Dish Wireless certified that it’s in compliance with new mandatory disaster response initiative (MDRI) requirements the FCC approved last year (see 2207060070). Dish “complies with the Commission’s MDRI rules and thus is entitled to a presumption of compliance with the Commission’s rules implementing the MDRI,” the company said in a filing posted Thursday in docket 21-346.
The Council of Large Public Housing Authorities is concerned about the FCC's proposal that would ban bulk billing arrangements between ISPs and building owners (see 2403050069). The group said in a meeting with an aide to Commissioner Geoffrey Starks and a separate letter to Chairwoman Jessica Rosenworcel that "wholesale elimination of bulk billing would precipitate unintended consequences by having a negative effect on low-income residents." CLPHA noted that some bulk billing arrangements let residents in public housing units receive service at no cost.
The FCC’s April 24 opposition to Essential Network Technologies and MetComm.Net's petition challenging the authority of the FCC and the Universal Service Administrative Co. to withhold reimbursement of discounts for IT and broadband services that the companies provided to schools confirms that the petition should be granted, the petitioners’ reply said. It was filed Wednesday (docket 24-1027) at the 8th U.S. Circuit Court of Appeals. Discounts on IT and broadband services come under Section 254 of the Communications Act (see 2404250028). The FCC calls the mandamus relief that the petitioners seek to force the reimbursements a drastic remedy that should be invoked only in extraordinary circumstances. In cases such as this, involving claims of unreasonable agency delay, mandamus is warranted only when delays are egregious, the agency said. But under “the first mandamus factor,” for a remedy in this case to be adequate, “it must enable the numerous schools in this case to complete their IT projects before the next school year,” said the petitioners’ reply. If the FCC doesn’t render a decision and provide funding before the summer, “many schools will be unable to move forward with vital IT projects and hundreds of students will be deprived next school year of the IT infrastructure necessary for a modern education,” it said. Compensatory relief after years of litigation, as the FCC suggested, doesn’t provide an adequate remedy that would prevent this harm to the public, “which after next year would become irreversible in the absence of immediate mandamus relief,” it said. The agency contends that in light of evidence showing that the petitioners may have had an improper relationship with the schools they were servicing, USAC investigated that possible misconduct, but expects those probes will be finished by the end of May. But that expectation “provides little solace when USAC lacks any authority to address the legal issues in this case and there is no time limit for an FCC decision,” said the petitioners’ reply. The agency’s opposition doesn’t indicate when the FCC will render a decision or whether the schools will receive funds before next school year, it said. Under the second mandamus factor, there’s a clear and indisputable right under Section 254 to the particular relief sought, it said. The Fifth Amendment also establishes a clear and indisputable right to due process, which required a “timely deprivation hearing” either before or after Essential and MetComm were deprived of their “statutory entitlement to reimbursement,” it said. The FCC has a “clear duty” to report its deprivation decision in writing, it said.
The federal government is progressing in its understanding of the extent of threats to federal technology systems, Eric Goldstein, executive assistant director-cybersecurity at the Cybersecurity and Infrastructure Security Agency, said at a Center for Strategic and International Studies event late Wednesday. Other speakers noted private companies have slowly become more willing to share information when they experience a cyberattack.
The low earth orbit (LEO) satellite boom is aping the consumer electronics model of cheap and standardized, meaning the industry must focus more on rapid replacements that are also environmentally sustainable, said Aaron Boley, University of British Columbia Outer Space Institute co-director, speaking at an IEEE event Thursday on LEO and sustainability. Darren McKnight, LeoLabs senior technical fellow, said the proliferation of spent rocket bodies left in orbit is an increasing concern. Among regulatory agencies, the FCC has "set a good example" in trying to tackle orbital debris, McKnight said. The commission has said it would refresh its space debris mitigation docket (see 2405020048).
The FCC’s digital discrimination rule “has gone far beyond what Congress intended” when it enacted the Infrastructure Investment and Jobs Act, the National Association of Manufacturers said in an amicus brief Tuesday (docket 24-1179) in the 8th U.S. Circuit Court of Appeals. The brief supports the 20 industry petitioners that want the rule vacated as unlawful in part, they say, because the FCC imposed it without clear congressional intent (see 2404230032).
