts. Later Friday, the Media Bureau approved a transaction that was changed to account for the court ruling (see 1911220069).
An FCC appeal of Prometheus IV at the Supreme Court is expected by agency and industry stakeholders. Left unclear is how the rules restored by 3rd U.S. Circuit Court of Appeals will affect the industry in the meantime, said broadcasters and broadcast attorneys at a Media Bureau event on industry trends Thursday. They said the agency shouldn't wait on the uncertain appeal to deregulate broadcast ownership. Wednesday evening, the 3rd Circuit declined the regulator's request to reconsider the case (see 1911200063)