Tech advocacy group OpenPolicy told FCC staff a robust attestation process is critical to a successful cyber trust mark program for smart devices (see 2311130034). “The success of the Mark, and achieving its goal to support consumers’ trust, requires scaled, automated compliance approaches that leverage advanced technologies and cyber monitoring, to ensure alignment of the product with the underlying regulatory controls, throughout the product life,” said a filing posted Thursday in docket 23-239. Group representatives met with aides to Chairwoman Jessica Rosenworcel and Commissioner Nathan Simington.
Verizon representatives presented the company's positions on a proposed 5G fund in calls with FCC Wireless Bureau and Office of Economics and Analytics staff, a filing posted Friday in docket 20-32 said. The FCC should maintain a $9 billion budget, as proposed in 2020 (see 2310240046), “but consider shifting part of the budget from the Phase I auction to the Phase II auction,” the filing said: Define eligible areas as those lacking unsubsidized outdoor stationary 7/1 Mbps 5G coverage “based on the broadband data collection map at the time of the auction,” and “adopt clear procedures for verifying funding recipients’ compliance with deployment obligations.” Providers should have a choice “to what extent” open radio access network technologies are part of their builds, Verizon said.
The National Association of State Utility Consumer Advocates urged the FCC to move forward with its Further NPRM on direct numbering access. Commissioners adopted the item in September (see 2401020055). NASUCA backed expanding requirements for existing authorization holders, it said in a letter posted Friday in docket 13-97. There are "serious abuses of our numbering resources and a need for additional oversight of the processes and procedures involved in the use of our nation’s telephone numbers." In addition, the group encouraged that the FCC "explicitly prohibit the temporary rental of outward dialing telephone numbers."
Ligado's takings complaint against the federal government (see 2310130003) mistakenly treats its L-band license as company property, contrary to legal precedent, DOJ said in a motion to dismiss last week (docket 23-1797). Moreover, DOJ said Ligado's complaint before the U.S. Court of Federal Claims, asserting the government is unlawfully trying to preclude the company from using its FCC-granted L-band license, doesn't allege authorized government action that could give rise to takings liability. In addition, DOJ said the federal claims court lacks jurisdiction and Ligado hasn't identified authorized government action precluding the company from actually using its modified license. Ligado can't plead the license lost all value, as it still authorizes mobile satellite service use. Moreover, the company can't claim any economic loss is permanent, said the motion. Ligado emailed Friday that as it set out in its lawsuit, "government officials deliberately deprived [it] of its rightfully licensed property, and the government must be held accountable. This attack on an American business by the world’s most powerful institution is contrary to the rule of law and antithetical to the government’s years-long support for the deployment of 5G technology as a vital national priority. We worked diligently and in good faith with government agencies to find a fair resolution but were left with no choice but to pursue litigation to defend our interests."
A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit pressed Consumers' Research Friday on its challenge of the FCC's Q2 2023 USF contribution factor (case 23-1091). During oral argument, judges also questioned the group and the FCC about Universal Service Administrative Co. calculations to determine quarterly factors and definition of universal service (see 2401100044).
An FCC draft order on collecting broadcaster workforce diversity data using form 395-B has three votes but may not be approved until next week or later under the agency’s “must vote” procedures, industry officials told us. The draft equal employment opportunity item would make broadcaster diversity data publicly available in an online portal and includes a Further NPRM on extending the rules to cable, industry officials told us. “Broadcasting has such a great influence, it is essential that any hint of discriminatory intent or impact” be considered when assessing a broadcaster’s qualifications to hold a license, said Multicultural Media Technology and Internet Council Senior Adviser David Honig, a longtime supporter of the EEO proposal.
Telephone and Data Systems and UScellular stock prices rose Friday after T-Mobile Chief Financial Officer Peter Osvaldik said his company was eyeing UScellular. The boards of TDS and UScellular are exploring the future of the carrier and “strategic alternatives," the companies said in August (see 2308070043). TDS was up 5.85% to $20.08 Friday, UScellular 3.26% to $46.51.
FCC commissioners announce staff changes: Sanford Williams moves from special adviser to deputy chief of staff in Chairwoman Jessica Rosenworcel’s office; Arpan Sura, from Wireless Bureau, becomes legal adviser to Commissioner Brendan Carr; Milla Anderson, from office of Rep. Ann McLane Kuster, D-N.H., named policy adviser to Commissioner Geoffrey Starks; and acting staffers in Commissioner Anna Gomez’s office taking permanent spots are Deena Shetler as chief of staff-legal adviser for media and international, Edyael Casaperalt as legal adviser for wireless, public safety and consumer protection, Hayley Steffen as legal adviser for wireline and space, Harsha Mudaliar as policy adviser for media and tech and Anna Holland, as executive assistant.
Longtime First Amendment lawyer Floyd Abrams is supporting the campaign against a license renewal for Fox station WTXF Philadelphia (see 2310100068). Abrams is known for defending newspapers and broadcasters against the government in high-profile cases such as the New York Times' litigation over the Pentagon Papers. “Broadcasters do have considerable First Amendment rights -- a good deal of my career has been devoted to seeking to establish just that -- but ... repeated distortion of information that is broadcast about a forthcoming election is precisely what a broadcaster may not do and that the Commission may consider in determining whether license renewal is appropriate,” said Abrams in informal comments filed with the FCC. Former FCC Chairman Alfred Sikes and former Weekly Standard editor William Kristol are also part of the campaign, which the Media and Democracy Project and former Fox and Disney executive Preston Padden are spearheading. Senate Commerce Committee Ranking Member Ted Cruz, R-Texas, denounced the effort, and the FCC has received letters supporting WTXF from public officials and organizations, including former Undersecretary of the Army Patrick Murphy, the African-American Chamber of Commerce for Pennsylvania, New Jersey and Delaware, and the Democratic chairwoman of the city’s delegation to the state House. Padden Thursday also filed comments calling on the agency to include in its record a recent New York State Supreme Court ruling denying Fox’s motion to dismiss a defamation claim from voting machine company Smartmatic. “The Media and Democracy Project petition to deny the license renewal of WTXF-TV is frivolous, completely without merit and asks the FCC to upend the First Amendment and long-standing FCC precedent,” said Fox. “WTXF-TV / FOX 29 News Philadelphia is one of the finest local news stations in the country, broadcasting over 60 hours of local news and locally produced programming every week, and has tremendous broad political and community support.”
The 5th U.S. Circuit Appeals Court granted the Schools, Health & Libraries Broadband Coalition's unopposed motion for leave to intervene on the FCC’s behalf in opposing a petition seeking court review of the commission's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi service and equipment on school buses (see 2401200001). U.S. Circuit Judge Leslie Southwick signed the order Wednesday (docket 23-60641). Maurine and Matt Molak are challenging the FCC's ruling because they say it will increase E-rate program “outlays” and raise the federal universal service charge they pay as a line-item on their monthly phone bill. They also contend the ruling gives children and teenagers unsupervised social media access on school buses, and that this runs counter to the mission of David's Legacy Foundation, which advocates ending cyberbullying. The Molaks co-founded the foundation in memory of their son. The coalition argues that the Molaks’ petition, if successful, “would do great harm” to the interests of the coalition and its 300 members by “inhibiting online learning,” it said.