CTA representatives met with FCC Public Safety Bureau staff on the agency’s proposed cyber trust mark program for smart devices (see 2311130034). CTA updated the agency on “the progress in its working groups” working “to help operationalize” National Institute of Standards and Technology guidance and on a registry of devices “that have achieved the U.S. Cyber Trust Mark as contemplated” in an FCC NPRM, said the filing posted Wednesday in docket 23-239.
The FCC Enforcement Bureau warned property owners in Newark, New Jersey, and Brooklyn, New York, of possible forfeitures for allegedly hosting pirate radio stations, said letters Tuesday. Property owners Phalaine Vital in Newark and Royalty Realty in Brooklyn could each face a forfeiture of up to $2.3 million, the letters said. The letters demand proof that the unauthorized transmissions EB field agents found have ceased and that the unauthorized broadcasters be identified. The property owners have 10 business days to respond, the letters said.
Nevada, New Jersey and New York diverted about $205.4 million, or 5.3% of all 911 fee revenue, for unrelated purposes in 2022, an FCC report to Congress posted Tuesday found. The commission’s previous annual report found the same three states diverting about $198.5 million in 2021. The states used some of the revenue for public safety programs unrelated to 911; New York and New Jersey also used a portion for purposes unrelated to 911, the FCC said. Under the NET 911 Act, states must use 911 fee revenue for 911-related activities. The agency said 49 states, the District of Columbia and four territories responded to last year’s data request. Together they collected more than $3.5 billion in 2022 for 911. Idaho and the Northern Mariana Islands didn't report. New Jersey diverted 78.1% of $127.1 million collected, while fellow repeat offender New York diverted 41.7% of $254.4 million collected, said the report: It's unknown how much Nevada diverted from a $2.9 million pot. Nevada disclosed that at least two local jurisdictions diverted funding in 2022 for police body and vehicular cameras, the report said. “New Jersey and New York did not self-identify ... as diverting funds, but, consistent with previous reports, the Bureau has determined based on review of the information provided that these states diverted funds for non-911 related purposes within the meaning of the NET 911 Act.” In addition, the FCC said 44 states, D.C., Guam and Puerto Rico reported $512 million in total next-generation 911 spending in 2022. It said 37 states and jurisdictions reported having operating emergency services IP networks (ESInets). D.C., Puerto Rico and 47 states reported having text-to-911 by the end of 2022. Guam and the U.S. Virgin Islands expected to provide that capability in 2023, the report said. National Emergency Number Association CEO Brian Fontes said it's unfortunate and unacceptable that some states still see 911 revenue as a way to fund other programs. "Funds that the public pays specifically for 9-1-1 purposes should be used to ensure that 9-1-1 callers receive an effective emergency response." NENA urges states that divert funds to end the practice. Instead, they should use the money for maintaining 911 service levels and upgrading to NG-911, he said.
The FCC accepted long-form applications for filing from three bidders in the 2022 2.5 GHz auction, according to a Tuesday notice by the Wireless Bureau and Office of Economics and Analytics. The three are Northern Valley Communications, Paladin Wireless and SkyPacket Networks. The agency asked for petitions to deny not later than Jan. 26, oppositions Feb. 2 and replies to oppositions Feb. 9. Under the 5G Spectrum Authority Licensing Enforcement Act, enacted in December, the FCC can issue licenses despite the expiration in March of its spectrum auction authority (see 2312200061).
Los Angeles Mayor Karen Bass (D), Chicago Mayor Brandon Johnson (D), Fort Worth Mayor Mattie Parker (R) and more than 170 other U.S. cities' leaders urged House and Senate leaders Tuesday to “renew and extend” funding for the FCC’s affordable connectivity program, which is expected to exhaust its current $14.2 billion allocation in April. Last week, the FCC began initial steps to wind down ACP, with the Wireline Bureau declaring it would freeze new enrollments Feb. 8 (see 2401110072). Also, last week, a group of lawmakers filed the ACP Extension Act (HR-6929/S-3565) in a bid to infuse $7 billion for FY 2024 into the program (see 2401100056). ACP “has been a key tool in our efforts to eliminate the digital divide in America” since Congress first authorized it via the 2021 Infrastructure Investment and Jobs Act and it “has wide support,” the U.S. Conference of Mayors said in a letter to House Speaker Mike Johnson, R-La., Senate Majority Leader Chuck Schumer, D-N.Y., and their respective minority leaders. “From Democrats to Republicans, to rural and urban areas, to the telecommunications industry and all levels of government,” ACP “is recognized by all as successful.” Extending the program “will help close the digital divide, allow Americans to access the resources they need, and strengthen the U.S. economy to compete in the 21st Century,” the mayors said in the letter.
