Bill Tolpegin, CEO of Aura Network Systems, spoke with an aide to FCC Commissioner Geoffrey Starks on the company’s 2021 request for a rulemaking on expanding the use of air-ground radiotelephone service channels between 454.675-454.975 MHz and 459.675-459.975 MHz for voice and data communications, including by drones (see 2109230049). Aura’s nationwide network “is ideally suited to meet the near-term need for spectrum for networked [command and control] services that will allow uncrewed aircraft to safely fly beyond visual line of sight in controlled airspace,” said a filing posted Tuesday in RM-11912.
The FCC Wireline Bureau wants comments by Oct. 3, replies Oct. 18, on iconectiv's request to become wholly-owned by a "to-be-formed subsidiary" of Koch Equity Development (KED). The bureau sought comment in a public notice Wednesday in docket 95-116 on whether iconectiv will still meet the commission's neutrality requirements for the local number portability administrator (LPNA). The companies also sought approval for the LNPA to be "indirectly acquired by KED" and consent to "terminate the existing Ericsson-FP-Icon Voting Trust" when the transaction closes because "neither Ericsson nor FP-Icon will have any equity interests in iconectiv post-close."
The Association of Late-Deafened Adults and Deaf Seniors of America urged the FCC to "consider certificating new entrants" of IP relay providers. In a letter Wednesday in docket 03-123, the groups backed Nagish's conditional certification, saying the "now-typical two-year conditional certification period will provide valuable information to both the commission and consumers." Nagish received its certification in January (see 2401040069). The groups noted that allowing new entrants to the IP relay marketplace will "advance innovation and functional equivalence" after "a decade of a single provider in the market and only one method" of delivering the service. IP relay is "an especially important service for individuals who are DeafBlind because IP relay is an alternative service for individuals who are unable to benefit from video relay services and IP captioned telephone services," the groups said. Current providers of IP relay and video relay services "provide no choices to users who want to speak on the phone without a human interpreter relaying the call," they said: "New IP relay providers can change this."
The House approved the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) Wednesday on a lopsided 393-22 vote. The measure would direct the FCC to establish a 6G task force that provides recommendations about ensuring U.S. leadership in developing that technology’s standards. The House originally intended to consider HR-1513 last week (see 2409060053). HR-1513 lead sponsor House Communications Subcommittee ranking member Doris Matsui, D-Calif., hailed approval of the measure. “We stand at a crossroads for the future of global innovation leadership” and the “economic and national security stakes in the race to 6G couldn’t be higher,” she said in a statement. “For the [U.S.] to stay the gold standard in wireless communications technology, we need to look forward and convene our best and brightest innovators to map the road ahead.” HR-1513 “will accelerate us down this path, making a crucial down payment on American leadership by taking steps forward as this technology evolves.” The House approved the Senate-passed Launch Communications Act (S-1648) Tuesday night on a voice vote (see 2409160056). The measure, which the Senate passed in October, and House-approved companion HR-682 would require that the FCC streamline the authorization process for commercial launches’ access to spectrum (see 2307260037).
Scott Jordan, FCC chief technologist when the commission approved the 2015 net neutrality rules, defended the latest version in an amicus brief filed Tuesday at the 6th U.S. Circuit Court of Appeals in docket 24-7000. Petitioners “consistently conflate” three different kinds of internet access service -- dial-up, cable modem and broadband, Jordan said: “Petitioners use this conflation as the basis for their assertions that all forms of Internet access service were classified as information services prior to 2015. These assertions are incorrect as a matter of fact.” Now a computer science professor at the University of California, Irvine, Jordan was an advocate of the 2023 rules (see 2404160055). Capabilities listed in the definition of information service aren't offered by broadband internet access service, Jordan said. “They are offered by applications (information services) that utilize broadband Internet access service to transmit and receive data.” Jordan drew a comparison with the era when Netflix offered movies on DVD, sent through the mail. “Petitioners’ analogies would have the Court believe that not only was Netflix an information service, but that the US Postal Service was also an information service, and that the US Postal Service offered movies ‘in conjunction with’ Netflix.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. Lawsuits added since the last update are marked with an *.
