Although the regulatory status of broadband is “in flux,” the U.S. Supreme Court shouldn’t further delay New York state’s enforcement of a 2021 affordable broadband law, the state’s Attorney General Letitia James (D) said Tuesday. James submitted briefs in case 24-161 opposing ISP groups’ petition for a writ of certiorari and application seeking a stay of the New York Affordable Broadband Act (ABA). “The equities and the public interest weigh heavily in favor of allowing the ABA -- duly enacted consumer-protection legislation that aids the State’s most vulnerable residents -- to take effect without further delay,” wrote James.
Industry welcomed an FCC proposal aimed at improving the robocall mitigation database's (RMD) accuracy and potential enforcement measures. Commissioners adopted the NPRM in August (see 2408070047). In comments posted in docket 24-213 through Wednesday, some groups disagreed about whether the FCC should impose a filing fee for new and current RMD registrants.
Don't expect major changes soon in the cable franchise fees regime, former cable lawyer Burt Cohen said during a Broadband Breakfast webinar Wednesday. During the event, localities lawyer Cheryl Leanza of Best Best argued localities still must maintain public infrastructure while revenue from cable franchise fees dries up and thus need to target broadband service. Conversely, Jenner & Block's Jessica Ring Amunson, who has represented NCTA, said the law is clear that those franchise fees can be levied on cable service only. Cohen, now Connecticut Office of Consumer Counsel broadband policy coordinator, said that while a collaborative understanding of cable local franchise authority regarding fees is needed, "I'm not sure we are there yet."
FCC Commissioner Brendan Carr watched the Sunday launch and landing of SpaceX's Starship heavy launch rocket. "A historic day here in Texas. The most powerful rocket ever built. And an extraordinary booster catch back at the pad. Amazing to see," Carr posted Sunday on X along with short video clips.
With OneWeb backing O3b's proposed short-term non-geostationary orbit satellite interference metric, it's the only short-term metric before the FCC to have support from a third party, O3b officials told the offices of Commissioners Nathan Simington and Anna Gomez, according to a docket 21-456 filing Tuesday. O3b said its approach can provide protection for all established NGSO systems, not just its own. O3b representatives told FCC Space Bureau staffers the company would urge that the FCC seek comment on an appropriate short-term interference metric in a Further NPRM, allowing parties to weigh in on different proposals. O3b said the FCC should defer a decision on the appropriate short-term interference metric as that would allow the agency to ensure an adequate record.
An FCC proposal requiring that MVPDs notify the agency of retransmission consent blackouts exceeds the agency’s authority and could prompt additional blackouts, said NAB in meetings last week with aides to FCC Commissioners Anna Gomez and Nathan Simington, according to an ex parte filing posted Tuesday in docket 23-427. A draft item proposing rules on blackouts is on circulation to the 10th floor. “Given the Commission’s very limited role and its inability to use information on negotiating impasses to require parties to take any additional steps, it is not clear what lawful purpose this information gathering effort can serve,” NAB said. Consumers aren’t likely to consult an FCC database on blackouts, and wouldn't find it useful for comparison shopping MVPD services because it won’t contain information on blackouts of nonbroadcast services such as regional sports networks, NAB said. A database focused on disruptions in service would provide “an incomplete picture given that the overwhelming majority of retransmission consent negotiations are concluded without event,” NAB said. MVPDs will use the database as evidence for regulatory or legislative intervention in the retrans consent negotiation process, NAB said. “There have been documented increases in disruptions during key Congressional or Commission deliberations on retransmission consent issues,” NAB said. “The database will serve as an ‘attractive nuisance’ that MVPDs cannot resist, triggering increased disruptions and harming consumers.”
The Alaska Telecom Association asked the FCC to include certain language in its pending rulemaking on next steps for the Alaska Plan's Alaska Connect Fund (see 2409130026). In a letter posted Tuesday in docket 23-328, ATA urged the FCC to account for the "unique circumstances facing each provider in the state," including geographic challenges and the availability of infrastructure. The group encouraged the FCC to "carefully determine the milestone dates for key assessments and measurements" for participating providers. "Any milestones set before 2031 risk ignoring that many [broadband, equity, access, and deployment] projects will require three or four years of permitting," the group said. The Alaska Remote Carrier Coalition raised similar concerns in a separate letter.
NTIA supports the FCC’s proposal for expansion of nonfederal use of the 13 GHz band, provided there are protections for in-band and adjacent federal operations, said a filing last week in docket 22-352. NTIA responded on behalf of NASA and the National Science Foundation. To ensure “in-band compatibility” with NASA’s Deep Space Network receiving ground station at Goldstone, California, and NSF-operated radioastronomy (RA) observatories, “NTIA and the Commission should develop a coordination process that would protect these important scientific endeavors while still permitting more intensive use of the band,” NTIA said. “Because the RA observatories are located in remote areas, successful coordination should be possible,” NTIA said. The FCC launched a notice of inquiry on the future of the 13 GHz band two years ago (see 2210270046).
Garmin International provided additional information to the FCC on its request for a waiver of rules for handheld general mobile radio service (GMRS) devices limiting them to one transmission every 30 seconds (see 2310060031). Garmin responded to a North Shore Emergency Association filing, which found an earlier filing on a September meeting of Garmin with FCC staff was inadequate (see 2407260036). “Garmin reiterated [during the meeting] that the data transmissions of its proposed GMRS device will have a reduced duty cycle and less practical effect on users of GMRS devices compared to the digital data transmissions currently permitted under the Commission’s GMRS rules, including by limiting data transmissions to interstitial channels,” said the latest Garmin filing, posted Tuesday in docket 24-7. “Specifically, Garmin is seeking to provide very short (50 milliseconds) digital data transmissions, such as GPS location data, once every five (5) seconds, provided that in non-emergency situations the channel being used has not been utilized for voice communications in the prior 30 seconds,” Garmin said.
Groups representing the deaf and hard of hearing opposed a CTIA request that the FCC indefinitely extend its September 2023 temporary waiver allowing use of the interim volume control testing method for hearing-aid compatibility (HAC) compliance. CTIA made the proposal as part of its FCC outreach on the draft GAC order, set for a commissioner vote Thursday (see 2409260047). The FCC’s waiver standard “dictates that the Commission should not act now to preemptively extend -- without imposing any time limits -- the September 2023 waiver allowing use of the interim HAC volume control testing method,” said a filing posted Tuesday in docket 23-388. The groups also raised concerns about the CTIA’s comments on labeling (see 2410090051). The FCC should “take into account that consumers with hearing loss must receive all the information they need to make an informed decision about any handset before purchase,” the filing said. Groups signing the filing were the Rehabilitation Engineering Research Center on Technology for the Deaf and Hard of Hearing, the Hearing Loss Association of America, Deaf Equality, TDIforAccess and Communication Service for the Deaf.