House Communications Subcommittee Chairman Bob Latta (Ohio) and Health Subcommittee Chairman Brett Guthrie (Ky.) are highlighting reaching a deal on an expansive spectrum legislative package as a top communications policy priority if they succeed retiring Commerce Committee Chair Cathy McMorris Rodgers (Wash.) as the panel's lead Republican in the next Congress. Both contenders separately told us their spectrum focus wouldn’t waver if Rodgers and other congressional leaders reach a deal this year that restores the FCC’s lapsed auction authority and other airwaves-related priorities. Talks on spectrum legislation have largely stalled since early 2023, but Senate Commerce Committee Chair Maria Cantwell, D-Wash., and others are shopping new proposals (see 2403210063).
The 8th U.S. Circuit Court of Appeals granted the unopposed motion of the American Television Alliance of low-power stations to intervene as of right in defense of the FCC’s Dec. 26 quadrennial review order against the four consolidated petitions challenging the order for allegedly violating Section 202(h) of the Telecommunications Act (see 2404080002), said a signed clerk’s order Wednesday. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).
Affordable connectivity program providers will be reimbursed up to $14 for providing the benefit to nontribal households next month, said an FCC Wireline Bureau public notice Tuesday in docket 21-450 (see 2403040077). ISPs will also be reimbursed up to $35 for serving tribal households and up to $47 for connected devices.
The FCC Wireless Bureau Wednesday denied a waiver request by Lincoln County, Maine, to operate a travelers’ information station (TIS) that deploys equipment not certified for Part 90 use, using AM radio spectrum. “Since the County did not include an engineering analysis in its … request, we cannot determine whether operation of the proposed transmitter at its maximum output power of 500 watts would interfere with incumbent AM broadcast stations,” the bureau said. The bureau also denied a similar request by Waldo County, Maine. The county argues it's “a coastal jurisdiction and is susceptible to severe summer and winter storms, in the form of blizzards, nor-easters, ice storms, tropical storms and hurricanes,” and it “can experience out-of-control forest fires that can burn into neighborhoods and cut off escape routes,” the bureau said: “Though these circumstances may be factual, and though [we] do not downplay the severity of such threats, we find that these do not constitute unique or unusual circumstances, as these circumstances could apply to other areas of the country."
The FCC should make inventory spectrum available for free to “non-dominant” carriers to promote competition, EchoStar, the parent of Dish Wireless, told the FCC (see 2404090045). “Non-incumbent carriers (more specifically, every carrier other than AT&T, T-Mobile and Verizon) should have a ‘right of first refusal’ to all Inventory Spectrum,” EchoStar said. The company also urged the FCC to address the lower 12 GHz band, as advocated by the 12 GHz for 5G Coalition (see 2312270045): “Substantial evidence in the record shows that fixed 5G services can provide broadband to tens of millions of Americans, while fully protecting existing non-geostationary orbit Fixed-Satellite Service and Direct Broadcast Satellite customers.” In another filing this week in docket 24-72, electric utilities said the approaches the FCC is examining don’t provide the certainty they need. “Currently, utilities have very few options for accessing spectrum -- particularly spectrum with the certainty provided by licensed exclusive-use -- and those limited options are increasingly insufficient in bandwidth,” they said. “The ability to access Inventory Spectrum presents one potential solution to the problem of spectrum availability.” The filing was signed by the Edison Electric Institute, the Utilities Technology Council, the Utility Broadband Alliance, FirstEnergy, Southern California Edison and the Southern Co. The Blooston Group of small and rural carriers said the best approach would be site-based licensing, which “would provide a simpler and lower cost way to promote access to spectrum in rural areas, and by entrepreneurs and smaller operators.” Third-party coordinators and licensee-to-licensee coordination “could be relied upon to minimize harmful interference between operators,” Blooston said. NCTA said the Lower 3, 7, Lower 37 and 12.7 GHz bands would be “perfectly situated -- both spectrally and technologically” for licensed-shared and unlicensed spectrum access frameworks. “A coexistence-based approach in each band would allow for efficient and cost-effective spectrum use by a diverse set of users, offer the fastest method of putting this spectrum in the hands of businesses and consumers, and enable federal and non-federal incumbents to continue providing critical services without disruption,” NCTA said.
