The FCC Wireless Bureau on Monday rejected a Competitive Carriers Association’s request for a 15-day delay in the deadline for filing reply comments on proposed handset unlocking rules. Replies remain due Sept. 23 in docket 24-186. T-Mobile, CCA’s largest member, supported the extension, but Incompas, Consumer Reports and Public Knowledge opposed it (see 2409130017). “We do not find persuasive," the bureau said, "CCA’s argument that an extension of time to file reply comments is necessary to ensure the record is ‘complete and robust.’” The bureau noted the NPRM was released July 19 and “all interested parties had adequate notice that reply comments would be due 15 days after the comment deadline.” Initial comments were filed last week (see 2409100048).
The FCC's out-of-band emissions (OOBE) limits in the PCS G Block will particularly hurt direct-to-device (D2D) real-time communications, making them unreliable in emergency situations, SpaceX said in a docket 23-135 filing posted Monday. The filing was a response to numerous questions the agency asked SpaceX about its proposed supplemental coverage from space service (see 2409100042). It said its design and operational strategies for orbital debris haven't changed since its previously submitted orbital debris mitigation plan. Moreover, SpaceX said it will ensure its operations won't hurt those of crewed space stations because it will avoid ongoing, nominal operations between altitudes of 385 km and 430 km. SpaceX said it can comply with the agency's OOBE limits only by suppressing its satellites' in-band transit power "and by extension the coverage, throughput, and reliability of supplemental coverage for American people." It said the limits "'will also needlessly delay deployment of realtime emergency communications -- including 911 calling" and necessitate deployment of more capacity to make up for the throughput and coverage limits. The OOBE limits are "nearly ten times more restrictive than necessary for operations in the PCS G Block," SpaceX said, noting it has deployed more than 190 D2D satellites.
Various consumer groups filed Monday in support of the FCC’s proposed handset unlocking mandate (see [Ref:2407180037). “A uniform approach applied across the industry will address this inconsistency, enhance competition, and create regulatory parity,” said a letter in docket 24-186: “A standard should be set after a close review of the record in this matter and with careful consideration of the impact of any obligations adopted by the Commission on various wireless industry segments.” Among the groups endorsing the filing were the 60 Plus Association, the American Consumer Institute, the Institute for Policy Innovation and the Institute for Technology and Network Economics. They called for a “common-sense” approach.
Representatives of the Edison Electric Institute met with an aide to FCC Chairwoman Jessica Rosenworcel about the group’s stance on pole attachment rules. “EEI emphasized the need for a flexible approach to timelines for ‘Large Orders,’ as a one-size-fits-all approach would be impractical,” said a filing posted Monday in docket 17-84: “Any make-ready timeline for Large Orders must account for unpredictable and unavoidable operational issues outside the pole owner’s control.”
House Administration Committee ranking member Joseph Morelle, D-N.Y., offered “strong support” Monday for FCC Chairwoman Jessica Rosenworcel's embattled AI political ad disclosures NPRM (see 2407250046). Morelle and other House Democrats previously supported the proposal during an event last week but indicated they would like the FCC to go further on AI regulation if Congress can delegate that authority to the agency (see 2409110065). “I commend the [FCC] for taking this necessary step towards regulating the use of AI in political communications, as the absence of effective guardrails presents a clear and present danger to the information ecosystem in the upcoming election,” Morelle said in a letter to Rosenworcel that we obtained. He would also back the FCC engaging in “future rulemaking to regulate this technology in political communications.” The “current lack of regulation that specifically addresses political advertisements could easily be exploited by candidates for office and dark money groups attempting to confuse and manipulate voters,” Morelle said: Political “candidates have already attempted to manipulate voters by using AI” and its use “in campaign advertisements will only increase” as the Nov. 5 election approaches. “The American public deserves to know whether the political advertisements they see on television or hear on the radio have been manipulated by generative AI,” he said. “Campaign-related disclosures, like those in the Proposed Rule, are critical to ensuring that voters” are fully informed. “Deterring the untoward use of AI by bad actors for political gain during this and future election cycles requires a whole-of-government approach, and I hope that other agencies will soon follow.”
The House plans to vote as soon as Tuesday night on the Senate-passed Launch Communications Act (S-1648) under suspension of the rules. The measure, which the Senate passed in October, and House-approved companion HR-682 would require the FCC to streamline the authorization process for commercial launches’ access to spectrum (see 2307260037).
The FCC is inviting comment on or before Nov. 18 on whether any rules adopted in calendar year 2013 should be “continued without change, amended, or rescinded in order to minimize any significant impact the rule(s) may have on a substantial number of small entities,” said a notice for Tuesday’s Federal Register. The FCC is seeking comment to comply with Section 610 of the Regulatory Flexibility Act of 1980, the notice said. Comments should be filed in docket 24-245.
With FY 2024 regulatory fees due before Sept. 27 (see 2409100045), the FCC issued a series of regulatory fee fact sheets Monday. The agency said cable TV systems operating on Oct. 1, 2023, must pay a $1.27 per-subscriber regulatory fee for all the community units in which they operate. The number of basic cable subscribers served on Dec. 31, 2023, should be used to calculate the fee payment. IPTV subscribers and direct broadcast satellites should be included in the Cable Television Systems fee category and assessed a regulatory fee at the same rate as cable television fees. The number of IPTV and DBS subscribers served on Dec. 31, 2023, should be used as the basis for calculating the fee payment. In addition, the agency said Commercial Mobile Radio Service providers owe regulatory fees for each license held as of Oct, 1, 2023, even if the license later expired. CMRS fees will be assessed on the number of telephone numbers or subscriber counts, including non-geographic telephone numbers. The Office of International Affairs said regulatory fees for submarine cable systems will be paid, per cable landing license, for all submarine cable systems operating as of Dec. 31, 2023. Moreover, it noted that capacity for calculating fees should be based on “lit” capacity. It said any regulated party whose total FY 2024 annual regulatory fee liability, including all categories of regulatory fees for which payment is due, is $1,000 or less, is exempt from payment of FY 2024 regulatory fees. Also exempt are noncommercial educational (NCE) FM station licensees and full-service NCE television broadcast station licensees, provided that these stations operate solely on an NCE basis.
Title I or Title II of the Communications Act would bar the New York Affordable Broadband Act (ABA), said amici supporting ISP groups in briefs Friday at the U.S. Supreme Court. NCTA, a cable industry group that didn’t join the original May 2021 challenge that several national telecom associations filed in a district court, said the ABA “would impose unprecedented and unlawful rate regulation on broadband services.” The Multicultural Media, Telecom and Internet Council (MMTC) also condemned the state law. “If the ABA becomes effective, it will achieve the opposite of what it purports to accomplish, making it harder for communities of color to subscribe to broadband.”
The FCC’s June rules for foreign-sponsored content violate the Administrative Procedure Act because the agency didn’t provide notice of plans for expanding the 2021 rules to cover political ads and public service announcements, said NAB in a petition for review filed Monday with the U.S. Court of Appeals for the DC Circuit. The 2024 order was a response to a D.C. Circuit ruling in favor of an NAB-backed challenge to portions of the FCC's 2021 foreign-sponsored content rules. The FCC “did not even attempt to provide a rationale for changing course,” to go after PSAs and issue ads, NAB said in the filing, which echoes arguments Commissioners Nathan Simington and Brendan Carr raised in dissents back in May. “Adopting rule changes nobody could have reasonably anticipated is a textbook example of unfair surprise,” Carr wrote at the time.