A legal challenge to the FCC's over-the-air reception devices (OTARD) rules might face procedural problems, a federal judge said Tuesday. But the three-judge panel for the U.S. Court of Appeals for the D.C. Circuit also seemed skeptical during oral argument (docket 24-1108) of the commission's creating a "human presence" requirement in its OTARD rules for Indian Peak Properties. The company is appealing an FCC order that denied its petitions for declaratory ruling. Indian Peak was seeking a federal preemption under the OTARD rule of a Rancho Palos Verdes, California, decision to revoke its local permit for the deployment of rooftop antennas on a property (see 2405060035).
The FCC faces pressure to find a better, more market-oriented way to reallocate spectrum, but there are no obvious solutions in sight, auction experts said Tuesday. The discussion, during a Technology Policy Institute webinar, the first in its series on spectrum policy, comes as the fight over spectrum heats up, and the administration looks at the future of the lower 3 GHz, 7/8 GHz and other bands (see 2502100047).
Comcast confirmed Tuesday that FCC Chairman Brendan Carr has asked the Enforcement Bureau to launch a probe of its and subsidiary NBCUniversal’s diversity, equity and inclusion programs to determine if they violate equal employment opportunity laws. The move is Carr’s latest foray against U.S. broadcasters, including probes of CBS, NPR and PBS (see 2502050063 and 2501300065), since he became FCC chairman Jan. 20. Sen. Ed Markey, D-Mass., railed against the FCC and other federal agencies Tuesday for collectively “waging a relentless war on online speech and independent journalism” in the weeks since President Donald Trump returned to office last month.
Sateliot wants the FCC to revisit its Space Bureau's January decision dismissing the company's U.S. market access petition. In an application for review filed Friday, Sateliot said the bureau's rejection of the application to offer IoT services in the 2 GHz mobile satellite service (MSS) band, due to unavailability of that spectrum (see 2501080037), runs contrary to the FCC's 2019 smallsat order. That order lets applicants seeking authority under the streamlined small satellite processing rules apply for MSS frequencies, it said. Sateliot argued that the bureau was wrong in saying there wasn't enough information in the record to determine if Sateliot's system would meet the spectrum-sharing requirements under the smallsat processing rules.
The FCC Wireless Bureau is seeking comment by March 13 on an application by Hawks Ear Communications to serve as a contraband interdiction system (CIS) operator to help address contraband phones in correctional facilities. In a notice Monday in docket 13-111, the bureau noted a change to the usual protective order provisions being adopted for this proceeding. “Under this Protective Order, experts employed by wireless providers participating in the proceeding will be permitted to have access to Confidential Information,” while experts “employed by other commercial entities” won't.
The FCC Wireline Bureau on Monday approved vCom's application to sell its operations, including FCC licenses, to AppSmart. The bureau noted that it sought comment last month (see 2501100041), and none were filed. “Applicants claim that the public interest benefits associated with the transaction include providing Licensees with access to Transferee’s and its affiliates’ financial and operational expertise and their larger client base, and permitting Licensees to continue to provide robust communications solutions to their customers and to better compete in the U.S. communications marketplace,” said the notice in docket 24-657. “We find that grant of the Application will serve the public interest, convenience, and necessity.”
Verizon urged the 2nd Circuit U.S. Court of Appeals to overturn a $46.9 million penalty from the FCC for not adequately protecting subscribers’ real-time location information that commissioners approved on a 3-2 vote last year (see 2404290044). Last week, the 5th Circuit heard AT&T's oral argument against a $57 million fine the commission imposed (see 2502030050). The government defended the order in the 5th Circuit even though current FCC Chairman Brendan Carr and Republican Commissioner Nathan Simington had dissented.
FCC rules against payola bar radio broadcasters from receiving payment for more favorable airplay, even in the form of reduced fees for live performances at station-run concerts, warned the FCC Enforcement Bureau in an advisory Thursday. “Some radio stations appear to be violating the FCC's prohibition on Payola by surreptitiously forcing musicians to choose between (1) performing for free (or for reduced fees) at station events or (2) losing out on valuable radio airplay,” said FCC Chairman Brendan Carr in a post on X. Sen. Marsha Blackburn, R-Tenn., sent a letter to Carr last week asking the FCC to look into the practice (see 2502040062). The advisory said the agency will hold stations that report to record-charting services -- and are thus more susceptible to payola -- to a higher standard on policing the activities of employees than it would a station with an all-news format. If the licensee of such a reporting station “does nothing more than require its employees to execute affidavits stating that they will not violate laws and regulations prohibiting payola,” that could fall short of the “reasonable diligence” the agency requires, the advisory said. Payola is also against the U.S. criminal code, so violating the rules “can subject the violator to criminal penalties of a fine of up to $10,000 or imprisonment of up to one year, or both.” The FCC “notes that licensees play a critical role in preventing payola, and the Commission’s enforcement staff will consider investigating substantive allegations of payola that come to its attention.”
Members of the Alternative Connect America Cost Model (ACAM) Broadband Coalition raised concerns about the latest FCC thinking on ACAM support in a call with FCC Wireline Bureau and Office of Economics and Analytics staff. They “discussed the support adjustment methodology contemplated by Commission staff and the Coalition’s position that the methodology under consideration could lead to inaccurate and insufficient support levels,” said a filing posted Thursday in docket 10-90. The coalition “maintains that the most accurate and equitable method to recalculate support is to rerun the cost model to reflect the network required to serve the final location counts,” the filing said.
The FCC’s draft notice of inquiry on opening the upper C band for commercial use acknowledges numerous incumbents using the spectrum and seeks “detailed and evidence-based comments” from all affected parties. Also on Thursday, the FCC released a draft NPRM on rules for the AWS-3 auction and other items, teeing them up for the FCC’s Feb. 27 open meeting, including new rules for wireless emergency alerts (see 2502050057).