USTelecom asked the FCC to grant broadband providers forbearance from Communications Act Section 214 requirements if it reclassifies broadband as a Title II service, meeting separately with aides to Chairwoman Jessica Rosenworcel and Commissioners Nathan Simington and Brendan Carr. Imposing Section 214 requirements on broadband providers would "undermine innovation and investment in the broadband marketplace," the group said in an ex parte filing posted Thursday in docket 23-320. While USTelecom continued opposing the commission's proceeding on Title II reclassification, it also asked that the FCC limit any obligations to "requiring broadband providers to have an international Section 214 authorization to enter the marketplace" (see 2310190020). Verizon raised similar concerns in a meeting with staff of the Wireline Bureau, Wireless Bureau, Office of International Affairs, Public Safety and Homeland Security Bureau, and Office of General Counsel.
Americans for Tax Reform President Grover Norquist and more than two-dozen others, including former aides to ex-FCC Chairman Ajit Pai, believe House Speaker Mike Johnson (La.) and other congressional GOP leaders should “swiftly hold NTIA accountable” for “weaponizing” the broadband equity, access and deployment program. NTIA appears to be violating language in the 2021 Infrastructure Investment and Jobs Act that bars rate regulation in the BEAD program by forcing "a $30 per month mandate on all states that participate,” Norquist and the others wrote in a letter to Republican leaders released Thursday. NTIA is instead instituting a “price fix by proxy” that rejects state BEAD applications "until the desired price point is included,” they added. The rate regulation opponents cited NTIA’s rejection last year of the Virginia Office of Broadband’s Volume 2 application “because ‘the low-cost option must be established in the Initial proposal as an exact price or formula.’” Virginia “has proposed multiple compromises between their desired market-driven approach to middle class affordability and NTIA’s preferred $30 per month mandate, but all have been rejected,” Norquist and the others told the GOP lawmakers, including House Commerce Committee Chair Cathy McMorris Rodgers (Wash.) and Senate Commerce Committee ranking member Ted Cruz (Texas). “NTIA may try to hide behind the fig leaf of state-level cut-outs, but their repeated rejections of reasonable alternatives betray their agenda,” the letter said. NTIA’s actions are “a direct violation of federal law” and run counter to Administrator Alan Davidson’s promise during a December House Communications Subcommittee hearing (see 2312050076) “that his agency would not require rate regulation” of BEAD participants. House Commerce Republicans renewed their rate regulation concerns to NTIA later that month (see 2312180063). NTIA didn’t immediately comment.
Comments are due May 6 for the FCC’s biennial 21st Century Communications and Video Accessibility Act report to Congress, said a Consumer and Governmental Affairs Bureau public notice in docket 10-213 Thursday. The agency is seeking comment on accessibility topics including internet browsers in mobile phones, the extent of barriers to accessibility in telecom, and the effect of CVAA enforcement on innovation. The PN is focused on whether there was progress on matters highlighted in the 2022 report (see 2210120059), such as accessibility to advanced communications services for Braille readers and apps that allow those with hearing or speech impairments to make phone calls. The PN also calls for updated information on accessibility for systems that allow remote work and remote healthcare. “Since our last biennial Report to Congress, accessibility needs have evolved, and we anticipate that this year’s report will highlight specific accessible devices and services, as well as those that may need improvement in this area,” the PN said.
The House Commerce Committee on Thursday unanimously passed legislation (see 2403050051) that could lead to a U.S. ban on the popular Chinese-owned social media app TikTok. The legislation is poised for floor action after gaining public support from House Speaker Mike Johnson, R-La., on Thursday.
It’s unconstitutional for Washington state to tax federal Lifeline reimbursements, the Washington Supreme Court unanimously decided Thursday. Siding with T-Mobile subsidiary Assurance Wireless, the state’s high court reversed a lower court’s opinion because it found that the Universal Service Administrative Co. (USAC) is the FCC’s instrumentality and thus immune from state taxes.
The FCC proposal that video subscribers get rebates for programming blackouts due to retransmission consent negotiation loggerheads "looks to be a fool’s errand that may end up doing more harm than good," International Center for Law & Economics Senior Scholar Eric Fruits blogged Wednesday. The FCC commissioners adopted a retransmission consent blackout rebate NPRM 3-2 in January (see 2401100026). Fruits said the idea might seem fair, as consumers shouldn't pay for programming they can't access. However, he said, it's unclear what party -- programmers or multichannel programming video distributors -- is more responsible for blackouts. Yet the proposal indicates the FCC thinks MVPDs are to blame, he said. That could bolster cord cutting and incentivize MVPDs offering lower compensation to broadcasters to offset the rebate costs, hurting smaller or local programmers that rely on retrans fees, he said.
The numerous testimonials from local residents and public officials supporting the renewal of Fox's TV station WTXF Philadelphia “stand in stark contrast” to the “continued stunts” of the Media and Democracy Project, Fox said in an ex parte filing posted in docket 23-293 Wednesday. FCC rules require the agency to consider "four specific categories of non-FCC conduct" as relevant to the character of a licensee, “none of which pertain to anything alleged by MAD,” Fox said. Those categories are criminal convictions, mass-media antitrust violations, crimes involving false statements to other government entities, and “egregious” misconduct. MAD’s recent request that the FCC grant it access to nonpublic court documents related to defamation cases against Fox (see: 2403040080) to bolster its arguments shows that MAD admits it hasn’t adequately made its case, Fox said. “Whether ‘bolster[ed]’ or not, such allegations are irrelevant to this proceeding,” Fox said. “Put simply, there is no justification for continued delay, and the Commission should move swiftly to conclude this proceeding by granting Fox 29 Philadelphia’s license renewal application.” MAD didn’t comment.
The FCC Wireline Bureau wants comments by March 26, replies April 9, in docket 19-126 on a coalition request for amnesty for certain Rural Digital Opportunity Fund and Connect America Fund II recipients, a public notice Tuesday said (see 2402280078). The coalition, which included nearly 70 ISPs, trade associations, state and local officials, and school districts, sought an amnesty period for support recipients "who cannot or do not intend to build their networks, a very short and expedited amnesty period of no more than a month that allows them to relinquish all or part of their winning areas without being penalized to the full extent that the commission’s rules provide."
The FCC Public Safety Bureau approved a waiver allowing Quincy, Massachusetts, to use nonpublic safety frequencies 470.3 and 473.3 MHz in its public safety radio system. “The requested frequencies are considered interleaved because they are situated in between part 22 and part 90-designated spectrum bands, but they are not assignable to users under either part,” the bureau said. Quincy says there has been a significant increase in new buildings in the city and the additional channels will give it “added channel capacity for use as a fireground channel to address emergencies in the new buildings, or for use as an operations channel to coordinate evacuation of residents, or as a rapid intervention team channel to deal with a firefighter ‘MAYDAY,’” said the Wednesday order.
The FCC Wireline Bureau Wednesday approved AirVoice Wireless' revised compliance plan to continue providing Lifeline service, said a notice Wednesday in docket 11-42. AirVoice submitted a modification reflecting "an internal reorganization” and its acquisition out of bankruptcy of TAG Mobile, the bureau said.