Judges pressed the FCC to justify tribal Lifeline support limits and procedures, while questioning arguments of industry and tribal petitioners challenging the rules. A three-judge merits panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument Thursday on the 2017 order that barred resellers from receiving enhanced tribal Lifeline subsidies and targeted the USF support to rural areas (see 1711160021) in National Lifeline Association v. FCC. No. 18-1026. A separate motions panel of three Democratic appointees Aug. 10 stayed the tribal rules pending review by the merits panel (see 1808100027).
A First Amendment challenge of FCC kidvid rules could be successful yet politically fraught, broadcast attorneys told us, reacting to Commissioner Mike O'Rielly's remarks at a Media Institute event Wednesday evening. In a speech on First Amendment threats, O'Rielly cautioned opponents of the proceeding that they “might want to reconsider” opposing his deregulation effort because a successful First Amendment challenge could lead to the rules being struck down altogether. Legal scholars "quite convincingly" have made the case kidvid rules are content-based restriction that don't fulfill a compelling government interest, and thus are contrary to the Constitution, he said.
FCC Commissioner Brendan Carr and others at a 5G Americas technology forum Thursday welcomed President Donald Trump directing development of a comprehensive national spectrum policy (see 1810250018). Trump also rescinded two Obama administration spectrum policy memos. The Trump memo requires all government agencies report to the Commerce Department on their current and anticipated spectrum requirements. Reports will be due at the White House in 180 days, with a strategy due 90 days later.
SiriusXM’s agreement offering free three-month trials of its streaming services to Amazon smart speaker owners (see 1810180004) isn't exclusive but is a “great first step” in other possible collaborations “we’ve talked to Amazon about,” said CEO Jim Meyer on a Wednesday earnings call. Meyer wants the SiriusXM service “to be as easy to listen to on anything and on any platform,” and won’t close the door on similar collaborations with Apple or Google, he said.
AT&T said it will be the first U.S. carrier to offer mobile 5G, with launch in weeks. Verizon was first with a fixed wireless 5G product earlier this month (see 1810010028). AT&T reported a 346,000 Q3 net loss in DirecTV subscribers and earnings below expectations. The stock closed down 8.1 percent at $30.36.
Discussing the need for a federal privacy law, Commissioner Rebecca Kelly Slaughter cited the “real tools” the FTC gained from the children’s privacy law: specific rulemaking and civil penalty authorities. Granted under the Children's Online Privacy Protection Act, those tools have been debated this Congress (see 1810110043). Children should be at the center of the legislative debate, said Sen. Ed Markey, D-Mass., in a video address. Slaughter spoke Wednesday at the Georgetown Institute for Tech Law & Policy (see 1810220041) and at that day’s FTC hearing (see 1810230042).
In use for years by civil space agencies and getting interest from the earth observation industry, there's no clear picture of how soon a commercial rollout of optical satellite communications might occur. Industry participants see that imminent but industry watchers are more conservative. One aspect that makes the field attractive is the lack of FCC or ITU regulation, which is far off, we were told. "These are serious people and serious investors making this happen; they wouldn't be engaged if this was speculative," said Aerospace Vice President-Space Systems Frank Slazer.
Allowing U.S. devices to access the Galileo global navigation satellite system and a review of FCC orbital debris rules will highlight Nov. 15's meeting, Chairman Ajit Pai blogged Wednesday previewing items to be released Thursday. The FCC also will consider items on hearing-aid compatibility and cable communications with subscribers.
FCC commissioners voted 4-0 Tuesday to approve an NPRM on opening 1,200 MHz of spectrum in the 6 GHz band for Wi-Fi and other unlicensed use. It was tweaked to ask more questions about indoor use and the need for automated frequency coordination for all devices, as expected (see 1810170054). Commissioners Mike O’Rielly and Jessica Rosenworcel said the FCC should move forward to reconsider the 5.9 GHz band.
The FCC voted 4-0 to allow some rate-of-return rural telcos to choose incentive regulation for business data services, and to open rulemakings on the treatment of both RoR and price-cap carrier legacy transport. Commissioners gave eligible RoR carriers a second chance to opt into incentive regulation, instead of the single opportunity in a draft order with two Further NPRMs. Commissioner Jessica Rosenworcel concurred, supporting the outcome despite "analytical shortcomings." RLEC groups cheered.