Supporters of the FCC's expired affordable connectivity program acknowledge the Senate Commerce Committee’s impasse (see 2406180067) on the Spectrum and National Security Act (S-4207) may spur a reexamination of alternatives for addressing broadband pricing. This realization comes amid weakening odds that Congress can address ACP funding via a broader package aimed at restoring the FCC's lapsed airwaves sales authority. Lawmakers continue insisting a legislative solution is possible this year even though Senate Commerce’s cancellation of its planned Tuesday markup of S-4207 (see 2406170066) was its fourth pulling of the measure since early May. Other stakeholders are urging a shift to emphasizing nonlegislative solutions.
Oppositions to a SpaceX petition seeking reconsideration of the aggregate out-of-band power flux density (PFD) limits that the FCC adopted in March's supplemental coverage from space order (see 2405300044) are due July 5 in docket 23-65, according to a notice for Thursday's Federal Register. Replies to the oppositions are due July 15, it said. SpaceX has pushed for band-specific out-of-band PFD limits.
As part of a reorganization of SiriusXM's ownership structure, Liberty Media is asking the FCC Space Bureau for approval of a pro forma transfer of control of Sirius XM and its licenses. In a bureau application posted Tuesday, Liberty said the people who control Liberty Media, which has a controlling interest in Sirius XM, will also run New SiriusXM directly through the transaction. It said the simplified New Sirius XM ownership structure, with a single class of stock shares, should attract a broader investment base. New SiriusXM's formation was announced in December.
Pointing to the FCC's pending pay-TV early termination fee (ETF) proceeding, EchoStar representatives urged that the agency instead adopt the billing practices in Dish Network's 2009 agreement with 46 state attorneys general. That approach would ensure consumers are fully educated about the terms of any pay-TV plan, Dish parent EchoStar representatives told FCC Media Bureau Chief Holly Sauer, according to a docket 23-405 filing Tuesday. EchoStar said the 2009 measure covers such turf as requiring that ads promoting an ETF plan must conspicuously disclose minimum terms of agreement. A split FCC 3-2 adopted the ETF NPRM in December (see 2312050007). EchoStar said the FCC's proposed mandatory rebates in the event of retransmission consent-related programming blackouts would worsen the retrans negotiating power imbalance with broadcasters that spurs blackouts. Instead, the agency should revise the retrans consent regime, EchoStar said. The blackout rebate NPRM also received a 3-2 approval (see 2401100026).
Five broadcasters filed for 21 new FM boosters to use for geotargeted radio, said GeoBroadcast Solutions in reply comments filed Monday (docket 20-401). GBS didn’t name the broadcasters but said the boosters are in geographically diverse markets, including Seattle; Jackson, Mississippi; and Fort Duchesne, Utah. “Our understanding is that more broadcasters will file soon,” GBS said. It told the FCC that interference safeguards for content-originating boosters that NAB and REC Networks proposed are “unnecessary or attempt to reopen technical issues already resolved in the Report and Order.” GBS also said the FCC doesn’t need to require geotargeted radio broadcasters to provide special notifications to the Federal Emergency Management Agency or other emergency alert participants. FCC rules requiring reporting to the emergency test reporting and state emergency alert systems already make that information available to FEMA and other EAS participants, GBS said. REC Networks said it remained skeptical about geotargeted radio technology and warned that it will hurt the radio industry. Content-originating FM boosters are “merely a way for GBS to take advantage of small minority broadcasters through their ‘zero up front’ method of financing the project” taking “minority station revenues off the top,” REC said. “Our bigger concern is to address the fact that FM Boosters provide absolutely no co-channel protection to incumbent facilities.” Minority-owned Roberts Radio told the FCC that the technology will create revenue for similar companies, but said the agency should eliminate EAS equipment requirements for FM boosters and allow more geotargeted content per hour. Increasing the three-minute-limit per hour to six would “double the effect of this opportunity, and still represent less than half the advertising time available on most commercial FM stations,” Roberts said. FM boosters used in geotargeted radio don’t need their own EAS equipment because they can repeat the signal from their main station, Roberts said. “Requiring program originating booster operators to install EAS equipment will impose significant and wholly unnecessary financial and technical burdens on the broadcasters that employ them.”
