C-Band, Kidvid on July FCC Agenda; National Cap Isn't
The FCC July 12 agenda will tackle C-band spectrum for 5G, an NPRM on children’s TV rules as expected (see 1806180055), and false emergency alerts, but not the national TV ownership cap, said industry attorneys and Chairman Ajit Pai's blog. Though the FCC was seen last week as aiming to take on the cap in July (see 1806140055), the agency is now seen as shooting for the August commissioners’ meeting. “It’s imperative that we remain at the front of the pack,” for 5G, Pai said. The July meeting also will include proceedings on nationwide number portability, 800 MHz spectrum and handling of formal complaints, he wrote.
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Pai billed 5G and the C-band NPRM as the headline. He said the FCC will act on an NPRM on the 6 GHz band in the fall. Carriers view the mid-band as important workhorse spectrum for 5G. Pai said last month the C-band NPRM was on its way (see 1805230031). Since then, indications are resistance is likely from satellite operators, broadcasters and carriers, all with operations in 3.7-4.2 GHz (see 1805310058 and 1806180008). Sharing is becoming the new norm, with exclusive use spectrum increasingly difficult to find (see 1806200067).
“Other countries are looking at this spectrum neighborhood as a prime resource for deploying 5G, and the United States is moving forward here as well,” Pai said. “In response to a Notice of Inquiry we initiated last summer, stakeholders have come up with a number of creative ideas for making better use of 3.7 to 4.2 GHz.” The NPRM “seeks more detailed feedback on those ideas that merit further exploration.”
The agency is considered eager to move past the national cap issue and Sinclair buying Tribune, said industry and former FCC officials. Though it isn't clear what the FCC might do to the cap, proposals that would be favorable to Sinclair/Tribune as currently constructed -- such as removing the cap entirely -- aren’t seen having much support within the agency, said broadcast industry officials. Action that eliminates the UHF discount but retains a national ownership cap could cause the deal to break up, a broadcast lawyer said. Sinclair CEO Chris Ripley said last week the deal could be altered to comply with a 50 percent cap (see 1806140055).
Kidvid Revamp
The NPRM on making kidvid rules more flexible is expected to incorporate ideas advanced (in January and April) by Commissioner Mike O’Rielly, said Pai. “Commissioner O’Rielly has developed a number of proposals for updating these regulations to better match today’s video marketplace,” Pai said.
The NPRM is expected to tentatively conclude broadcasters should be allowed to satisfy kidvid requirements with content that is less than 30 minutes long and file only annual reports, and that noncommercial stations will no longer have to display the E/I (educational/informational) symbol, an official told us.
The item would seek comment on allowing kidvid requirements to be satisfied with content aired solely on multicast channels, and include open questions about making the requirements for when that content is aired more flexible, said industry and agency officials. Under current rules, multicast content can satisfy only a portion of kidvid requirements, said Pillsbury Winthrop's Lauren Lynch Flick. Allowing the requirements to be completely satisfied with multicast channels could ease the burden for broadcasters dealing with kids content pre-empted by sports, which can cause complicated scheduling problems, she said.
Common Sense Policy Counsel Ariel Fox Johnson said kidvid advocates don’t want changes to the rules to reduce the reach of broadcast children’s TV. Though O’Rielly suggested youth now have many alternatives to broadcast kids' shows, advocates said the rules should protect access for families without broadband or MVPD service. Though kidvid is considered contentious, O’Rielly’s office says it's seeking bipartisan approval for the eventual rule changes.
“American children of all income levels and in all zip codes should also be able to view educational television programming without being bombarded by advertisements," said Sen. Ed Markey, D-Mass, in a statement. “I plan to closely review these proposed changes to the Kid Vid rules and will oppose any efforts to weaken them.”
Other Items
The FCC also will consider an item responding to the January false alert of a possible ballistic missile headed for Hawaii that caused panic there (see 1801160054). The Public Safety Bureau released a report in April (see 1804110064) and the FCC is ready to take further action, Pai said.
An order “would enable state and local officials to conduct more effective Emergency Alert System testing and public outreach, which can better prepare officials and their communities for actual emergencies,” Pai said. “The proposal would invite public input on specific ways to help guard against and address false emergency alerts and to help ensure the reliable delivery of wireless emergency alerts to subscribers’ phones.”
FCC members will look at streamlining rules for the 800 MHz cellular band, Pai said. An official told us the item would examine outdated rules.
Pai said number portability regulation had not keep pace with technology. He said allowing people to keep their phone numbers when they switch carriers "has been great" for consumers, businesses and competition, but it has been applied only locally. "You can’t necessarily keep your number when you move farther away," he said: "Fixing this problem isn’t simple, but we’ll vote on July 12 on preliminary steps to achieving nationwide number portability," or NNP. Calling the changes "pretty technical," he said the FCC "would give carriers greater flexibility in how they route calls and would forbear from applying outdated dialing parity rules to competitive carriers," the "first steps" toward NNP. The North American Numbering Council recently recommended a new inquiry (see 1806080025).
Commissioners will weigh possible changes to the way the agency handles “procedural rules for formal complaint proceedings” administered by the Enforcement Bureau, Pai wrote. They will vote on an order that would “streamline and consolidate” rules for processing complaints on “pole attachments, disability access, and other topics” and apply a shot clock, Pai wrote. The order stems from a September proposal on harmonizing such complaints (see 1709180057)