President Donald Trump appeared to suggest Tuesday that NBC should lose its “license” over “FAKE NEWS” and “highly unethical” conduct. “I have long criticized NBC and their journalistic standards -- worse than even CNN. Look at their license?” said the tweet, which appeared to be a reaction to reports that NBC tried to block a story about movie producer Harvey Weinstein. As a network, NBC doesn’t operate under an FCC license, though parent Comcast and NBCUniversal own and operate individual stations that do. The FCC and Comcast didn’t comment. Commissioner Jessica Rosenworcel tweeted in response that “one more time . . . this is not how it works.” She had a similar response when Trump also tweeted against NBC’s “license” in October (see 1710110075). That tweet led lawmakers to question FCC Chairman Ajit Pai about whether the agency would take action against broadcasters over their content. “I have made clear that the FCC does not have the authority to revoke a license of a broadcast station based on the content of a particular newscast,” Pai said in a letter in February to Sen. Richard Blumenthal, D-Conn. (see 1802210060).

A California man who threatened FCC Chairman Ajit Pai and his family via email over Pai’s policies on net neutrality pleaded guilty in U.S. District Court in Alexandria, Virginia, Friday, said a DOJ release. Markara Man (see 1806290071) faces a maximum of 10 years in prison when sentenced Dec. 7, though the release said actual penalties are typically less than the maximum. “I would like to thank the U.S. Department of Justice, the FBI, local law enforcement, and FCC security officials for their hard work protecting my family and me," said Pai Monday. “I am deeply grateful for all they have done to keep us safe.” Man allegedly sent Pai several threatening emails, one of which included the addresses of Arlington, Virginia, area preschools and "I will find your children and I will kill them.” One of Man’s emails allegedly accused Pai of being responsible for the suicide of a child and another contained photographs of Pai and his family gathered through Internet image searches. “The FBI traced the emails to Man’s residence in Norwalk, California, and when initially confronted in May 2018, Man admitted to the FBI that he sent the email threatening Chairman Pai’s family,” DOJ said. During an FBI search of his house, Man factory-reset his cellphone to wipe its records, Justice said. “When asked about the phone being in setup mode, Man lied to the FBI and claimed that he had received it a month earlier and not set it up yet.” Man sought bail pending sentencing. DOJ filed in opposition (URLs in Pacer).

California’s net neutrality bill is headed to the governor’s desk, as expected (see 1808310042), after the Senate voted 27-12 Friday to concur with Assembly amendments to SB-822. The dozen nays came from the GOP, though one Republican voted yes and one didn’t vote. Companion SB-460 to restrict state procurement with ISPs that don’t follow open-internet rules died in the Assembly 28-37. Democrats recorded all the yes votes, but 13 said no and 14 didn’t vote. There were 24 GOP no votes; one Republican didn’t vote. Former FCC Chairman Tom Wheeler cheered SB-822 passage in a tweet. In a livestreamed news conference, Sen. Scott Wiener (D) said he worked with Attorney General Xavier Becerra (D) to ensure his bill is defensible. The AG was “very conscious of the fact that we are going to get sued,” since ISPs said from beginning they would challenge such law, Wiener said. “When you're in government, you get sued.” USTelecom CEO Jonathan Spalter, who earlier threatened to challenge state open-internet efforts (see 1803260024), Friday evening urged Gov. Jerry Brown (D) to veto the bill and Congress to make national rules. A trade association or small ISP is likely to be the primary challenger, with the FCC likely to weigh in once the suit is filed, said American Legislative Exchange Council Communications and Technology Task Force Director Jonathon Hauenschild. Challengers may want to take on several different state laws at about the same time, and the California bill taking effect -- this January if Brown signs -- could be the “tipping point” for action, he emailed Tuesday. “This way, the courts hear both the similarities in the bills and the differences and render a more complete verdict.” SB-460 failing wasn’t a big deal, said Electronic Frontier Foundation Legislative Counsel Ernesto Falcon. “The problem had nothing to do with telecom policy and more with internal political issues within the Democratic caucus,” he emailed. “They made their mark with 822." Also Friday, a privacy bill passed (see 1809040053).

Tess Caroline O’Rielly was born to FCC Commissioner Mike O'Rielly and his wife, Sarah, in Washington, D.C., at 10:24 a.m. Wednesday, according to his office. The child, the couple's second, was 20.75 inches and weighed an even 8 lbs.

The USF contribution rate will increase from Q3's 17.9 percent to 20.1 percent in Q4, exceeding 20 percent of carriers' U.S. interstate and international telecom end-user revenue for the first time in USF history, industry consultant Billy Jack Gregg emailed Friday. Universal Service Administrative Co. projects USF-applicable telecom revenue for Q4 to be $12.41 billion, down $545 million from Q3 and the lowest USF quarterly revenue base ever, he said. That lower revenue base, plus the previously announced USF quarterly demand of $2.06 billion, is what's driving the high USF contribution factor, he said. Total USF demand for 2018 will be $8.065 billion, up $147 million from 2017 but $1.47 billion less than the peak annual USF demand during 2012, he said. USF demand has hovered between $8 billion and $9 billion annually since then because of a 50 percent decline in low-income fund demand, a 48 percent decline in schools and libraries fund demand, and use since 2015 of unused schools and libraries fund to offset annual demand for that fund, Gregg said. Total USF revenue for 2018 will be $51 billion, also the lowest in USF history, and down $25.2 billion from the 2008 peak, he said.