Most ISPs began displaying consumer-friendly labels at their online and in-store points of sale Wednesday, the day the FCC required compliance for providers with more than 100,000 subscribers. Smaller providers have until Oct. 10 (see 2310100058). The new labels, mandated by the Infrastructure Investment and Jobs Act, are based on the FCC's 2016 voluntary labels. "Consumers across the country can now benefit from consistent, transparent, and accessible point-of-sale information about broadband prices and services," said Chairwoman Jessica Rosenworcel. The new disclosures are "designed to make it simpler for consumers to know what they are getting, hold providers to their promises, and benefit from greater competition," Rosenworcel said. "This new and important tool empowers consumers with clear, consistent, easy to understand and accurate information about current internet service offerings and allows them to make an informed choice that best meets their household needs and their long term budget," Consumer and Governmental Affairs Bureau Chief Alejandro Roark told reporters Tuesday during an embargoed news conference. Current subscribers will have access to labels describing their existing plans "wherever they pay their bill," Roark said. The new label is "a tool that can help consumers," said White House National Economic Council Deputy Director Jon Donenberg. It "will make sure that you have a clear, straightforward explanation of your home internet and mobile plans and services before you sign up for anything," Donenberg said, calling the move "common sense." Labels are required for all stand-alone home or fixed broadband and mobile broadband services. ISPs are required to include in their labels introductory rates, speeds, data allowances and links to additional information about network performance and privacy policies. Providers will also be required, beginning Oct. 10, to make the labels machine-readable to "enable third parties to more easily collect and aggregate data for the purpose of creating comparison-shopping tools for consumers," said an FCC consumer advisory Wednesday.
The 5th U.S. Circuit Appeals Court should reverse the FCC's ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) by interpreting the Communications Act “in accordance with its ordinary meaning,” Senate Commerce Committee ranking member Ted Cruz (Texas) and six other Republican senators wrote in an amicus brief Tuesday (docket 23-60641). The brief supports Maurine and Matthew Molak's petition to defeat the Oct. 25 declaratory ruling (see 2404030010).
The Federal Emergency Management Agency and the National Weather Service (NWS) joined commenters from the broadcast, MVPD and emergency alerting industries in pushing back on an FCC proposal (see 2402150053) requiring multilingual emergency alert system warnings facilitated by scripted templates, according to comments posted this week in docket 15-94. Though nearly every commenter acknowledged the importance of multilingual EAS, they also said the FCC’s proposal is too preliminary, would greatly burden broadcasters and MVPDs, and in some cases isn’t technically feasible. “The use of pre-installed templates may not be an effective approach,” said the FEMA Integrated Public Alert Warning System Program Office.
Many small carriers could be in financial trouble if Congress doesn’t allocate more money to pay for removing unsecure Chinese-made gear from their networks, Summit Ridge Group President Armand Musey said in an interview. Congress has considered, but so far has failed to provide, the $3.08 billion needed to fully fund the Secure and Trusted Communications Networks Reimbursement Program (SCRP).
Rep. Yvette Clarke, D-N.Y., is circulating a discharge petition (H.Res. 1119) in a bid to force a floor vote on her Affordable Connectivity Program Extension Act (HR-6929/S-3565), which would appropriate $7 billion to keep the ailing FCC broadband fund running through the end of FY 2024. Clarke's petition will likely help ACP backers in their push to advance the funding proposal out of the lower chamber and amplify pressure on Congress to act before the program's current money runs out in the coming weeks, lobbyists told us. Advocates acknowledge they still face headwinds in the Senate, where leaders continue eyeing alternative vehicles for the appropriation. Congress approved the Further Consolidated Appropriations Act FY 2024 minibus spending package last month without ACP money (see 2403280001).