With the FCC ending part-time leased access rules earlier this month, considering them contrary to the First Amendment (see 1906060029), media law and Constitution experts see potentially thorny questions emerging as it also considers whether its full-time requirements have similar problems. The agency could find itself in a particularly sticky situation if it decides the statutory requirement underlying its leased access rules seems to have a constitutional problem, said former FCC Deputy General Counsel Peter Karanjia.
The FCC will consider proposed revisions of its kidvid rules at the July 10 commissioners’ meeting, as expected (see 1906170040), blogged Chairman Ajit Pai Tuesday. “This update of our rules is long overdue.” Though specifics on the content were scant, Commissioner Mike O’Rielly cast it as emphasizing compromise. “While there may a strong case for even further reforms, this item reflects sound and defensible policymaking,” he said. Along with items related to 5G and wireline items on multiple tenant rules, telehealth and broadband forbearance (see 1906180053), the agency will consider rules on electronic notifications by cable companies.
Educational interests got little of what they were hoping for in draft FCC rules on the 2.5 GHz educational broadband service band, in an order circulated by Chairman Ajit Pai for the July 10 commissioners' meeting and as expected (see 1906120043). Pai didn’t circulate a rulemaking on the 5.9 GHz band, which some expected, after it, like the 2.5 GHz item, didn’t make the cut for the June meeting (see 1905130054). The 5G items top a busy July 10 agenda (see 1906180080).
Dish Network, selling add-on audio and connected home products to pad its satellite TV installations for the past decade, is moving into a non-TV-centric business based on the connected home, Jeremy McCarty, general manager of the recently formed OnTech Smart Services brand, told us Monday. The service is launching in Atlanta, Dallas/Fort Worth, Denver, Houston, Kansas City, Los Angeles, New York, Sacramento, Salt Lake City, San Francisco and St. Louis.
The House Rules Committee will consider a raft of telecom, privacy and cybersecurity-related amendments to a “minibus” FY 2020 budget bill Tuesday. HR-3055 includes funding for NTIA, other Commerce Department agencies and the Agriculture Department. The minibus would allocate $42.4 million to NTIA, $751 million to the National Institute of Standards and Technology and $3.45 billion to the Patent and Trademark Office. House Rules’ hearing on the amendments is to begin at 5 p.m. in the Capitol Room H-313.
The Supreme Court's 5-4 decision on First Amendment responsibilities of private operators of public access cable channels Monday isn't expected to have broader effects on public access channel operations generally or on the question of how far the public fora doctrine extends into cyberspace. Alliance for Community Media President Mike Wassenaar told us it has been urging public access channel members to have clear editorial policies and to work closely with producers to avoid litigation.
A proposal by Dish Network that it buy some T-Mobile/Sprint assets and launch its own fourth national wireless network likely faces an uphill climb, observers said Monday. The deal could help DOJ, which signaled it wants four networks regardless of whether it sues to block T-Mobile's buy of Sprint. It also would help Dish, which faces buildout deadlines on some of the massive amounts of spectrum it owns, and could have to forfeit licenses to the FCC.
An FCC order on kidvid could be on the agenda for commissioners' July 10 meeting but remains a moving target. An expected NPRM on equal employment opportunity enforcement (see 1904290176) has been voted on and will be released ahead of the meeting. That's what broadcast industry, child advocacy and FCC officials told us.
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., wants to avoid altering Communications Decency Act Section 230, he told us. Several key lawmakers are discussing the possibility of amending tech industry immunity from third-party content liability.
State lawmaker concerns about wireless health and environmental effects seem to be rising, while local governments continue to push for an FCC update of its more than 20-year-old RF exposure limits and policies. Wireless Infrastructure Association President Jonathan Adelstein agreed it’s time for the FCC to quickly update RF rules. Small-cells equipment that's popping up near homes probably is increasing concerns and lawmaker attention, said municipal officials and a public health advocate in interviews. Residents surprised by small cells also raised aesthetic concerns (see 1906070046).