Communications Daily is tracking the lawsuits below involving appeals of FCC actions. Lawsuits added since the last update are marked with an *.
Industry groups and ISPs sought several adjustments in FCC requirements on broadband data collection (BDC). Some asked the FCC to permanently remove the rule requiring that a professional engineer (PE) certify availability data. Others sought clarification on the process for providers seeking to restore locations on their availability maps after a challenge process removed such locations. Comments were posted through Tuesday in docket 19-195 (see 2408300036)
NEW YORK -- 2025 isn't a “cliff” for the broadcast TV industry despite falling retransmission consent revenue, ad sales declines and growing streaming competition, said executives at the NAB Show New York Wednesday. “We're not at the cliff,” said Nexstar President-Broadcast Andy Alford. “I think 2025 is going to have its challenges,” but “there is lots of opportunity for 2025 to be a good year." Said CBS News and Stations President Jennifer Mitchell during a TV NewsCheck-hosted panel, “Despite year-over-year declines heading into 2025 there is a lot of optimism.”
ISPs in 24 states could face business challenges in the next decade from the broadband equity, access and deployment (BEAD) program’s low-cost offering requirement if the FCC further moves the needle on what it defines as broadband, NCTA state affairs lead Rick Cimerman said Wednesday. In addition, Jennifer Fritzsche, Greenhill analyst, said she expects consolidation among rural wireline companies akin to what happened with numerous regional wireless operators. They spoke at the Broadband Nation Expo that the Telecommunications Industry Association and Fierce Network organized.
AT&T on Wednesday called for major changes in how 3 GHz, including the citizens broadband radio service band, is configured, going beyond what the FCC proposed in an August NPRM (see 2408160031). Meanwhile, during a Broadband Breakfast webinar Wednesday, experts said the CBRS band has demonstrated the value and importance of spectrum sharing.
NTIA remains “on track” to deliver on initial commitments under the national spectrum strategy that the Biden administration released in November (see 2311130048), NTIA Administrator Alan Davidson said at the Mobile World Congress in Las Vegas. Davidson also defended the administration’s progress under the $42.5 billion broadband equity, access and deployment (BEAD) program, a recurring target of Republican criticism (see 2409270032).
Satellite imaging company Pixxel Space Technologies hopes to launch its Honeybee-00 demonstration satellite, which is to be part of its planned hyperspectral imaging constellation, in June, it told the FCC Space Bureau in an application posted Tuesday. Pixxel asked for a waiver of the requirement that the probability of human casualty from portions of the satellite surviving reentry be zero. It said simulations show its propulsion tanks could survive reentry and cause "a 1:19,100 chance of human casualty," but the tanks can't be readily replaced this far along in the manufacturing process. It said in the future Pixxel will use propulsion tanks that fully burn up on reentry.
The FCC should cement Paramount Global's and Skydance Media's "general labor-friendly statements with specific, binding merger conditions" that maintain minimum levels of union-created content and station-level employment, labor unions said Tuesday in docket 24-275. The International Brotherhood of Teamsters Hollywood Local 399, Writers Guild of America West and Writers Guild of America East said Paramount and Skydance have maintained that New Paramount will have strong demand for union-created programming and good partnerships with organized labor. But they also have indicated that the $8 billion Skydance/Paramount deal, announced in July (see 2407080025), could prompt significant job cuts, the unions said. Worker-related merger conditions, the union filing said, would be in line with the FCC Media Bureau's hearing designation order in Tegna/Standard General (see 2302240068), which emphasized that jobs and journalists relate directly to localism and the public interest.
Congress should remove the FCC's authority to impose content-based restrictions such as the broadcast indecency rules on broadcasters in the wake of Republican Presidential nominee Donald Trump's repeated calls for action against ABC's license (see [Ref:2409120056), said American Action Forum Director-Technology and Innovation Policy Jeffrey Westling in a post Tuesday. “While many were quick to dismiss Trump's call, it is indeed possible for the federal government to revoke a broadcast license, even in response to what is essentially a political offense,” Westling said. He said Congress should do away with the news distortion rules and indecency rules, which remain on the books but are used infrequently. The news distortion rules bar broadcasters from deliberately distorting a factual news report, while the indecency rules bar egregious nudity or profanity. The FCC hypothetically could use the news distortion rules to block a license renewal for a station that aired a story the president disapproved of, Westling said. Elimination of the rules would give broadcasters more freedom and allow them to better compete with other media that aren't bound by such rules, he said. “The freedom to succeed would also entail the freedom to fail: If a station airs content that consumers do not want to see, it will simply go out of business,” he said.
FCC Chairwoman Jessica Rosenworcel Tuesday condemned a letter from the Florida Department of Health threatening a TV station over an advertisement. Sent to Nexstar's WFLA-TV Tampa and other Gray Television stations, the letter claimed a political ad running on the station critical of Florida's abortion policies constituted an illegal “sanitary nuisance” and threatened the station with criminal prosecution. The station's First Amendment right “does not include free rein to disseminate false advertisements which, if believed, would likely have a detrimental effect on the lives and health of pregnant women in Florida,” the DOH letter said. Rosenworcel, in a release, responded, “The right of broadcasters to speak freely is rooted in the First Amendment.” She continued, “Threats against broadcast stations for airing content that conflicts with the government's views are dangerous and undermine the fundamental principle of free speech.” The ad, the DOH letter said, characterized a Florida law that strictly limits abortions as banning them and leading to the deaths of pregnant women. The ad is “not only false, it is dangerous.” Women faced with pregnancy complications posing a serious risk of death “may and should seek medical treatment in Florida,” the letter said. Nexstar, Gray and NAB didn't comment.