T-Mobile's plan for a C-band auction is superior to the C Band Alliance’s proposal, the carrier said. The 180 MHz of spectrum the CBA plan makes available isn’t adequate, agency General Counsel Thomas Johnson and others from his staff heard. “The auction structure would include not only satellite operators but also earth station registrants, which would foster competition and lead to a more efficient reallocation of the spectrum,” T-Mobile said in docket 18-122, posted Friday. “An incentive auction conducted for different geographic areas provides a market-based mechanism to determine the most appropriate balance of terrestrial versus satellite use of the C-band and provides flexibility for that use to vary geographically.” A CBA spokesperson said, "Our detailed response to the T-Mobile proposal is on file at the FCC."
Big tech companies -- which just a couple of years ago could do no wrong in Washington's and the public's eyes -- today are suffering from an unprecedented change of favor, NCTA CEO Michael Powell said in an interview for C-SPAN's The Communicators that was to have been televised this weekend. The "shocking flip" since around the 2016 election is "the biggest whiplash I have ever seen in policy or public sentiment," Powell said. He said some of that reversal "is probably overdone, but all of it is overdue" since those companies have been allowed to become central in the economy without enough scrutiny. The backlash was inevitable and tech power will define antitrust issues for years to come, Powell said. It's a mistake to lump disparate companies like Apple, Amazon, Google and Facebook together given their very different businesses and approaches, and they have to be looked at case by case, he said. A breakup of any seems unlikely at least in the near future, given the legal hurdles and challenges of proving consumer harm when talking about what are often free services, he said. The tech giants' pushes into over-the-top video is leading to cord cutting at a 3-4 percent annual rate, though the legacy cable business "is not on the verge of collapse or vanishing," Powell said. But since the tech companies' primary businesses lie outside video, in areas like internet search or online retail, "They're not really our direct counterparts, they're radically different things" focused on data, he said. Long term, that means " a dramatic revolution" in how services are provided and it could be difficult to compete in some areas without access to that kind of data, Powell said. The Internet Association didn't comment Friday. Powell said all video providers need to be "harmonized" under an overall regulatory philosophy by Congress. He said the differing approaches and rules regimes for legacy providers and new competitors is "an accident of history," with the regulatory structure easily gamed against legacy providers. Asked if video is on the way out, Powell said "the centrality of internet is what's on its way in." And though the video part of the business is "in transition," the industry's 10G initiative (see 1901070048) "is a pretty big statement" of confidence in cable's longevity, he said.
Action is coming on the 5.9 GHz band, FCC Commissioner Mike O’Rielly promised attendees at a Wi-Fi event Wednesday evening, hosted by the Wi-Fi Alliance and Broadcom. The band is allocated to dedicated short-range communications (DSRC) technology, which automakers have been slow to deploy and the commission since 2013 has been looking at sharing with Wi-Fi (see 1301160063). O’Rielly and Commissioner Jessica Rosenworcel said last month they favor a broad-based Further NPRM looking at the future of the band (see 1902140057). Chairman Ajit Pai has declined to offer a timetable, saying the band raises some tough issues. “I don’t want to give anyone the impression that we’re abandoning 5.9,” O’Rielly said Wednesday. “That is a high priority for me. … We’re going to see something on 5.9 in the very near future.” O’Rielly said the FCC shouldn’t wait. “We can’t let the 75 MHz at 5.9 sit there and stagnate for another 20 years, counting on something that’s probably not coming,” he said. The FCC faces big challenges on unlicensed use of the 6 GHz band, the subject of a recent rulemaking (see 1903180047), O’Rielly warned. He said branding a new generation of technology as Wi-Fi 6 makes sense: “Simplifying that is very helpful to everybody.” Wi-Fi Caucus Chairs Reps. Bob Latta, R-Ohio, and Jerry McNerney, D-Calif., stressed the importance of Wi-Fi in brief remarks. McNerney said getting the 6 GHz band reallocated for Wi-Fi and other unlicensed will require a “big lift,” but “that’s what tech lives for, is big lifts.” There are “big benefits” to Wi-Fi, McNerney said. “It’s going to connect people,” he said. “It’s going to make businesses thrive in my district. … It’s going to put students in touch with their educational material.” Latta said if people don’t have broadband and access to Wi-Fi, they’re “way behind … you’re not even in the game.”
FCC Chairman Ajit Pai and Commissioner Jessica Rosenworcel are slated to testify at an April 3 House Appropriations Financial Services Subcommittee hearing on the agency's FY 2020 budget request, the Appropriations Committee said Wednesday. President Donald Trump's administration proposed more than $335.6 million for the FCC and its Office of Inspector General, with $11 million allocated to OIG (see 1903180063). The hearing begins at 1:30 p.m. in 2362-A Rayburn. It will be Pai's first appearance at a House hearing since Democrats regained the majority in the chamber in January. House Democrats flagged more-critical FCC oversight as likely under their majority (see 1811140055). The House Communications Subcommittee “absolutely” wants to fulfill its promise for more regular FCC oversight hearings, but “it's just a matter of getting it in the queue” given Commerce Committee other priorities, subcommittee Chairman Mike Doyle, D-Pa., told reporters Wednesday. Doyle wants get House passage of his Save the Internet Act net neutrality bill (HR-1644) “out of the way” before he moves on to FCC oversight and other priorities. A House Commerce markup of the measure is expected next week, and House floor consideration the week of April 8 (see 1903180068 and 1903260064). “That's taken precedent” over FCC oversight and the 35-day partial government shutdown that ended in January (see 1901160031) is also continuing to “put us behind where we want to be,” Doyle said.
