The U.S. Supreme Court’s conservative majority appeared receptive to industry arguments that the court should overturn, or at least narrow, the Chevron doctrine, which gives agencies like the FCC and FTC deference in interpreting laws that Congress passes. The court heard oral argument Wednesday for more than 3.5 hours in two cases challenging Chevron deference, Loper Bright Enterprises v. Raimondo and Relentless v. Commerce. Both concern fishing regulations and don’t touch directly on communications regulation.
The FCC Enforcement Bureau warned property owners in Newark, New Jersey, and Brooklyn, New York, of possible forfeitures for allegedly hosting pirate radio stations, said letters Tuesday. Property owners Phalaine Vital in Newark and Royalty Realty in Brooklyn could each face a forfeiture of up to $2.3 million, the letters said. The letters demand proof that the unauthorized transmissions EB field agents found have ceased and that the unauthorized broadcasters be identified. The property owners have 10 business days to respond, the letters said.
The FCC unanimously ordered Cumulus to pay a $26,000 penalty for a late annual equal employment opportunity report, over the objections of the broadcaster and the NAB (see 2203300067), said a forfeiture order Tuesday. “Cumulus’s characterization of the requirement to upload an Annual Report to the station online public inspection file and website as a mere administrative task undermines the Commission’s goal of ensuring meaningful public input via public access to the Annual Report,” said the order. The third-largest U.S. radio group, Cumulus reported a Q3 net revenue of more than $200 million. Cumulus had argued that although the report was filed late, it was completed on time and the FCC should have merely admonished the radio broadcaster. The agency rejected that argument, and said failing to upload a completed annual report analyzing EEO activities on time is the same as failing to conduct the analysis altogether. Cumulus also said the FCC shouldn’t adjust the penalty upward due to Cumulus’s multiple past EEO violations, because those occurred before the company’s bankruptcy reorganization. The FCC rejected those arguments, noting that many of the same executives still lead Cumulus. The company hasn’t provided evidence that bankruptcy proceedings are “intended to absolve licensees of the consequences of pre-bankruptcy violations of the FCC’s rules,” the order said. Unusually for an enforcement proceeding, NAB informally filed comments supporting Cumulus, which the FCC dismissed. “NAB offers no legal or procedural basis for submitting its nonparty filing,” the order said. “More broadly, NAB urges the Commission to apply a more balanced and reasonable approach to proposed forfeitures going forward, claims that are more appropriately raised in a petition for declaratory ruling.” The FCC reduced Cumulus’s forfeiture from the originally proposed $32,000, conceding that in the past the agency hasn’t treated late filed EEO reports the same as failing to prepare one. “Although nothing in our case law suggests that such a failure does not also amount to a violation of our self-assessment rule, Cumulus may not have had the requisite notice” of that policy, the order said. “Going forward, Cumulus and all other licensees are on notice” that the FCC will consider the timeliness of posting EEO reports when it considers if stations are meeting their EEO obligations, the order said. The FCC is considering a draft EEO order that would require additional workforce diversity reporting from broadcasters (see 2312220061).
NTCA and ACA Connects urged the Advisory Council on Historic Preservation Tuesday to adopt the FCC's proposal to amend a 2017 rule simplifying the historic preservation review process for communications providers. Streamlining the review process will give providers more flexibility when seeking to deploy federally funded broadband infrastructure, the groups said in a news release. The will ensure providers can "utilize game-changing broadband funding" to "more effectively and efficiently" close the digital divide, ACA Connects President-CEO Grant Spellmeyer said. It's "critical to balance important historic preservation considerations and minimizing burdens and delays in network construction," said NTCA Executive Vice President Mike Romano.
Cable companies urged the Maine Public Utilities Commission to quickly align the state’s Chapter 880 pole attachment rules with the FCC’s December pole attachment order. The FCC order aimed at resolving disputes quicker. It takes effect Feb. 12 (see 2401110017). The Maine PUC received comments Friday on implementing a 2023 state law requiring a commission study on pole attachment requirements’ effect on broadband expansion. "Because pole replacement costs impose a significant barrier to broadband deployment, especially in rural areas, the [Maine PUC] should make similar amendments or clarifications to the Chapter 880 Rules,” Comcast and Charter Communications wrote. "While the pole replacement cost allocation approach in Section 5(C) of the Chapter 880 rules already limits, in some ways, pole replacement costs charged to attachers, the current rule is unclear and leaves room for uneconomic, inequitable, and inappropriate cost-shifting by pole owners to attachers." For pole applications and make ready, the PUC shouldn't treat municipal entities differently than private companies, the two cable companies added. The Maine PUC proceeding should seek to make the application process more efficient, ensure one-touch make-ready and self-help remedies are readily available, enforce deadlines for pole owner work and update make-ready payment obligations, commented Crown Castle and GoNetSpeed. Don't make attachers pay for system improvements that mostly benefit pole owners, they said.
