Connecticut low-power TV broadcaster Radio Communications Corp. (RCC) seeks “expedited consideration” of its Jan. 10 petition for review to overturn the FCC’s Dec. 12 order implementing the 2023 Low Power Protection Act (LPPA), said RCC's emergency motion Tuesday (docket 24-1004) at the U.S. Court of Appeals for the D.C. Circuit. The LPPA allows certain LPTV stations to upgrade to Class A status (see 2401180075), RCC also requests a stay of the FCC order and expedited case processing should a stay be entered, said the motion. The FCC opposes the motion, and DOJ takes no position, RCC said. The company argues that the FCC order unconstitutionally restricts program content for Class A eligibility purposes, and unlawfully precludes Class A licensees from asserting cable TV must-carry rights, said the motion. The order also fails to follow the LPPA’s “direction” to protect LPTV stations, it said. The stay, expedited review, and summary reversal are warranted, it said. Expeditious consideration is required because the FCC “announced the imminent commencement of the one-year LPTV license upgrade filing window under the LPPA to change station class from LPTV to Class A “with the same license terms as full power TV stations,” it said. But the FCC order “precludes RCC from filing an LPPA Class A upgrade application,” said the motion. Absent expedited consideration of its petition, “it appears unlikely that RCC would be able to fully litigate this case, come into compliance with full power TV rules, and then timely file a Class A license upgrade application within the LPPA’s one-year window,” it said. RCC’s loss of its Class A license upgrade “filing right” causes irreparable injury because “the only opportunity to file for the economic benefits afforded during the LPPA’s one-year Class A license upgrade period will be lost forever,” the motion said. “Loss of license by displacement” will also cause irreparable injury because RCC would lose revenue and viewers, “and viewer relationships would be damaged,” it said: “Lost viewers would necessarily move on to other program content providers and that lost good will could never be recaptured even if RCC were somehow able to locate new spectrum.”
The FCC identified tentative selectees in six groups of mutually exclusive applications for noncommercial educational FM construction permits from the November 2021 NCE window, according to a unanimously approved order Wednesday. Selectees include New Hope Baptist Church in Gallup, New Mexico. The order also rescinded a previous grant of New Media Humanity Association's application at Weeki Wachee, Florida, with Call Communications Group's reconsideration petition granted and its application reinstated. Also rescinded was a previous grant for Sound in Spirit Broadcasting's application in Burlington, Iowa, with Heritage Baptist Church tentatively selected instead. In addition, the commission rescinded a previous grant for Teleamerica Communications West Palm Beach's application in Key West, Florida, tentatively selecting instead Newland Broadcasters. Petitions to deny the applications of the selectees are due 30 days after the order.
The FCC Enforcement Bureau issued 44 notices in fiscal year 2023 to owners or managers of properties where apparent pirate radio broadcasts operate, warning them of consequences, the agency said Wednesday. In its annual report to Congress required under the 2020 Preventing Illegal Radio Abuse Through Enforcement Act, the agency said 25 notices related to pirate sweeps. It said the Enforcement Bureau will continue monitoring the properties, saying pirate radio stations often stop operations temporarily and then resume. The bureau said it hired four full-time staffers in FY 2023 focusing on pirate radio and is hiring more. In addition, it ordered six mobile direction-finding investigative vehicles to support the additional staff. Those vehicles will be outfitted this year or next with specialized hardware and software for detecting pirate radio operators. The commission's online pirate radio database went live this week (see 2301240056).
The 120-day initial national security review for Element8's acquisition of AtLink Services began Tuesday, the Committee for the Assessment of Foreign Participation in the U.S. Telecom Services Sector, known as Team Telecom, said in a letter to the FCC posted Wednesday in docket 23-268. Team Telecom said it will notify the FCC if an extension or additional 90-day review is necessary. Element8, a Texas-based ISP, announced the acquisition of AtLink, an Oklahoma City-based ISP, in March for "an undisclosed sum." Element8 received a $200 million investment for the purchase from Digital Alpha, a strategic investment firm with foreign ownership.
