Hotwire Communications asked the FCC to abandon its proposal for banning bulk billing arrangements between ISPs and apartment buildings (see 2403050069). Hotwire noted in an ex parte filing posted Tuesday in docket 17-142 that it discussed with Wireline Bureau staff challenges consumers faced when they attempted to apply their affordable connectivity program benefit to a service offered through bulk billing. The company said the difficulties are due to "flaws in the ACP rules," suggesting the FCC amend its rules to "facilitate greater use of ACP discounts where bulk billing arrangements are present" should the program be replenished. Hotwire also asked the commission to consider the item during a commissioners' meeting. "This would enable the public to review and provide input on the draft rulemaking for three weeks prior to the vote," Hotwire said.
An FCC order modifying certain administrative and reporting requirements for the USF high-cost program takes effect May 10, said a notice for Wednesday's Federal Register. Commissioners adopted the item in October (see 2310190056).
Some Minnesota lawmakers want to craft a net neutrality law even as the FCC prepares to vote on restoring federal open-internet rules. At a Tuesday meeting, the legislature’s Senate Commerce Committee laid over a bill (SF-3711) banning state contracts with companies that violate open-internet rules. While the action indefinitely postponed further Senate action on the measure, the proposal remains part of a pending House Commerce Committee omnibus (HF-4077). Also at the Senate Commerce hearing, members postponed action on a social media bill and advanced legislation meant to stop copper theft.
Broadcasters attending the 2024 NAB Show in Las Vegas will focus on exploiting and guarding against the latest advances in artificial intelligence, on making the now 7-year-old transition to ATSC 3.0 finally pay off, and on surviving an unfavorable regulatory landscape, industry officials told us. “We’ve been building out the service; now it’s put up or shut up time,” said Gray Television Senior Vice President Rob Folliard of ATSC 3.0. The show kicks off Saturday at the Las Vegas Convention Center.
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."