The FCC correctly decided it couldn’t retain outdated broadcast rules based on the hope that they promoted minority and female ownership, said the agency and broadcasters in replies Friday to the Supreme Court for the appeal of the 3rd Circuit’s Prometheus IV decision on media ownership (see 2012230062). The 3rd U.S. Circuit Court of Appeals’ “15-year blockade of reasonable reforms, based on its atextual policy preferences, must now come to an end,” said NAB and broadcast industry petitioners. The 3rd Circuit’s order that the FCC gather a record on the likely effect of rule changes on minority and female ownership is “untenable,” the agency said. The FCC has treated ownership diversity as a “relevant criterion,” but it isn’t given “controlling weight,” and the ownership rule changes were adopted to benefit competition and localism, the brief said. The Prometheus public interest group arguments “flyspeck” the FCC’s reasoning and ignore “the agency’s cautious approach to a complicated question on an imperfect record,” the agency said. “The judgment of the court of appeals should be reversed,” the agency said. Oral argument is Jan. 19.

FCC members revised rules for over-the-air reception devices with an eye toward spurring 5G; Jessica Rosenworcel and Geoffrey Starks concurred. Commissioners approved the OTARD NPRM 5-0 last year, but local government and real estate groups raised concerns in comments (see 1906040053). The change was sought by wireless ISPs (see 1904120027). The order, adopted Wednesday and released Thursday, provides protections already afforded to OTARD devices to “hub and relay” antennas used for the distribution of broadband-only service to multiple customer locations. The FCC requires that the antenna be installed on property exclusively used or controlled by the antenna user, where the user has an ownership or leasehold interest in the property. “By making this modest adjustment to our rule while maintaining the other existing OTARD restrictions, we place fixed wireless broadband-only service providers on similar competitive footing with other service providers,” the order said: “This rule change should allow fixed wireless service providers to bring faster Internet speeds, lower latency, and advanced applications … to all areas of the country, and to rural and underserved communities.” Outgoing Chairman Ajit Pai said it's “common sense” reform of wireless infrastructure rules. It "reflects the realities of modern network architecture, including densification of transmission equipment and siting of infrastructure closer to end users, while preserving the rights of property owners or lessees to freely negotiate the terms of antenna placements,” Pai said: “Extending OTARD protection to qualifying broadband-only antennas will remove unreasonable barriers to deployment erected by third parties, such as local zoning laws and private restrictive covenants as well as excessive permitting fees.” The order “notches yet another win in the FCC’s work to accelerate the buildout of Internet infrastructure,” said Commissioner Brendan Carr, who spearheaded wireless infrastructure changes: It makes “it easier for fixed wireless providers to install the antennas needed to expand their networks."

The FCC doesn’t plan to release drafts on the 12 GHz NPRM or the 2.5 GHz auction notice before next week’s commissioners’ meeting, a spokesperson confirmed. Chairman Ajit Pai circulated both (see 2101060061) for a vote at Wednesday’s meeting, as expected (see 2101050053). Pai also circulated a public notice announcing the first round of selections for the $100 million Connected Care pilot program. Not posting drafts is in keeping with past precedent for items not circulated by the chairman three weeks before the meeting. “Because the commission is in the sunshine period, parties are not permitted to communicate with FCC staff," said Michael Calabrese, director of the Wireless Future Program at New America. "So there is no point in encouraging attempts by making the draft public.” Lobbying focused on Commissioners Geoffrey Starks and Jessica Rosenworcel. Public Knowledge and the Open Technology Institute at New America endorsed the 12 GHz NPRM in a call with an aide to Starks, said a filing posted Wednesday in RM-11768. An "NPRM is most appropriate at this time because there has already been considerable comment in response to the [multichannel video and data distribution service] petition and because it is clear that the band is grossly underutilized, particularly in rural areas, and is a near-term candidate for the authorization of at least opportunistic and/or unlicensed access aimed at reducing the digital divide,” they said. Incompas CEO Chip Pickering told a Rosenworcel aide that member companies "potentially could use the 12 GHz Band to deploy broadband and offer competitive alternatives,” the group said. “Move forward with an NPRM to seek comment on ways in which new terrestrial broadband services can be introduced while also allowing existing services to continue to operate and evolve unimpeded,” Federated Wireless executives asked a Starks aide.

Dish Network and SpaceX disagreed about the 12 GHz NPRM on circulation (see 2012290032), in RM-11768 ex parte postings Wednesday. Dish representatives told aides to FCC Commissioners Brendan Carr and Nathan Simington that terrestrial flexible use in the band, coordinated with direct broadcast satellite providers and terrestrial broadband operators, "is readily manageable." It said an NPRM would let the FCC determine means of coexistence between satellite and terrestrial services in the band. It said approval of SpaceX's request for lower orbits for 2,824 planned satellites operating in the 12 GHz band can't come until SpaceX shows how it will satisfy the equivalent power flux density limits that protect DBS from interference. SpaceX told a Simington aide that multichannel video and data distribution service licensees' own technical studies show the mobile rights they want in the band can't coexist with incumbent operators. SpaceX allies also opposed the NPRM. Connected Nation said it could hurt investment in low earth orbit satellite broadband, "artificially limiting what could otherwise be a true game changer for rural America." North Carolina State University's Friday Institute for Educational Innovation said it "would hate to see a last minute change in spectrum policy that hinders the nascent LEO technology."