FCC commissioners approved ahead of Thursday’s open meeting an order allowing point-to-point links to endpoints in motion in the 70 GHz and 80 GHz bands under Part 101 rules, for aeronautical and maritime users (see 2401040064). Aeronet sought changes to the FCC’s draft order (see 2401120048), which proved controversial (see 2401190040). The commission also adopted a Further NPRM seeking comment “on the addition of another type of link as part of maritime operations otherwise authorized in the Report and Order, and the inclusion of Fixed Satellite Service earth stations in the light-licensing regime for the 70 GHz and 80 GHz bands,” said a news release. The order changes the link registration process in the 70/80/90 GHz bands "to require certification of construction of registered links, which will promote more efficient use of this spectrum and improve the accuracy of the link registration database," the agency said. Also taken off the agenda, a restricted adjudicatory matter from the Media Bureau.
The FCC’s proposed cyber trust mark program for smart devices (see 2311130034) should remain voluntary, which will encourage broad participation, representatives of CTA and other groups said during a meeting with an aide to Commissioner Nathan Simington. Preemption and safe harbors “are critical to the Labeling Program’s success,” said a filing posted Tuesday in docket 23-239: The groups “urged the Commission to ensure that participation in the program operates as a safe harbor under federal law and preempts state law, both with respect to consumer protection laws and substantive cybersecurity standards.” Other groups in the meeting were CTIA, the National Electrical Manufacturers Association, USTelecom and the Association of Home Appliance Manufacturers.
American Association of State Highway and Transportation Officials representatives briefed an aide to FCC Commissioner Geoffrey Starks about concerns over the future of the 4.9 GHz band, including its opposition to a Public Safety Spectrum Alliance proposal giving FirstNet control of the spectrum (see 2401160048). In a filing posted Wednesday in docket 07-100, it said, “In response to a question about whether there are different use cases for the 4.9 GHz band, AASHTO noted that some of its members are using the band in conjunction with intelligent transportation systems and in other ways.”
The independent compliance officer (ICO) monitoring how Verizon is undertaking FCC-imposed conditions as part of the company’s Tracfone acquisition (see 2111220069) told the agency parts of the transition are still in progress. Verizon is in the midst of work on its implementation and compliance plan and is "addressing -- in some cases through remediation plans -- the ICO’s Recommendations in prior Reports relating to the Company’s Order compliance program,” a report posted Wednesday in docket 22-210 said: “However, for the most part, these enhancements and/or remediation efforts are still in progress.” The report said Verizon hasn't submitted required data narratives, data maps and other information the ICO requires. For instance, on a handset unlocking requirement “there remain instances where phones could not be activated without substantial customer service intervention” and “a significant number of customers do not receive same-day notification of TracFone’s new 60-day unlocking policy, while a smaller number do not appear to receive the notification at all,” the report said.
The Computer & Communications Industry Association (CCIA) urged the FCC to forego considering the issue of network usage fees in its net neutrality proceeding. Don't consider the "mandatory-payments issue" the European Telecommunications Network Operators’ Association suggested, CCIA said in a letter posted Wednesday in docket 2-320 (see 2401180042). The proceeding is "an inappropriate forum for that discussion." ETNO’s push for fees is "evidentiary support that network owners are well aware of their singular access to Internet users and are prepared to leverage that access into financial gain," CCIA said.
Emergency alerts would go more multilingual under a proposal on the FCC's February agenda. Chairwoman Jessica Rosenworcel teed up that and other agenda items on Wednesday. They will be released Thursday. Also on the agenda is a draft in-space servicing, assembly and manufacturing (ISAM) licensing framework, further robocalls rules, and a revisiting of wireless mics. In addition, an Enforcement Bureau item and a Media Bureau adjudicatory matter are on the agenda.