The FCC urged the 6th U.S. Circuit Appeals Court Friday to move the challenge to the FCC’s net neutrality order to the D.C. Circuit (docket 24-3450). The FCC also issued an order declining to stay the rules, which take effect July 22, pending judicial review.
ISPs and industry groups told the FCC that while competition and access remain strong in the broadband marketplace, additional regulation could harm future investment and deployment. Those views were included in feedback the FCC sought about its biannual State of Competition in the Communications Marketplace report to Congress (see 2404220050). In comments, some wireless groups urged making additional spectrum available. MVPDs and broadcasters said the FCC should recognize the increasing competition they face from streaming video and accordingly relax regulations. Comments were posted Thursday and Friday in docket 24-119.
The Biden administration’s merger guidelines give agencies a license to challenge any transaction without the support of sound antitrust analysis, CTA said in a report released Wednesday (see 2312180069). The 2023 guidelines, issued by the FTC and DOJ, “make incorrect claims about the effects of competition on specific performance variables” and “focus on performance variables that are poor indicators of the effects of mergers on consumers and society,” CTA said. FTC Chair Lina Khan and DOJ Antitrust Division Chief Jonathan Kanter defended the administration’s antitrust enforcement approach during an event Tuesday (see 2406040065). CTA argued the guidelines let the agencies define dominant market positions in “whatever nebulous way” they choose while disregarding decades of economic literature. The guidelines' authors assume terms like “durable market power” and “persistence of market power” are “understood,” CTA said. The association cited examples of “nebulous guidance,” including the guidelines' claim that “the persistence of market power can indicate that entry barriers exist, that further entrenchment may tend to create a monopoly, and that there would be substantial benefits from the emergence of new competitive constraints or disruptions.” The agencies have not defined those terms, said CTA.
Spectrum Effect, provider of RF interference analysis and mitigation solutions to the wireless industry, hires former Nokia North America President Shaun McCarthy as president and chief revenue officer ... AST SpaceMobile, developer of space-based cellular broadband network accessible from “everyday smartphones,” adds former Vodafone and Ericsson executive Johan Wibergh to its board; Wibergh also will chair AST board’s newly formed network planning and spectrum committee ... Martello Technologies Group announces resignation of former BT Group Managing Director Mike Galvin from its board for personal reasons ... Everbridge, supplier of national public warning software solutions, hires Pamela Larson, ex-Twilio, as chief security officer, North America ... Cyble, AI-driven cybersecurity solutions provider, adds former EY executive Steve Ingram to its advisory board ... Boomi, intelligent integration and automation platform, promotes Chief Accounting Officer Jessica Soisson to chief financial officer.
It’s a “good thing” business leaders are thinking harder about antitrust risk when pursuing potential deals, even if the Biden administration’s policies have been “disorienting,” FTC Chair Lina Khan said Tuesday. Khan and DOJ Antitrust Division Chief Jonathan Kanter defended their antitrust approach during CNBC's CEO Council Summit.
The FCC Office of Engineering and Technology on Monday approved a request from Broadcom, Wi-Fi Alliance Services and the Wireless Broadband Alliance to modify their open automated frequency coordination (AFC) code, which determines available power spectral density for 6 GHz standard power devices. The three sought the change in March (see 2404150050). OET acknowledged the Fixed Wireless Communications Coalition's concerns (see 2404150050). FWCC argues that a complete report detailing the proposed changes would “ensure transparency and without said report, incumbent licensees and other interested parties cannot fully consider an AFC’s proposed changes,” OET said: “Given that the modifications were minor corrections, and OET’s internal analysis found no discrepancies, we find that additional testing is not needed.”
California is considering some “awful” regulations for AI, tech entrepreneur Andrew Ng said Thursday. His comments came a day after California Gov. Gavin Newsom (D) warned state lawmakers against overregulating AI.
T-Mobile’s proposed acquisition of UScellular’s wireless operations, including about 30% of its spectrum, has already seen opposition (see 2405280047), with more expected. In addition, the deal will likely face heavy scrutiny from DOJ and the FCC, industry experts agree. Handicapping whether the transaction will receive approval is difficult, especially headed into a presidential election in November, industry officials say. Some of the 21 states where UScellular has a presence could play at least limited roles reviewing the deal, state and other officials said. T-Mobile’s buy of Mint and other assets from Ka’ena, a smaller deal that didn’t involve spectrum, took regulators more than a year to approve.
Satellite-delivered consumer broadband is increasingly concentrating in low earth orbit (LEO), with SpaceX's growth expected to start facing competition from Amazon's Kuiper within months, satellite industry experts tell us. Geostationary orbit (GSO) providers continue losing residential broadband subscribers, though EchoStar says it sees a slower decline. Viasat has begun redirecting residential broadband spectrum capacity to other uses.
Comments are due June 27, replies July 12, as the FCC Space Bureau seeks a refresh of the record on proposed orbital debris mitigation rules, said a notice for Tuesday's Federal Register. The bureau said it was seeking a refresh on such issues as whether to measure collision risks in the aggregate for a non-geostationary orbit constellation or on a per satellite basis and what factors would be relevant in conducting an aggregate risk analysis. It also seeks input on using a 100 object-years metric -- the number of years each failed satellite remains in orbit, added across all the satellites -- for assessing the risk of derelict satellites in orbit from a constellation. The rules came from a Further NPRM that was adopted in 2020 alongside the FCC's orbital debris order (see 2004230040). Comments are due in docket 22-271.