EchoStar is giving fair warning about SpaceX's experimental license request to do supplemental coverage from space (SCS) operations testing in Australia, Canada, Japan and New Zealand. In an informal objection Monday with the FCC Office of Engineering and Technology, EchoStar said the application doesn't refer to coordinating with potentially affected operators. Moreover, it doesn't propose many of the conditions that are standard for similar experimental licenses or those from the FCC's February SCS order. EchoStar listed a set of suggested conditions for all SCS licensees, including specific out-of-band emission limits and mandatory coordination with potentially affected operators before commencing. In its special temporary authority request, SpaceX said it hopes to start testing on May 1 and continue until it receives commercial authority to deliver SCS from the FCC and relevant local administrations. It said beyond Australia, Canada, Japan and New Zealand, testing markets could include Chile, Peru and Switzerland, where it also has SCS partnerships.
While the "all-in" video pricing order has appeared in the Federal Register and is now effective (see 2404180008), compliance will be phased in, the FCC Media Bureau said in a public notice in Tuesday's Daily Digest. It said compliance for mid-sized and large cable and direct broadcast satellite operators won't be required until either Dec. 19 or when the Office of Management and Budget completes its Paperwork Reduction Act review, whichever comes later. Compliance for cable operators with annual receipts of $47 million or less won't be required until March 19, 2025, or Paperwork Reduction Act review, whichever comes later.
The FCC should deny radio station transfers of control associated with broadcaster Audacy’s bankruptcy reorganization because the company has asked for a temporary waiver of the agency's foreign ownership requirements, the Media Research Center, a "media watchdog," said in a petition filed Monday. MRC's website describes it as leading "the conservative movement in combatting the left’s efforts to manipulate the electoral process, silence opposing voices online, and undermine American values." The petition highlights the involvement of billionaire George Soros's involvement in Audacy. The Soros-associated Fund for Policy Reform would have an attributable ownership interest in Audacy after the bankruptcy. In addition, MCR said Soros Fund Management took steps to become Audacy’s largest shareholder. Widely seen as funding progressive causes and politicians, Soros is a frequent target of right-wing ire. “The Communications Act does not contain a special Soros shortcut,” said MRC’s petition. “And the FCC should not countenance this request for one.” Audacy’s application says the reorganized company will exceed the FCC’s 25 percent foreign ownership limit. It seeks a waiver allowing it to either use a “special warrant” stock issuance process to avoid exceeding the threshold or petition for a declaratory ruling permitting foreign ownership over the limit after it emerges from bankruptcy. “The Soros filings fail to demonstrate that in this case any interest in the reasonably efficient emergence from bankruptcy cannot be accommodated while also assessing the foreign ownership interests at the same time,” MCR said. Though MCR says the waiver of foreign ownership requirements would be “special treatment,” the FCC has granted similar waivers to other large broadcasters emerging from bankruptcy, such as Alpha Media (see 2309280073) and iHeartRadio (see 2103290057). Broadcast attorneys told us they aren’t aware of a request from any broadcaster to be foreign-owned over 25% that the FCC has denied since the process was streamlined in 2016. But, said MCR, “The Soros group’s interest in expediency does not give the FCC a basis for ignoring the legally required process." Audacy and the Fund for Policy Reform didn’t comment.
The Open Technology Institute at New America refuted arguments that CTIA made last week about the treatment of 5G slicing under draft FCC net neutrality rules (see 2404170032). CTIA claims the group wants to limit slicing, OTI said in a filing posted Tuesday in docket 23-320. “We strongly support innovative data services made possible by 5G mobile network slicing techniques” and “application-level services for enterprise use could be presumptively considered to be” non-broadband internet access service, the group said: “However, we do seek clarification that with respect to consumer-facing (retail) services offered to BIAS customers, mobile BIAS providers must not be allowed to evade the open internet rules by using network ‘slicing’ to engage in application-specific or content-specific discrimination.” OTI notes it’s seeking an addition to the language in the rules clarifying when the FCC is “likely to find” that an offering violates the rules.