Librarian of Congress Carla Hayden appointed Karyn Temple as register of copyrights, which she has held in an acting role since October 2016. Temple “has done a superb job ... leveraging her skills as both a copyright lawyer and accomplished manager,” Hayden said Wednesday. Hayden in 2016 essentially ousted then-Register Maria Pallante, which drew the ire of Senate and House Judiciary Committee leadership (see 1706090050). Leaders unsuccessfully attempted to pass a bill that would have made the register a president-appointed position.
The Commerce Department has 13 recommendations on spectrum policies and regulation to make the U.S. more competitive in space. Tuesday's report said space operations must be protected from harmful interference, and frequencies should be assigned in a manner that “recognizes satellite operations are essential for space commerce innovation, competitiveness, and economic growth.” Commerce stresses the importance of global harmonization of space frequencies: “Spectrum policy must balance in future allocations the rising demand for service with the availability of new technologies that significantly enhance spectral efficiency.” It urged a “streamlined” licensing process for satellites. “The Trump Administration recognizes that a healthy satellite industry, equipped with sufficient access to radio frequency spectrum, is essential to the global competitiveness of the United States space sector,” the document said. The Satellite Industry Association applauded the report. “The commercial satellite industry is going through a remarkable industry transformation,” said President Tom Stroup. “Thanks to … industry leadership and innovation, today’s space industry is growing at a tremendous rate.”
Nick Alexander's title at CenturyLink is vice president-federal regulatory affairs (see 1903210041).
The FTC voted 5-0 to issue orders to Google, AT&T, T-Mobile, Verizon, Comcast and related entities, initiating a study on broadband provider collection and sharing of user data. The study, authorized by Section 6(b) of the FTC Act (see 1903200073), allows the agency to collect internal information from the companies. The study will help the agency “better understand Internet service providers’ privacy practices in light of the evolution of telecommunications companies into vertically integrated platforms that also provide advertising-supported content,” the commission said Tuesday. Orders were sent to AT&T, AT&T Mobility, Comcast (dba Xfinity), Google Fiber, T-Mobile, Verizon and Cellco Partnership (dba Verizon Wireless). The agency is seeking details on what personal data is collected about users and their devices; how long the data is retained and if it’s shared with third parties; and whether the data is aggregated, anonymized or de-identified. The FTC also requested copies of the companies’ notices and disclosures to consumers about data collection practices; information on whether consent is offered and obtained; and processes for allowing user control of data. The companies didn’t comment.
FCC Chairman Ajit Pai is continuing his "Digital Opportunity Tour" this week with a visit to California. It includes touring agricultural tech programs and meeting farmers and "innovators" in Woodland and Clarksburg, speaking at Enterprise 2019 in Half Moon Bay and attending a Lincoln Network event in San Francisco.
The Supreme Court heard argument Monday on whether it should affirm an appellate court ruling that a litigant in a private junk fax lawsuit can't attack validity of an FCC order that could have been challenged under the Hobbs Act when issued. The U.S. solicitor general urged the Supreme Court to affirm (see 1902150058) the appellate court’s order, in PDR Network v. Carlton & Harris Chiropractic, No. 17-1705. PDR claimed a 4th U.S. Circuit Court of Appeals Hobbes Act ruling effectively stripped a district court of jurisdiction to review an FCC "unsolicited advertisement" decision under the Telephone Consumer Protect Act (see 1901090045). Carlton & Harris sued PDR after receiving a fax advertising a digital version of a physician's reference book. The most “startling comment” in the 4th Circuit's opinion in this case is, "We need not harmonize the FCC's rule with the underlying statute,” said Carter Phillips, who argued the case for PDR. “I would have thought, in any ordinary instance of judicial review of administrative agency decision-making, that's a statement that ought to leap out off the page,” he said, according to the official transcript. Justices appeared skeptical of PDR’s arguments. “Isn't it enough that you can seek reconsideration of the FCC determination prior to the application of the order to you?” asked Chief Justice John Roberts. “Presumably, the agency will deny it, but then you'd get judicial review at that point.” PDR could “go to the agency” and say “we don't think we're violating your order,” said Justice Sonia Sotomayor: “'Are we or aren't we?' You could have done that.” In separate TCPA litigation, the 9th Circuit reversed a lower court's summary judgment in favor of defendant student loan guarantor USA Funds. The 9th Circuit ruled Friday a jury could hold the guarantor vicariously liable for alleged TCPA violations by debt collectors it hired, given questions about whether USA ratified the debt collectors' calling practices (docket 17-55373). The court remanded the case to District Judge Janis Sammartino of San Diego for further TCPA proceedings. Judge Dorothy Nelson wrote the opinion, joined by Judge William Fletcher; Judge Jay Bybee dissented, disagreeing whether there was a material issue of fact about ratification.