With FCC Chairman Ajit Pai expected to circulate the next round of wireless infrastructure rule modifications Wednesday for the Sept. 26 commissioners’ meeting (see 1808220051), CTIA and Nokia said last week changes are critical. “Although some states and municipalities have taken actions to create a more favorable environment for deployment, many delays continue,” CTIA said in docket 17-79. “Despite the shot clocks the Commission adopted that were intended to streamline action, providers report that they have had to wait many months and sometimes years for action by a locality on a siting request.” Some "localities have imposed ‘pre-application’ requirements that must be satisfied before the locality will accept individual site applications,” the group said. Nokia officials met with Mike O’Rielly and Jessica Rosenworcel, and aides to the other commissioners, on the importance of spectrum and infrastructure to 5G. “Of particular concern to Nokia are the recent tariffs imposed on trade with China, which specifically target a wide range of components that are critical to 5G," Nokia said. “Unless exemptions are provided for these products, these latest duties threaten to raise the cost of 5G infrastructure in the U.S. by hundreds of millions of dollars. This is an important context that further emphasizes the need for the Commission to lower barriers to deployment where it can.” Lincoln, Nebraska, disputed AT&T claims (see 1808130041) it's “high fees have delayed its residents the benefits of AT&T’s small cell deployments.” AT&T didn’t, as it claims, pause a deployment of small cells there, the city said. “A review of our records fails to reveal any permit applications filed by AT&T for such as deployment,” the city said. “That means that AT&T either deployed without permission and unknown to the city, or AT&T provided misleading statements to the Commission.” Lincoln said, contrary to the carrier's claims, recurring attachment fees it imposes aren't a barrier: “Lincoln has researched our rates, submitted them to national companies for evaluation, and as a result has signed small cell agreements with three different companies.” Lincoln said its rates are “right in the middle” of fees assessed across the U.S. for small-cell attachments. AT&T didn't comment.

The National Lifeline Association (NaLA) and others supported bids for relief from Lifeline minimum service standards by TracFone and NTCA. Initial comments were due Thursday in docket 11-42 (see 1807310069). NTCA sought, on behalf of RLECs, temporary waiver from updated FCC Wireline Bureau Lifeline minimum standards for fixed broadband service that take effect Dec. 1 (see 1807240014). TracFone is seeking a Section 54.408(b) waiver or a ruling it could comply with minimum service standards by giving customers "a specified quantity of 'units' per month" (see 1807260028). “A necessary step towards achieving Chairman [Ajit] Pai’s stated goal of empowering consumers who participate in the Lifeline program is to eliminate the paternalistic … minimum service standards, which imposed the judgment of Washington regulators over that of consumers,” NaLA said. WTA supported the NTCA ask. “As NTCA notes, there is a difference in price when considering different broadband speed tiers,” WTA said. The Missouri Public Service Commission supported TracFone. “TracFone’s proposal may simplify program requirements for ETCs [eligible telecom carriers] by giving companies greater flexibility in offering a plan to meet Lifeline’s minimum standards,” the PSC said. “This flexibility is needed because, as an example, Missouri presently is experiencing more companies leaving the Lifeline program than entering it. TracFone’s proposal may remedy this scenario by encouraging existing ETCs to remain in the Lifeline program as well as by encouraging new companies to join.”

Video programming distributors must make televised emergency information accessible to those with disabilities, said an FCC reminder public notice Thursday. Rules require video emergency information provided in newscasts or interrupting newscasts to include aural descriptions on the main audio feed, and such information must be accompanied by a tone on the main audio and available aurally on the secondary audio feed if it occurs during a non-newscast, the PN said. MVPDs must pass through emergency information on a secondary audio stream, the PN said. Emergency information provided via audio must be accompanied by closed captions, the PN said. The FCC will monitor complaints of violations of this requirement and “review them for possible enforcement action,” the PN warned. Consumers can complain about such violations on the FCC’s website.

FY 2018 regulatory fees adopted this week (see 1808290061) are due Sept. 25, but some entities are exempt, the FCC said in a fact sheet Thursday. Entities include those whose FY 2018 annual regulatory fee bill is less than $1,000, plus noncommercial educational FM station licensees and full-service NCE TV licensees if they operate solely on an NCE basis. Nonprofit entities may be exempt.

President Donald Trump urged firing CNN head Jeff Zucker and NBC News head Andy Lack, on Twitter Thursday. Trump said CNN's "hatred and extreme bias of me ... has clouded their thinking and made them unable to function." He said "Little Jeff Z has done a terrible job, his ratings suck, & AT&T should fire him to save credibility!" He said CNN is "losing everything all because they chose to be the DNC's puppet." Trump said other networks are acting similarly, with NBC News "being the worst." The "good news is that Andy Lack(y) is about to be fired(?) for incompetence, and much worse," he said. AT&T didn't comment.