Multichannel video programming distributors (MVPDs) redoubled their arguments against a proposed requirement that gives subscribers a rebate when a retransmission consent talk impasse results in a blackout. Arguments were made in reply comments filed in docket 24-20 this week. Initial comments were in March (see 2403110057). Localities and broadcasters jabbed at MVPD contentions. Also, broadcasters and MVPDs are at odds over a proposed blackout reporting mandate (see 2402270044).
Commenters disagreed sharply on what mechanisms the FCC should use to make available unassigned licenses in its inventory absent general auction authority. Comments were posted Tuesday in docket 24-72. The FCC sought comment in March on the first anniversary of the expiration of its general auction authority (see 2403070062). Wireless carriers said grants of special temporary authority (STA) are the best alternative. Unlicensed advocates hailed the benefits of dynamic spectrum sharing.
The American Television Alliance (ATVA) of low-power stations seeks leave 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, said the alliance’s unopposed motion Friday in the 8th U.S. Circuit Court of Appeals. The 8th Circuit, in an April 2 order, granted NCTA’s motion to intervene on the FCC’s behalf (see 2404020045). In the order under review, the FCC found that its existing media ownership rules, with some minor modifications, remain necessary in the public interest, said ATVA’s motion. Most important to the group, the FCC retained the local television ownership rule with modest adjustments to reflect changes that have occurred in the television marketplace, it said. That rule limits the number of full-power television stations an entity may own within the same local market to at most two, subject to some limits, it said. The “top-four prohibition” generally bars broadcasters from owning two stations ranked among the top four in a local market, it said. The order “rejected broadcaster efforts” to weaken the top-four prohibition for strong public interest reasons, and the commission also took action to prevent parties from exploiting unintended ambiguities or gaps in the top-four prohibition, it said. ATVA and its members will be “substantially affected” by the 8th Circuit’s review of the order, said the motion. FCC rules require ATVA members to engage in retransmission consent negotiations with television broadcasters throughout the country, and the association argued throughout the agency proceeding that the challenged rules will protect consumers from rising costs due to pass-through of retransmission consent fee increases that result when broadcasters are able to negotiate retransmission consent fees for two top-four stations jointly in a market, it said. ATVA “likewise explained to the FCC the need to close the loophole that was increasingly being exploited” by network affiliation arrangements and acquisitions to circumvent the top-four prohibition, it said. An 8th Circuit decision calling the FCC’s decisions into question in these areas “would increase broadcasters’ already-powerful ability to extract supracompetitive retransmission consent fees from ATVA members and, ultimately, from consumers,” said the motion. 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). The 8th Circuit previously granted the unopposed motions of four network affiliates associations (see 2403220041) and six radio group owners (see 2403260001) to intervene in support of the four consolidated petitions.
FCC Chairwoman Jessica Rosenworcel emphasized restoration of net neutrality rules to ensure public safety, during a Monday visit to the Santa Clara County, California, Fire Department. The fire department accused Verizon of throttling its service during the Mendocino Complex Fire (see 1808220059). "When firefighters are going into dangerous environments, they want to know that they have an internet that they can count on," Rosenworcel said. Although states like California have "stepped in and built their own net neutrality laws" since the commission's previous rules were repealed, it's "time that we have a national policy of internet openness," Rosenworcel said: "I think in the aftermath of the pandemic, making sure that there's a watchdog for the broadband connections we all count on, is the right thing to do."
The FCC’s net neutrality draft order got state support from California Attorney General Rob Bonta (D) and the National Association of State Utility Consumer Advocates (NASUCA). Bonta's office said in a statement Friday that it supports “strong federal net neutrality rules that establish a floor of protection across the country.” The AG “especially applauds the draft order for acknowledging the important role states like California play in protecting net neutrality, and for declining to block enforcement of California’s own net neutrality law,” his office said. NASUCA praised the FCC draft for treating broadband as an essential service and leaving room for states. “The FCC correctly recognizes that there is a dual role for the federal government and states in addressing broadband and other essential services," and that classifying broadband internet access service "as Title II will enhance its ability to address public safety,” said Regina Costa, the group's telecom chair, in a Monday statement. NASUCA is glad the FCC declined to preempt California’s law or “all state authority over broadband,” she said. NARUC praised the draft last week (see 2404050068).
FCC commissioners approved a Further NPRM seeking comment on steps the agency can take to assist survivors of domestic violence access safe and affordable connected car services under the Safe Connections Act. Chairwoman Jessica Rosenworcel circulated the proposal in February (see 2402280053). Comments are due 30 days after Federal Register publication, 60 days for replies, in docket 22-238. "Having access to a car is also a lifeline," Rosenworcel said: "That is why in this rulemaking we propose that survivors should be able to separate lines that connect their cars."
Tribal-area wireless provider Smith Bagley asked the FCC to temporarily provide expanded monthly tribal Lifeline benefits of $25 to $65.75 to make up for the loss of funding as the affordable connectivity program expires. “Over 329,000 Tribal households currently receive ACP discounts, including residents living in remote rural areas that have poverty rates many times the national average,” said a petition posted Monday in docket 11-42: The loss of tribal ACP funding "will have devastating impacts as many residents will find high-quality broadband connections to be priced out of their reach, with few or no options to connect.” Smith Bagley also reported on a call with an aide to FCC Commissioner Anna Gomez on the proposed 5G Fund. It emphasized that the upcoming Tribal 5G Fund auction mechanism “must treat remote Tribal lands as a special case to ensure that these highest-cost areas are not excluded from receiving support as a result of an auction process,” said a filing in docket 20-32. The firm “discussed the extraordinary costs that the company faces in accessing fiber backhaul to its towers, 90% of which are today served by microwave. Without fiber, it will be difficult to meet the Commission’s 5G Fund auction performance requirements.”
The FCC asked for comments, due June 10, on the burden of complying with an information collection regime required under the FCC wireless emergency alerts rules, said a notice for Tuesday’s Federal Register. “This modification to an existing collection will require all … providers to file their election regarding participation in the WEA system by submitting the information to an FCC-created and maintained WEA database,” the notice said: “This will refresh … provider WEA-elections that were last required over a decade ago and provide a single source of information on WEA availability.”
The FCC is seeking comment, due June 10, on a requirement that upper microwave flexible use service licensees in the 28 GHz band demonstrate how they are using the band. “Licensees relying on mobile or point-to-multipoint service must show that they are providing reliable signal coverage and service to at least 40 percent of the population within the service area of the licensee, and that they are using facilities to provide service in that area either to customers or for internal use,” said a notice for Tuesday’s Federal Register. Licensees relying on point-to-point service “must demonstrate that they have four links operating and providing service, either to customers or for internal use, if the population within the license area is equal to or less than 268,000,” the notice said: If the population within the license area is greater than 268,000, the licensee “must demonstrate it has at least one link in operation and is providing service for each 67,000 [POP] within the license area.”
The FCC asked for comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees” as part of its wireless enhanced 911 location accuracy requirements. The FCC is seeking Office of Management and Budget approval for an extension of this information collection and will submit the information collection after a 60-day comment period, said a notice for Tuesday’s Federal Register.