The FCC Space Bureau approved Lynk Global's requested extension of its surety bond posting deadline (see 2401050062), according to a notation last week. The company had said damages involving its Tower 5 and Tower 6 satellites delayed their launch, and thus the need for an extension.
The FCC Media Bureau proposed a $150,000 forfeiture for Mission Broadcasting over violations of the good faith retransmission negotiation rules, said a notice of apparent liability released late Friday. The violations stem from Nexstar's negotiations on Mission’s behalf with Comcast for retransmission consent rights for Mission’s station WPIX New York (see 2301180034), the NAL said. Nexstar allegedly conditioned retrans consent on Comcast’s acceptance of contract proposals that “would foreclose the filing of future complaints with the Commission,” which the FCC said is “inconsistent with competitive marketplace considerations.” Nexstar’s negotiating retrans rights for WPIX on Mission’s behalf is the subject of litigation between DirecTV and Nexstar (see 2310040024), and has also been the focus of legal challenges brought by Comcast and Charter (see 2211220061). The NAL doesn’t directly address allegations from the MVPDs that Nexstar and Mission’s relationship violates antitrust laws, but it says the proposed forfeiture was adjusted upward in light of Nexstar’s ability to pay, citing the companies’ SEC filings. “Mission’s revenues and assets are consolidated with Nexstar’s financial accounting and annual reporting,” said the NAL. “Hence, Mission and Nexstar are effectively treated as a single entity for financial purposes in the Nexstar 10-K.” The agency also dismissed arguments from Mission that it wasn’t responsible for Nexstar's actions. Since Mission identified Nexstar as the “approved delegated negotiator” for WPIX, that argument “contravenes basic principles of agency law” and “ignores Commission precedent that licensees are ultimately responsible for the acts of their licensed stations.” The NAL also contains a footnote that appears to leave room for future enforcement actions involving Mission and Nexstar’s relationship. The Comcast complaint that led to the NAL “alleges additional good faith negotiation violations against both Mission and Nexstar Media Group,” but in this NAL “we address only a subset,” the footnote says. “The remaining allegations are under review by the Commission pending the outcome of ongoing investigations.” Nexstar and Mission didn’t immediately comment,Comcast said it was pleased by the FCC's actions.
The FCC Wireless Bureau sought comment on Trace-Tek’s application to provide contraband interdiction system services in correctional facilities. The bureau said Friday it reviewed the application and found it complete. Comments are due Feb. 12 in docket 13-111. In July 2021, the FCC established a two-phase process for authorizing the systems and a “rule-based process” for disabling contraband devices (see 2107130029).
The FCC Wireless Bureau sought comment Friday on a request from Garmin International (see 2310060031) for a waiver of rules concerning certification of the hand-held general mobile radio service (GMRS) devices it manufactures. Comments are due Feb. 12, replies Feb. 27, in docket 24-7. “Garmin alleges that its request builds on, but is narrower than, the recent waiver granted by the Mobility Division to Midland Radio,” the bureau said: Garmin claims “a waiver would serve the public interest by guaranteeing ‘that critical communications and location information are automatically available with sufficient time and information to’ locate individuals both in emergency and non-emergency situations.”
As the FCC works on rules governing supplemental coverage from space, the agency needs to be sure efforts to provide direct-to-handset service aren't meanwhile delayed, according to T-Mobile. A docket 23-65 filing Friday recapped SCS discussions between company representative and Wireless and Space Bureau staffers. T-Mobile said SCS rules should be based on the idea the service supplements terrestrial coverage, and thus there's no need to modify the terrestrial spectrum allocation that will support SCS. It said making terrestrial operators obtain a license covering subscribers' devices for when those devices are receiving service from satellites is impractical. T-Mobile said there's no regulatory purpose for requiring blanket earth station authorization for mobile handsets and such an authorization would be difficult to enforce. If the commission opts to require a mobile handset authorization, the satellite operator and not the terrestrial licensee should have to obtain that authorization through its satellite license or get a separate user authorization, T-Mobile said.