Consumer advocates said the California Public Utilities Commission should move ahead with service quality rule changes that the telecom industry says would be illegal. “The Commission has the authority and supporting precedent to impose meaningful enforcement mechanisms for its customer protection and service quality rules,” The Utility Reform Network (TURN) and Center for Accessible Technology (CforAT) said in reply comments the CPUC received Tuesday. However, telecom industry commenters said a CPUC staff proposal and consumer groups' proposed additions aren’t supported by facts, the law or policy reasons.
The Media and Democracy Project petition against Fox’s station WTXF-TV Philadelphia isn’t “remotely similar to the occasional complaints by politicians about the political slant of a particular network or channel,” said former telecom lobbyist Preston Padden in an informal filing Tuesday responding to a recent statement from FCC Commissioner Nathan Simington (see 2409130062). “There is nothing political about the MAD Petition,” Padden said, adding that Simington was "mistaken" when he implied MAD's challenge of WTXF-TV’s license renewal wasn’t in line with the First Amendment. The petition “is not about speech,” Padden said. “It is about Fox’s conduct -- its business decision -- to knowingly and repeatedly choose to present false news, rather than the truth, in order to protect its profits.” Simington and Fox didn’t comment.
The FCC’s 2018 quadrennial review order “reasonably” found that competition hasn’t diminished the need for the agency’s broadcast ownership rules. Moreover, the agency was within its authority to expand rules limiting broadcasters from owning multiple top-four network affiliates, the FCC said in a respondent's brief filed in the 8th U.S. Circuit Court of Appeals. The agency was responding to challenges of the QR order that multiple broadcasters brought (see 2407160069). Though filed Friday, the brief wasn’t public until Monday. “The record showed that despite the proliferation of non-broadcast sources of audio and video programming, broadcast radio and television remain virtually the only providers of local programming,” the FCC said. Broadcasters “provide the lion’s share of the local news and community-oriented programming that is essential to achieving the FCC’s goals of promoting localism and viewpoint diversity,” therefore justifying the retention of limits on local radio and TV ownership, the agency said. The FCC dismissed broadcaster arguments that its approach means broadcasters could never obtain relief from agency ownership restrictions even if the industry were on the brink of death. “This doomsday scenario is purely hypothetical,” the FCC said. “Neither broadcast radio nor broadcast television is currently in such dire straits.” In future Quadrennial Review proceedings, “if non-broadcast providers of audio and video services start offering more of their own local news and community-oriented programs in competition with the local programming of broadcast stations,” the FCC could revise its market definitions, the filing said. The agency expanded the top-four prohibition to include multicast channels and low-power stations to prevent broadcasters from exploiting workarounds to limits on owning multiple top-four stations in the same market, the brief said. MVPDs “have first-hand experience of the harm caused by certain broadcasters’ end-runs around the rule,” said NCTA and the Advanced Television Broadcasting Alliance in an intervenor brief supporting the FCC position. “Those end-runs cause the same public interest harms that the Top-Four Prohibition was meant to prevent and should therefore be prohibited for the same reasons.” The court should reject broadcaster arguments that the expansion of the top-four rules regulates content and violates the First Amendment, the FCC said. The rule change “targets transactions involving network affiliations that may be used to evade the local television rule, and it applies regardless of the content of programming.”
The FCC said it has opened the window for filing applications to participate in the agency’s three-year, $200 million cybersecurity pilot program for schools and libraries. It closes Nov. 1. “School districts and libraries across the country have proven to be prime targets for cyber criminals” and “vulnerabilities in the networks are real -- and growing," FCC Chairwoman Jessica Rosenworcel said Tuesday. “Through this pilot program, we’ll have a chance to better understand what equipment, services, and tools will help protect school and library broadband networks from cyberthreats,” she said. Commissioners approved the program 3-2 in June with Commissioners Brendan Carr and Nathan Simington dissenting (see 2406060043).