Nevada, New Jersey and New York diverted about $205.4 million, or 5.3% of all 911 fee revenue, for unrelated purposes in 2022, an FCC report to Congress posted Tuesday found. The commission’s previous annual report found the same three states diverting about $198.5 million in 2021. The states used some of the revenue for public safety programs unrelated to 911; New York and New Jersey also used a portion for purposes unrelated to 911, the FCC said. Under the NET 911 Act, states must use 911 fee revenue for 911-related activities. The agency said 49 states, the District of Columbia and four territories responded to last year’s data request. Together they collected more than $3.5 billion in 2022 for 911. Idaho and the Northern Mariana Islands didn't report. New Jersey diverted 78.1% of $127.1 million collected, while fellow repeat offender New York diverted 41.7% of $254.4 million collected, said the report: It's unknown how much Nevada diverted from a $2.9 million pot. Nevada disclosed that at least two local jurisdictions diverted funding in 2022 for police body and vehicular cameras, the report said. “New Jersey and New York did not self-identify ... as diverting funds, but, consistent with previous reports, the Bureau has determined based on review of the information provided that these states diverted funds for non-911 related purposes within the meaning of the NET 911 Act.” In addition, the FCC said 44 states, D.C., Guam and Puerto Rico reported $512 million in total next-generation 911 spending in 2022. It said 37 states and jurisdictions reported having operating emergency services IP networks (ESInets). D.C., Puerto Rico and 47 states reported having text-to-911 by the end of 2022. Guam and the U.S. Virgin Islands expected to provide that capability in 2023, the report said. National Emergency Number Association CEO Brian Fontes said it's unfortunate and unacceptable that some states still see 911 revenue as a way to fund other programs. "Funds that the public pays specifically for 9-1-1 purposes should be used to ensure that 9-1-1 callers receive an effective emergency response." NENA urges states that divert funds to end the practice. Instead, they should use the money for maintaining 911 service levels and upgrading to NG-911, he said.
The American Association of State Highway and Transportation Officials urged the FCC to adopt a plan for the 4.9 GHz band based on a “decentralized structure,” with the four public safety coordinators serving as band manager. AASHTO representatives relayed this view in a conversation with an aide to Chairwoman Jessica Rosenworcel and Commissioner Nathan Simington. Opposition to a proposal by the Public Safety Spectrum Alliance to give FirstNet control “is driven partly by a reaction to [the Public Safety Spectrum Alliance] and FirstNet, but also by nervousness about a centralized, powerful band manager,” AASHTO said in a filing last week in docket 07-100. That’s a similar reaction to concerns about an earlier approach where “individual states were deemed to have too much power over the band,” AASHTO said. The FCC overrode that proposal. AASHTO is concerned that an appointed band manager “will have its own business interests and agenda, and these interests would not necessarily align with the multitude of public safety interests,” the group said.
The FCC accepted long-form applications for filing from three bidders in the 2022 2.5 GHz auction, according to a Tuesday notice by the Wireless Bureau and Office of Economics and Analytics. The three are Northern Valley Communications, Paladin Wireless and SkyPacket Networks. The agency asked for petitions to deny not later than Jan. 26, oppositions Feb. 2 and replies to oppositions Feb. 9. Under the 5G Spectrum Authority Licensing Enforcement Act, enacted in December, the FCC can issue licenses despite the expiration in March of its spectrum auction authority (see 2312200061).
An FCC order requiring providers of incarcerated people's communications products to offer access to all telecom relay services in certain jurisdictions went into effect Tuesday, according to a notice in that day's Federal Register (see 2212080063). Previously, an incorrect date was announced.
Los Angeles Mayor Karen Bass (D), Chicago Mayor Brandon Johnson (D), Fort Worth Mayor Mattie Parker (R) and more than 170 other U.S. cities' leaders urged House and Senate leaders Tuesday to “renew and extend” funding for the FCC’s affordable connectivity program, which is expected to exhaust its current $14.2 billion allocation in April. Last week, the FCC began initial steps to wind down ACP, with the Wireline Bureau declaring it would freeze new enrollments Feb. 8 (see 2401110072). Also, last week, a group of lawmakers filed the ACP Extension Act (HR-6929/S-3565) in a bid to infuse $7 billion for FY 2024 into the program (see 2401100056). ACP “has been a key tool in our efforts to eliminate the digital divide in America” since Congress first authorized it via the 2021 Infrastructure Investment and Jobs Act and it “has wide support,” the U.S. Conference of Mayors said in a letter to House Speaker Mike Johnson, R-La., Senate Majority Leader Chuck Schumer, D-N.Y., and their respective minority leaders. “From Democrats to Republicans, to rural and urban areas, to the telecommunications industry and all levels of government,” ACP “is recognized by all as successful.” Extending the program “will help close the digital divide, allow Americans to access the resources they need, and strengthen the U.S. economy to compete in the 21st Century,” the mayors said in the letter.