As the FCC sees increased dissent votes by Republican minority commissioners, those dissents frequently challenge agency authority. That's becoming a more common line of argument among GOP commissioners across federal regulatory agencies, often based on the U.S. Supreme Court's major questions doctrine, administrative law experts tell us. Republican commissioners and former commissioners say dissent votes are a reflection of the Democratic majority pushing partisan issues. Commissioner Nathan Simington in a statement said he is "disappointed that the Commission is now focused on misguided, partisan items, but I remain hopeful that we can continue making progress on real, non-partisan solutions to long-standing technical issues."
FCC Commissioner Brendan Carr announces Arpan Sura, from the Wireless Bureau, as legal adviser (see 2401040043) … Pierson Ferdinand tech-focused law firm launches, with more than 130 partners representing 80-plus practices areas including partners, all from FisherBroyles: Rachel Huffstetler and Keats Quinalty, both intellectual property; Adam Ettinger, chief technology officer; Vincent Bushnell, cyber risk, privacy and data Security; Jed Davis, Charles Geitner and Dan McGuire, cybersecurity and privacy; Maryam Meseha, cybersecurity and data protection; and Tony Onorato, cybersecurity, cyber risk and data breach … Brent Skorup announces he’s left George Mason University's Mercatus Center to become a research fellow at the Cato Institute's Levy Center for Constitutional Studies.
The limited intent of the FCC Space Bureau grant allowing SpaceX to conduct supplemental coverage from space (SCS) operations over the G block (see 2312050029) is gutted by the thousands of SpaceX satellites involved, Dish Network said in a docket 23-135 reconsideration petition posted Wednesday. "At 10 days for each satellite, the authorization would be for the equivalent of centuries," Dish said, adding that the intended limits don't place meaningful boundaries on SpaceX's operations. It urged the grant be deferred or discontinued or limited to a sample of 10 SpaceX satellites. In a separate filing in the docket, Dish and new parent EchoStar (see 2401020003) called Omnispace's interference analysis of the 990-1995 MHz band (see 2310230035) "worthy of study." SpaceX launched its first batch of SCS-dedicated satellites this week (see 2401030032). It didn't comment Thursday on Dish's petition.
Comments are due Feb. 5, replies March 5, concerning the FCC's proposal banning charging early termination fees for cable TV and direct broadcast satellite and mandating prorated refunds for canceled service, said a notice for Friday's Federal Register. The docket is 23-405. The FCC adopted the MVPD fees NPRM 3-2 during its December meeting (see 2312130019).
The FCC Wireline Bureau approved a transfer of control of Tennessee-based cable and fiber connectivity operator CableSouth from parent Hunt Group Holdings to Australia's Macquarie Group, according to a notice in Thursday's Daily Digest. It said that under the deal Hunt and Macquarie will each own 50% of CableSouth, with Macquarie having de facto control. CableSouth does business as SwyftFiber and SwyftConnect.
The FCC Enforcement Bureau warned two Brooklyn, New York, property owners of possible forfeitures of up to $2.3 million for allegedly hosting pirate radio stations, said Enforcement Bureau letters in Thursday’s Daily Digest. The notices to property owners 70 Rockaway Parkway and RAAV 2617 LLC formally notify them of illegal broadcasting that EB field agents found. They demand proof that the transmissions have ceased and request that the unauthorized broadcasters be identified. Entities that allow third parties “to engage in so-called 'pirate radio' broadcasting on their property can face significant financial penalties,” the letters said. Property owners have 10 business days to respond.
An ATSC 3.0 set-top receiver made by ADTH is available on Walmart’s website, a release from the Advanced Television Systems Committee’s spokesperson said Thursday. The ADTH NEXTGEN TV set-top receiver costs $89.99, according to the website. It's the cheapest ATSC receiver in the pipeline, the ATSC spokesperson told us. We searched; the cheapest 3.0 TV we found on the NextGen TV device shopping guide -- a Sony 43-inch -- carried a $599.99 price tag. The FCC and Chairwoman Jessica Rosenworcel have repeatedly emphasized concerns about the availability of low-cost ATSC 3.0 receivers (see 2307130057). Walmart’s website also sells a Silicon Dust 3.0 set-top receiver at $199.99, but the spokesperson said the Silicon Dust device is not currently compatible with the digital rights management encryption used by some ATSC 3.0 broadcasters. The ADTH receiver is. ADTH's is the “first certified and security verified device,” the release said. Multiple online campaigns are calling on the FCC to bar broadcasters from encrypting their 3.0 signals with digital rights management (see 2307110073) because they believe it favors certain manufacturers and runs counter to broadcasting's traditional free availability. The issue is a focus of the NAB-run, FCC-involved ATSC 3.0 task force, the Future of TV Initiative (see 2311160064). CES 2024 will include the ADTH model and several other low-cost receivers, the ATSC spokesperson told us.
The Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector is reviewing RGTN USA's direct number access authorization request, said a DOJ letter to the FCC posted Wednesday in docket 23-335. An interconnected VoIP provider, RGTN requested numbers in California, Florida, Georgia, Illinois, Iowa, Massachusetts, New Jersey, New York, North Carolina, Ohio, Pennsylvania and Texas (see 2309210055). The agency will notify the FCC when its initial request for information is complete and the 120-day initial review can begin, the letter said.
Dish Network offered additional details to the FCC on its comments supporting an NPRM asking about revised spectrum aggregation limits (see 2311090051). The screen should “take into account spectrum contiguity, and should structure clear and effective presumptions and divestiture remedies to avoid harm to competition and consumers for transactions that would exceed one of the screens,” said a filing posted Wednesday in docket 23-319. The screen should be calculated county by county. “The county-based calculations should be rolled up not only to the Cellular Market Area (CMA) as the Commission does today, but also to all of the other basic building blocks of … licensing areas -- meaning a Partial Economic Area (PEA) basis and Basic Trading Area (BTA) basis, as applicable,” Dish said: “Divestitures should be required for the largest licensing area of these three that is implicated in a case of screen exceedance and should include additional counties not covered by that licensing area as necessary to cure the exceedance.” Dish urged providers seeking to bid for additional spectrum that would exceed the screen should "disclose such current or potential exceedances in their short-form application, and provide evidence to rebut the presumption against any acquisition that would cause the exceedance in their long-form application.”
In other comments to NTIA on an implementation plan for the national spectrum strategy, the Enterprise Wireless Alliance urged consideration of the needs of its members, who operate primarily on spectrum regulated under Parts 22, 90, and 101 of FCC rules. “These businesses are critical for meeting the day-to-day needs of the American public,” EWA said. The group appreciates the importance of commercial networks and Wi-Fi, but the strategy should “achieve a balance between those interests and the spectrum requirements of enterprise entities.” Ericsson warned, as did other industry players (see 2401030059), of a “looming licensed spectrum deficit” facing the U.S. “While the industry has suggested an allocation of 1.5-2.2 gigahertz” for licensed use “that amount is barely enough to keep the United States in the middle of the pack globally,” Ericsson said. Though the strategy identifies nearly 2,800 MHz of spectrum for study, “it does not identify an amount of spectrum to be repurposed for commercial use suitable for 5G, 6G, and beyond,” the company said. The U.S. needs more licensed, shared and unlicensed spectrum, the Information Technology Industry Council (ITI) advised. “Studies should be started and finished as quickly as possible, making sure there are adequate opportunities for the public and private sectors to weigh in, while also keeping an open mind about sharing technologies and methodologies where appropriate,” ITI said. “The Implementation Plan and its deliverables should provide early clarity regarding the study processes, methodologies, and principles for the bands under study, including their timing, inputs, and outputs. Such processes should be data-driven -- consistent with this Administration’s focus on data-based decision-making -- and increase transparency into current and future federal and non-federal spectrum use.” Wi-Fi is “an American success story” and U.S. companies lead the world “in Wi-Fi chipset production, modular radios used in other manufacturers’ finished products, and enterprise equipment,” WifiForward said. The group urged NTIA to focus on 7 GHz, the “only location available in the foreseeable future to support the Nation’s ever-growing unlicensed spectrum needs.” While other bands are studied for licensed use “there is no ‘Plan B’ for heavily used Wi-Fi services that carry the bulk of data in our homes, businesses, and community anchor institutions,” WifiForward said. The Wireless Innovation Forum (WInnForum) urged allocating spectrum “with licenses adapted towards a spectrum usage rights method that has the minimum necessary technical restrictions to provide adequate protection against harmful interference.” Optimal use of spectrum is more likely “if the market, and not the regulator, decides what technology or service should be provided in a particular frequency band,” WInnForum said.