The New York Stock Exchange dropped plans to delist China Telecom, China Mobile and China Unicom (see 2101040052). The NYSE on Monday cited “further consultation with relevant regulatory authorities in connection with Office of Foreign Assets Control.” The stature of the U.S. as "an international financial hub hinges on global companies and investors trusting the inclusiveness and certainty of its rules and mechanisms," said a Chinese Foreign Affairs Ministry spokesperson Tuesday.

The FCC seeks comment on how to best distribute a $3.2 billion emergency broadband connectivity fund (see 2012210055), said a Wireline Bureau public notice Monday. Comments are due Jan. 25, replies Feb. 16, in docket 20-445. The funds are part of Congress' latest COVID-19 relief bill. Providers seeking to participate must be designated as eligible telecom carriers or approved by the commission. Eligible households will receive a discount of up to $50 monthly, those on tribal lands up to $75. "Our staff is moving quickly to stand up this program so we can quickly direct funding to consumers who need the help," said FCC Chairman Ajit Pai. Commissioner Jessica Rosenworcel said: "We need to find ways to get 100% of us connected in this country and this program is an essential part of making that happen.”

A Republican and a Democratic FCC commissioner criticized aspects of the agency's 2020 communications market report but adopted it. The biennial report, released Monday in docket 20-60, runs down the mobile wireless, fixed broadband, voice video and audio markets. It said FCC priorities for the next two years include making additional spectrum available for mobile services, particularly midband spectrum for 5G, and reducing regulatory impediments to wireless and wireline infrastructure deployment. The agency said it will keep up efforts to eliminate or modify "obsolete, burdensome, or [video and audio] outmoded rules." Commissioner Brendan Carr said he concurred partly because the report could go further in recognizing converged markets instead of continuing to see them in silos. Commissioner Jessica Rosenworcel said the report should do more to identify how services are changing and how that could create opportunities or barriers for new entrants. The report doesn't "adequately reflect the magnitude of the work ahead for this agency" in addressing broadband access and affordability issues, she said. Commissioner Geoffrey Starks, dissenting in part, said the report touts FCC actions as closing the digital divide when they haven't. He said the 2019 Lifeline order increases red tape and will hurt provider participation. He said the report ignores persistent barriers to entry for broadcasters, such as lack of access to capital for people of color and women. He said the fixed broadband priorities ignore any discussion of promoting affordability.

The FCC International Bureau seeks comment on proposed standardized questions for applications on foreign ownership, as part of the new foreign-ownership review process jump-started by a White House executive order last year (see 2009290063), said a public notice Thursday. Applicants for foreign ownership of broadcast stations, submarine cables, earth stations and other entities under FCC purview will submit answers to the finalized questions to the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector before or during FCC review, the PN said. The proposed questions are divided by subject matter, and the IB seeks comment on the language used, whether all questions are necessary, and how often the questions should be reevaluated. The bureau also wants input on how long entities will need to answer. The questions proposed in each category ask applicants for details on the foreign entities involved, services the applicant provides, and possible security concerns, such as whether the licensee serves “any sectors of U.S. critical infrastructure.” The IB will issue an order addressing the comments and seeking Paperwork Reduction Act review, and then issue another PN on the effective date of the questions, after which applicants will be required to submit answers to the committee, Thursday’s PN said.

Both Intelsat and SES say C-band clearing efforts are underway and meeting deadlines, though both warned of some COVID-19 pandemic-related supply chain issues, in their first quarterly C-band clearing status reports. "We remain on track and in some cases ahead of ... schedule," SES said Wednesday in docket 18-122. It said it has ordered "nearly all" the filters needed for Phase I of the clearing, and "a large portion" of Phase I satellite service transitions are done. It said some component suppliers have informed two of its satellite manufacturers about likely component delivery delays due to COVID-19 infections in their facility or elsewhere in the supply chain. It said two customers also warned of "slight delays" in satellite service transitions at their uplinks due to COVID-19 restrictions or infections. It said forecasted delivery dates for new satellites "remain on track." It said its primary incumbent earth station equipment installation vendor, USSI, has been contacting incumbent operators, identifying the needs of each site and the quantity and configuration of antennas accessing SES satellites. Despite some pandemic-related supply chain issues, the contracted delivery dates for all seven replacement satellites are on target, Intelsat said. It said it completed some customer transitions, and four are on track to be done by month's end. It said all the equipment for technology upgrades to be done in Phase I of the clearing has been ordered, and hardware installation at earth stations has started. Intelsat said thousands of integrated receiver/decoders were delivered to earth stations. It said it has roughly 5,000 IRDs in inventory and has ordered over 21,000. It said most Phase I earth station transition and remediation work is expected to happen in Q2 and Q3 2021, and it began passband filters at those incumbent earth stations where their programming was migrated or already resides above 3820 MHz.

Opening the 12 GHz band to 5G service would be "a step backward in closing the digital divide" by undermining the potential of broadband delivery via low earth orbit satellites, ACT|The App Association said Wednesday in RM-11768, saying the NPRM on circulation (see 2012290032) should be replaced with a notice of inquiry. The 12 GHz band is several gigahertz away from 5G spectrum bands, so it's not clear if development of chips and equipment would come soon, it said. The FCC said the draft NPRM seeks comment on adding a mobile service allocation throughout the 12 GHz band; on technical parameters that would allow for additional terrestrial shared use of the band; on different routes for assigning flexible-use rights in the band, such as modification of the licenses of multichannel video and data distribution service licensees to give them flexible-use rights, auction of overlay licenses in the band, or authorizing underlay use of the band; and on potential sharing mechanisms for the band.