Top Affordable Connectivity Program Extension Act (HR-6929/S-3565) backers Sens. J.D. Vance, R-Ohio, and Peter Welch, D-Vt., said Thursday they plan to press forward with an amendment to the bipartisan 2024 FAA Reauthorization Act that would appropriate $7 billion in stopgap funding for the ailing FCC broadband program (see 2405010055) despite opposition from Senate leaders. ACP stopgap funding advocates used a Senate Communications Subcommittee hearing that day to implore that Congress act while critics raised objections about what they said was a lack of clear information about the program's efficacy.
The FCC released the text Thursday of a draft NPRM proposing to bar labs from entities on the agency’s “covered list” of unsecure companies from participating in the equipment authorization process. Chairwoman Jessica Rosenworcel and Republican Commissioner Brendan Carr announced the NPRM Wednesday. It will get a vote at the commissioners' open meeting May 23 (see 2405010073).
Mega constellation operators are pushing back on an FCC proposal that would charge more regulatory fees for big non-geostationary orbit (NGSO) constellations. Docket 24-85 reply comments this week also saw numerous calls for imposing fees on authorized systems that aren't yet operational and for phasing in any big fee hikes. The FCC in March adopted an NPRM on regulatory fee changes for satellite and earth stations due to the agency reorganization that created the Space Bureau, with initial comments received last month (see 2404150040). Amazon's Kuiper said the agency should reject proposals such as putting a particularly big share of NGSO fees' burden on large constellations that are not backed by full-time equivalent (FTE) staff allocations. SpaceX said the relative activity in licensing dockets isn't a reasonable proxy for apportioning fees. As a result, the agency shouldn't impose higher fees on NGSO mega constellations based on the number of filings in those NGSO licensing dockets. Increased fees would reward obstructionist competitors gaming the comment system, SpaceX said. FCC records show the largest NGSO constellations are responsible for a disproportionate share of the regulatory burden, Telesat said. It said the record shows substantial support for allocating a share of at least 30% of aggregate Space Bureau regulatory fees to earth station regulation. Phase in any new or hiked Space Bureau regulatory fees over years to ease the financial burden, NCTA said. It said the FCC should stick to its calculations for how many FTEs work on earth station matters, rather than considering unsubstantiated arguments for shifting more of the Space Bureau's regulatory fee burden onto earth station operators. It said no one has offered an argument for putting regulatory fees on receive-only earth stations, and thus the agency shouldn't do so. Eutelsat/OneWeb called "reasonable" the proposed 60/40 allocation between geostationary and NGSO systems, respectively. Also backing tiers of NGSO regulatory fees based on constellation size, it said larger constellations "raise additional issues that require more FTE time," such as orbital debris and larger earth station networks. EchoStar and DirecTV also backed the NGSO subcategories based on constellation size and assessing fees on authorized but not yet operational systems, as did SES/O3b, which also urged a several-year phase-in of fee increases due to the Space Bureau's creation. Viasat also urged that NGSOs cover a greater allocation of satellite fees and backed the NGSO subcategories. The $400,000 annual regulatory fee that small non-voice, non-geostationary mobile satellite systems are facing under the FCC proposal is "unsustainable" and make operating NVNG MSS systems in the U.S. a challenge, Myriota said. NVNG MSS systems consume fewer FCC resources than other small NGSO constellations, it added.
The FCC Wireless Bureau approved a waiver that Saab TransponderTech sought concerning the commission’s part 80 rules to allow authorization of Saab’s R60 Automatic Identification System (AIS) Aids to Navigation (AtoN) station. An AtoN is “any device external to a vessel or aircraft intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation,” said an order posted in Wednesday’s Daily Digest. Though the commission’s part 80 rules “currently do not provide for the authorization of AIS AtoN equipment, we find that authorizing this AIS AtoN serves the paramount goal of part 80 by promoting maritime safety through the use of radio technology,” the bureau said.