Monty Tayloe

A recent U.S. Supreme Court decision on affirmative action cases involving the University of North Carolina and Harvard could be used by opponents of an anticipated FCC order on equal employment opportunity data collection (see 2304190035 and could have repercussions for future FCC diversity initiatives and for industry diversity, equality and inclusion policies, said employment, civil rights and telecom attorneys in interviews.

Broadcasters say they need to use encryption and digital rights management (DRM) on their ATSC 3.0 streams to make the service a safe place for content, but early adopters, consumers and public interest groups say doing so cuts off the only existing low-cost ways to receive ATSC 3.0 transmissions. Broadcast consortium Pearl TV told us new, working external tuners will be available in weeks, but until they hit the market, the only option is “a $600 television set,” said Tyler Kleinle, who discusses broadcast tech on YouTube as The Antenna Man. “I do not like the fact all these broadcasters are putting DRM up before there are any solutions to this issue,” said Jason Shallcross in one of hundreds of similar comments that appear to be posted by individual consumers in the past week in docket 16-142: “Its like they are trying to implement it as fast as they can before anyone can comment on it.”

Companies holding international Communications Act Section 214 authorizations should be preparing for the FCC’s one-time data collection authorized in April (see 2304270039) and brace for tighter foreign-ownership disclosure rules and additional filing requirements to come out of that order’s accompanying NPRM, said Morgan Lewis attorneys Patricia Cave and Ulises Pin in an Incompas webinar Wednesday. Once the data collection order takes effect, companies need to “start reacting relatively quickly because there's going to be a short window in order to react” -- probably 30 days -- and the penalty for failure to do so could be “significant,” said Pin.

A petition from the Media and Democracy Project (MAD) and former Fox executive Preston Padden asking the FCC to hold a hearing over and block a Fox-owned TV station’s license renewal isn’t likely to lead to agency action and would raise First Amendment concerns if it did, said attorneys we spoke with. Said MAD: “Owning a broadcast station is more than a business -- it is a public trust. Never before has the Commission been confronted with so much evidence attached to a petition that clearly shows that an FCC broadcast licensee undermined that trust." The FCC has historically stayed out of broadcaster editorial decisions and isn’t likely to change that, said Fletcher Heald broadcast attorney Frank Montero.

High-profile RF safety skeptic Robert F. Kennedy Jr.'s entry in the 2024 Democratic primary is likely to draw more attention to the debate over RF radiation, but that’s not likely to mean FCC action on the item, according to interviews with academics and wireless attorneys. “I don’t think his candidacy will have a practical effect” on the agency, said Best Best attorney Tim Lay. The agency might get more pressure from the public, but “they have enough other things on their list,” he said. The agency “tends to take a long time” to act in RF radiation proceedings, said wireless attorney David Siddall.

Broadcasters, satellite companies and trade groups disagreed how often the FCC should reevaluate its regulatory fee structure and whether the system needs new payers, in reply comments filed by Thursday’s deadline. The agency should “continue to conduct such reviews of the work of its indirect FTEs [full-time equivalents] annually, as well as to identify additional ways that the Commission’s regulatory fee process can be made fairer and remain current,” said a joint reply from state broadcast associations in docket 23-159. “A complex accounting of indirect FTEs is not fair, administrable, or sustainable” and doing such an analysis annually would create administrative burdens and raise fairness concerns, said CTIA.

Broadcasters believe a letter from Senate Commerce Chair Maria Cantwell, D-Wash., could move FCC Chairwoman Jessica Rosenworcel to refresh the record on a nearly decade-old proceeding on classifying streaming services as MVPDs, but the programming networks don’t agree. Rosenworcel’s March 24 letter (see 2303310061) to Sen. Charles Grassley, R-Iowa, “reflects her latest thinking on the matter,” emailed an FCC spokesperson Friday in response to questions about Rosenworcel’s stance and Cantwell's comments. The FCC “lacks the power to change these unambiguous provisions on its own,” the Chairwoman wrote then.

An upcoming Supreme Court decision in Biden v. Nebraska, which concerns the White House’s student loan forgiveness program, could clarify to what degree the court’s major questions doctrine (see 2302080064) could be used to challenge the actions of federal agencies such as the FCC, said HWG's Chris Wright and FCC Deputy General Counsel Jacob Lewis Thursday on a virtual FCBA panel.

The FCC approved a draft ATSC 3.0 order with sunset dates for the substantially similar and A/322 physical layer requirements (see 2304070045) and is expected to release it soon, FCC and industry officials told us. The order extends the substantially similar requirement for four years, and will require the FCC to examine the progress of the new standard one year before the sunset date. The order also similarly extends the physical layer requirement. The substantially similar requirement had been set to end in July. The A/322 physical layer was to sunset in March, but that was temporarily stayed by the agency earlier this year.

The NAB-stewarded, FCC-involved task force intended to iron out the ATSC 3.0 transition -- The Future of TV Initiative – kicks off Monday at NAB’s headquarters in Washington, D.C. The meetings (see 2304170056) are closed to the press, and neither NAB nor the FCC would say who from the agency is participating or in what capacity, but the entities invited to attend seem optimistic, if scant on details. “I don’t think we know enough to say how it will go, but we’re cautiously intrigued,” said Kathleen Burke, task force participant and Public Knowledge policy counsel. “We are hoping that the process clears the way for the FCC to resolve any outstanding regulatory issues so that the NEXTGEN TV transition is accomplished in an expedited manner," emailed Lonna Thompson, general counsel for task force participant America’s Public Television Stations.