The FCC Enforcement Bureau denied a petition for reconsideration of a $25,000 forfeiture against Jupiter Community Radio, operator of WJUP-LP Jupiter, Florida, an order in Tuesday’s Daily Digest said. The original forfeiture order was issued for violations including failure to make the station available for FCC inspection and to maintain emergency alert system equipment. Jupiter appealed that order in 2022 seeking a reduction in the fine, saying that it was unable to pay and that it had addressed the issues with its EAS equipment. In April 2024, Enforcement Bureau agents tried to inspect the station but found it off the air, the order said. “An agent contacted Jupiter’s president to arrange an inspection of the Station’s facilities, but the president was uncooperative at the time and did not return the agent’s follow-up calls seeking access to the Station’s facilities to conduct an inspection,” Tuesday’s order said. Jupiter didn’t submit sufficient documentation to demonstrate an inability to pay, the EB said. “Coupled with Jupiter’s continued unwillingness to permit Bureau agents to inspect the Station, we find that the public interest does not favor granting the relief that Jupiter seeks.”
The FCC asked the 5th U.S. Circuit Court of Appeals to dismiss Consumers' Research's challenge of the agency's USF contributions methodology. Consumers' Research "made the same arguments before the Sixth and Eleventh Circuits," the agency said in a petition filed Monday (docket 22-60008), adding the U.S. Supreme Court declined to review the decisions (see 2406110008). "Those decisions are thus final and not subject to further review," the FCC said, and "petitioners are precluded from raising the same claims here." Also, Consumers' Research filed a motion for the D.C. Circuit for a voluntary dismissal regarding one of its challenges to the USF contribution factor.
The FCC and Massachusetts will probe a 911 outage reported around the state that lasted at least two hours Tuesday afternoon. Meanwhile, the Maine Department of Public Safety said the Federal Emergency Management Agency (FEMA) is checking why people in Maine and other states received wireless emergency alerts (WEA) about the Massachusetts incident. The FCC is "looking into what occurred" in Massachusetts and "the reports concerning WEA," a commission spokesperson said. A Massachusetts Executive Office of Public Safety and Security spokesperson said in a statement just before 4 p.m. that the 911 system was restored. The office sent its first alert about the problem at 2:22 p.m. It said that the state 911 department is “aware of a disruption ... and is investigating the cause.” The state advised residents facing an emergency to call local police departments’ direct lines. “We will provide further information as it becomes available.” Multiple local public safety agencies alerted the public via social media about the problems calling 911. “The current 911 system is down statewide,” the Boston Fire Department posted on X at 1:55 p.m. The Brockton Fire Department posted “Major 911 outage in Massachusetts” at 1:41 p.m. on the same platform. People in other states said they received wireless emergency alerts about the Massachusetts outage, including a Comm Daily reporter with a Virginia area code. The same Virginia-based reporter later received another WEA that said Maine's 911 system was fully operational and to disregard the emergency alert from another state. The Massachusetts "alert was sent to other surrounding states in error and is being investigated by FEMA," the Maine Public Safety Department said in a statement. "Maine 911 is up and running." FEMA declined to comment.
NTCA urged the FCC to further refine its broadband mapping process “before bad decisions are locked in and have years-long implications,” Cassidy Hjelmstad, SRT Communications CEO-general manager, and Roger Nishi, Waitsfield and Champlain Valley Telecom vice president-industry relations, wrote in NTCA’s Advocacy Spotlight series (see 2405200065). Current maps encourage companies to overstate coverage areas, and it's "almost impossible" to correct data if an individual provider overstates coverage for thousands of locations, the NTCA members wrote. They recommended the FCC “take a step back and get coverage claims right.” The system “wasn’t built to handle overstatements on a widespread basis," they added.
IP captioned telephone service providers asked the FCC to act on a new IP CTS rate plan (see 2406030062). CaptionCall said in separate meetings with aides to Commissioners Nathan Simington, Brendan Carr and Geoffrey Starks that the rate plan "should set the basic economic framework for the development of the most functionally equivalent IP CTS." The company also met with an aide to Chairwoman Jessica Rosenworcel. In addition, Hamilton Relay met separately with aides to Carr and Starks. It told the FCC that a new rate plan should "adequately compensate providers for the higher costs" associated with using a communications assistant (CA). Moreover, a plans should "require all certified providers ... to include an option for CA-assisted IP CTS."