The FCC wants comments by May 23, replies by June 24, in docket 22-238 on a Further NPRM concerning steps the commission can take under the Safe Connections Act that will help survivors of domestic violence access safe, affordable connected car services, said a notice in Tuesday's Federal Register. Commissioners approved the item earlier this month (see 2404080072).
Hotwire Communications asked the FCC to abandon its proposal to ban bulk billing arrangements between ISPs and multi-tenant buildings in a meeting with Commissioner Nathan Simington and aides (see 2403050069). Hotwire said in an ex parte filing posted Tuesday in docket 17-142 that the FCC determined in 2010 that bulk billing arrangements are "pro-competitive" and the record since then lacks evidence supporting a ban. The company asked that the item be considered during a commission meeting, saying it would "enable the public to review and provide input on the draft rulemaking for three weeks prior to the vote." It also asked that rules not apply to existing bulk billing agreements, since "numerous parties have made significant investment and deployment decisions in reliance on the 2010 decision."
Sen. Steve Daines, R-Mont., filed an amendment Tuesday seeking to attach language from his Supporting National Security with Spectrum Act (S-4049) to the House-approved FY 2024 national security appropriations supplemental package (HR-815) as an alternative vehicle for allocating an additional $3.08 billion for the FCC’s Secure and Trusted Communications Networks Reimbursement Program. S-4049, which Daines filed in March (see 2403220056), would offset the additional rip and replace funding by authorizing a reauction of the 197 AWS-3 licenses that Dish and affiliated designated entities returned to the commission last year. The Senate rejected a Thursday bid from Sen. Mike Lee, R-Utah, to open HR-815 up for amendments. “Removing Chinese telecom equipment from our wireless networks is a matter of national security,” Daines said in a statement. “Rural providers must have the resources and ability to remove compromised equipment. Without it, our wireless systems are at severe risk. This service is also critical for many Montanans in eastern Montana who could lose 911 and cell service. We must get this done before it’s too late.” Daines unsuccessfully attempted to attach the funding to the Further Consolidated Appropriations Act FY 2024 minibus spending bill last month (see 2403210067). He also previously considered filing the rip-and-replace language when the Senate was eyeing a version of the foreign aid package in January (see 2401240001). Lawmakers are continuing to eye using a spectrum legislative package to pay for additional rip-and-replace funding (see 2403140066).
NAB hailed refiling of the Broadcast Varied Ownership Incentives for Community Expanded Service Act (HR-8072/S-4158), which would restore the minority ownership tax certificate. Congressional Black Caucus Chairman Rep. Steven Horsford, D-Nev., and Sen. Gary Peters, D-Mich., led refiling of the measure last week. HR-8072/S-4158, like previous iterations (see 2108120054), would also direct that the FCC make recommendations on ways for improving ownership diversity. “Reinstating the diversity tax certificate program is a meaningful step to level the playing field and amplify underrepresented voices in media,” said NAB CEO Curtis LeGeyt. “A tax incentive program is a proven solution that significantly diversified the ranks of broadcast owners over its nearly two decades of existence.”
The FCC Public Safety Bureau issued an order granting a two-week extension request from Public Knowledge and several other groups for comment deadlines for responses to the agency’s outage reporting Further NPRM (see 2404170053). Comments on the item are now due May 13, replies June 12. The groups requested the extension because of the proximity of the original April 29 deadline to the agency’s net neutrality vote Thursday and the Passover holiday. “We conclude that the totality of the circumstances warrants a limited 14-day extension of the comment and reply deadlines to facilitate the development of a comprehensive record in this proceeding,” said the order.
Section 60506 of the Infrastructure Investment and Jobs Act “should have been as unremarkable as it was uncontroversial,” said a brief Monday (docket 24-1179) in the 8th U.S. Circuit Court of Appeals from 20 industry and business petitioners, including CTIA and the U.S. Chamber of Commerce, in support of their 16 consolidated challenges to the FCC’s Nov. 20 digital discrimination order (see 240319004).