The FCC Enforcement Bureau has renewed arguments that broadcast attorney Dan Alpert has conflicts of interest and can’t represent multiple parties in the hearing proceeding on the TV and radio licenses of Antonio Guel and the Hispanic Christian Community Network, according to a transcript released Wednesday of an Aug.14 status hearing (see 2407290030). “I cannot figure out how he could both defend Mr. Guel at a deposition, and represent witnesses at the deposition,” said EB Special Counsel Michael Engel. “That's unheard of.” Alpert said that he has represented HCCN and other companies affiliated with Guel for many years, and the staff of those companies consider him their lawyer, including many of the witnesses in the case, which include Guel’s daughter Maria Guel and niece Jennifer Juarez. Alpert said all those involved have consented to him representing them. The hearing proceeding is based in part on allegations that Guel pretended to sell his stations to Juarez while actually retaining control of them. At the hearing, Engel said that in an interview with the EB, Juarez told them she had never spoken with Alpert, though he represented her before the FCC for ten years. “How was he able to discern her desires if he had never spoken to her? That's an extremely curious representation to make to Your Honor,” Engel said. “Very troubling.” Alpert said that he and Juarez communicated in writing and that Engel’s questions showed that he knew little about how LPTV stations function. Generally, they require very infrequent interactions with their attorneys, even across a decade, Alpert said. “All it requires is basically 'Hey, your annual regulatory fees are due.' Email once a year, every other year, an ownership report is due,” Alpert said. “I mean for him to be incredulous about that sort of thing, is he foolish or stupid, is what I'm asking at this point here,” Alpert said. FCC Administrative Law Judge Jane Halprin said she would weigh whether to require the witnesses to get new counsel and that such a requirement could severely delay the resolution of the case.
The FCC is seeking nominations by Oct. 28 in docket 96-45 for eight board member positions on the Universal Service Administrative Co.'s board of directors. The Wireline Bureau, in a public notice Monday, sought nominations for a representative for interexchange carriers with annual operating revenue of more than $3 billion, rural health care providers eligible for USF support, state telecom regulators, incumbent local exchange carriers with more than $40 million in annual revenue, information service providers, interexchange carriers with annual operating revenue of $3 billion or less, and two representatives for schools eligible for USF support.
The FCC Wireless Bureau on Tuesday approved a January request by PTC-220 for authority to operate 76 positive train control radio base stations, using automated maritime telecommunications system spectrum covering the Northern Atlantic region. “Today’s action will enable PTC-220’s member railroads to deploy Congressionally-mandated, interoperable PTC and related (non-PTC) rail safety systems on rail lines serving 53 counties in New Jersey, New York, and Pennsylvania,” the bureau said. Its order notes PTC-220 will use the upper portion of the spectrum block at 219.5-220 MHz, adjacent to its 220 MHz spectrum. PTC-220 member railroads “will use the AMTS spectrum to implement two additional PTC common channels, which will improve system reliability and safety,” the order said.
Pennsylvania should quickly adopt the FCC’s December changes to pole attachment rules, Verizon and wireless companies said in comments posted Tuesday at the Pennsylvania Public Utility Commission. Some additional work may be needed to adapt the FCC’s rapid-response team, they acknowledged in docket L-2018-3002672. However, energy companies disagreed with the Pennsylvania PUC adopting either the team or a rule requiring reports on pole inspection.
Universal Service Administrative Co. board member Daniel Domenech will resign effective Dec. 31, USAC told the FCC in a letter Friday. Domenech, who serves as the executive director of the American Association of School Administrators and represents schools and libraries eligible for USF support on the board, gave no reason for his decision in a resignation letter. USAC requested that the Wireline Bureau begin a nomination and selection process to fill the seat "in conjunction with the board members whose terms will expire on Dec. 31."
The FCC confirmed the Sept. 9 deadline for comments on a recent Wireless Bureau notice concerning the future of the 37 GHz band (see 2408090034) in a notice for Tuesday’s Federal Register. The goal is “informing the forthcoming report mandated by the National Spectrum Strategy (NSS) Implementation Plan,” the notice said: “The NSS identified the Lower 37 GHz band for in-depth study to determine how a co-equal, shared-use framework which allows Federal and non-federal operations should be implemented.” The final report, with findings, is set for completion in November.
AT&T will pay $950,000 and implement a three-year compliance plan to resolve an FCC Enforcement Bureau investigation of an Aug. 22, 2023, 911 outage affecting parts of Illinois, Kansas, Texas and Wisconsin, the FCC said Monday. The outage lasted an hour and 14 minutes and resulted in more than 400 failed 911 calls, the agency said. AT&T “violated FCC rules by failing to deliver 911 calls to, and failing to timely notify, 911 call centers in connection” to the outage, the FCC found. The FCC said the outage occurred during testing parts of the carrier’s 911 network. A contractor technician “inadvertently disabled a portion of the network, and AT&T’s system did not automatically adjust to accommodate the disabled portion of the network, resulting in the outage.” The testing wasn’t associated with planned maintenance and “did not undergo the stringent technical review that would have otherwise been conducted.” Service providers “have an obligation to transmit 911 calls and notify 911 call centers of outages in a timely manner,” said FCC Chairwoman Jessica Rosenworcel: “Our rules are designed to protect the public and ensure that public safety officials can inform consumers of alternate ways to reach emergency services in the event of an outage.” AT&T understands “the importance of having critical access to 911,” a spokesperson said in an email: “We’ve resolved this matter and are committed to keeping our customers connected in times they need it most.”
SES' O3b is pushing its formula for evaluating earlier-round and later-round non-geostationary orbit satellite systems' compatibility. In a docket 21-456 filing Friday recapping a meeting with FCC Space Bureau staffers, O3b said SpaceX's NGSO coexistence proposal (see 2408150034) would harm established services and eliminate incentives for later-round systems to coordinate with earlier-round ones. O3b said its formula ensures the highest availability links are adequately protected while allowing later-round systems to impose relative increases in unavailability that are notably higher than what has been previously suggested.
Representatives of CTIA and the major carriers urged the FCC to address an issue the agency raised on pole attachments in 2019, providing clarity that wireless providers have access to utility light poles (see 1911200033). CTIA met with Wireline Bureau staff, along with representatives of AT&T, T-Mobile and Verizon. "Commission actions over the past several years to clarify the rights and responsibilities under the Communications Act, including for the Section 224 pole attachment framework, have helped enhance transparency and efficiencies in the siting process,” a filing posted Friday in docket 17-84 said. CTIA urged the commission to “seek ways to streamline infrastructure deployment and clarify the rights and obligations of pole owners and attachers, in order to reduce or eliminate deployment barriers that remain.”
Additional conditions on Satellogic's proposed earth observation satellite service constellation (see 2403080002) are acceptable as long as they're not more burdensome than those the FCC has put on similarly situated applicants, the satellite operator said. Satellogic told the FCC Space Bureau this week it has no objection to such conditions as semi-annual reporting to the FCC on near-miss events, and mandatory reporting of loss of control of satellites at altitudes above 350 km. Earlier this month, SpaceX urged conditions on Satellogic akin to what the agency put on SpaceX's second-generation Starlink satellites. SpaceX has made similar requests regarding numerous other pending constellations (see 2301180049).