The “must-vote” clock on radio group Audacy’s request for a temporary waiver of FCC foreign-ownership rules is set to expire Wednesday, and FCC officials told us they're expecting its approval, though at least one Republican will dissent on what in several past proceedings has been a routine request. Audacy, which owns more than 200 stations and is the second-largest radio group in the U.S., is seeking the waiver to allow it to first complete a bankruptcy restructuring that has George Soros-affiliated entities purchasing its stock. The FCC’s Democrats have already voted the item, agency officials told us.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., is eyeing attaching her Spectrum and National Security Act (S-4207) to an end-of-year package instead of pursuing another markup attempt before Congress recesses at the end of September for pre-election campaigning. She previously eyed a potential September markup of S-4207 (see 2408150039) in hopes of resurrecting the measure after it repeatedly stalled earlier this year. S-4207 would restore the FCC’s spectrum auction authority through Sept. 30, 2029, and provide a vehicle for allocating funding for the commission’s lapsed affordable connectivity program and other telecom priorities.
The blackout of Disney broadcast networks and linear channels on DirecTV's satellite and streaming systems ended Saturday as the two reached a distribution deal. DirecTV said the agreement included the ability to offer genre-specific packages such as Disney linear networks. In addition, Disney's streaming services will be included in some DirecTV packages as will distribution rights for Disney's upcoming ESPN streaming service at no additional cost to DirecTV subscribers. DirecTV said Monday its bad-faith negotiation complaint lodged against Disney with the FCC remains active (see 2409090003).
The FCC’s Communications Security, Reliability and Interoperability Council will hold the second meeting under its new charter on Sept. 27, starting at 1 p.m., at FCC headquarters, the FCC said Monday. The group held its initial meeting June 28 (see 2406280050). Its focus this term is on AI and 6G.
The FCC’s Disability Advisory Committee will meet Oct. 18 starting at noon at FCC headquarters, the commission said Monday. The announcement confirms what had been a tentative meeting date (see 2408010050). DAC last met in May (see 2405160051).
Comments are due Oct. 17, replies Nov. 1, on whether to require a winning bidder in the 5G Fund Phase I auction to show during the long-form application process that it has obtained the consent of the relevant tribal government for any necessary access to deploy network facilities using funds from the program, said a notice for Tuesday’s Federal Register. FCC commissioners approved 4-1 a Further NPRM on tribal issues along with an order on the fund in August (see 2408290041). Commissioner Brendan Carr dissented. “In seeking comment on this issue, the Commission asks commenters to provide input on how it can best assess an applicant’s eligibility to be authorized to receive 5G Fund support for the purpose of deploying network facilities that would enable 5G mobile broadband service located on Tribal lands, while incorporating Tribal government consent into the Commission’s approval process,” the notice says.
T-Mobile and UScellular made the case why T-Mobile’s proposed buy of “substantially all” of the smaller carrier’s wireless operations, including some of its spectrum (see 2405280047), makes sense for customers. In a public interest statement on the proposed transaction, they wrote, “The Transaction will increase competition across the UScellular footprint and not result in any competitive harm.” T-Mobile has “a well-established track record of using improvements in network performance and increased capacity to deliver greater value to consumers and enhance competition." The statement was posted Monday in docket 24-286, which the FCC created last week (see 2409110059). “Customers of both companies will experience significant benefits from increased network capacity, higher speeds, and reduced congestion within the UScellular footprint,” the companies said: “UScellular customers will have the choice to switch to a lower-cost T-Mobile plan or remain on their current UScellular rate plan, all while enjoying a world-class 5G network.” The filing said the deal won’t affect T-Mobile pricing, “which is generally lower than prices for comparable UScellular plans.” It emphasizes that about 40% of UScellular subscribers live in rural markets and the buy “will result in an enhanced user experience and faster and better 5G service for the rural customers of both companies.” Nearly all of UScellular’s customer devices are compatible with T-Mobile’s network and “migration of the vast majority of UScellular customers can be accomplished almost immediately after closing via an over-the-air software update,” the filing said. Much of the data was redacted from the public filing, including estimated monthly savings for UScellular customers, the combined capacity of the network that will be available to those subscribers and the number of households expected to gain access to T-Mobile’s Home Internet service. The companies told the FCC they don’t “have an overlapping competitive presence” in 74 of the cellular market areas (CMAs) affected, which is 37% of the markets involved in the transaction. “Both before and after the Transaction, at least three nationwide facilities-based carriers (including T-Mobile) will provide competition in almost all CMAs in the UScellular footprint.” The filing comes ahead of T-Mobile’s Capital Markets Day, scheduled for Wednesday.
The FCC Wireless Bureau on Monday rejected a Competitive Carriers Association’s request for a 15-day delay in the deadline for filing reply comments on proposed handset unlocking rules. Replies remain due Sept. 23 in docket 24-186. T-Mobile, CCA’s largest member, supported the extension, but Incompas, Consumer Reports and Public Knowledge opposed it (see 2409130017). “We do not find persuasive," the bureau said, "CCA’s argument that an extension of time to file reply comments is necessary to ensure the record is ‘complete and robust.’” The bureau noted the NPRM was released July 19 and “all interested parties had adequate notice that reply comments would be due 15 days after the comment deadline.” Initial comments were filed last week (see 2409100048).
The FCC's out-of-band emissions (OOBE) limits in the PCS G Block will particularly hurt direct-to-device (D2D) real-time communications, making them unreliable in emergency situations, SpaceX said in a docket 23-135 filing posted Monday. The filing was a response to numerous questions the agency asked SpaceX about its proposed supplemental coverage from space service (see 2409100042). It said its design and operational strategies for orbital debris haven't changed since its previously submitted orbital debris mitigation plan. Moreover, SpaceX said it will ensure its operations won't hurt those of crewed space stations because it will avoid ongoing, nominal operations between altitudes of 385 km and 430 km. SpaceX said it can comply with the agency's OOBE limits only by suppressing its satellites' in-band transit power "and by extension the coverage, throughput, and reliability of supplemental coverage for American people." It said the limits "'will also needlessly delay deployment of realtime emergency communications -- including 911 calling" and necessitate deployment of more capacity to make up for the throughput and coverage limits. The OOBE limits are "nearly ten times more restrictive than necessary for operations in the PCS G Block," SpaceX said, noting it has deployed more than 190 D2D satellites.
Various consumer groups filed Monday in support of the FCC’s proposed handset unlocking mandate (see [Ref:2407180037). “A uniform approach applied across the industry will address this inconsistency, enhance competition, and create regulatory parity,” said a letter in docket 24-186: “A standard should be set after a close review of the record in this matter and with careful consideration of the impact of any obligations adopted by the Commission on various wireless industry segments.” Among the groups endorsing the filing were the 60 Plus Association, the American Consumer Institute, the Institute for Policy Innovation and the Institute for Technology and Network Economics. They called for a “common-sense” approach.