The FCC shouldn’t “shift the long-standing understanding of localism” in its proceeding on prioritizing locally originated programming (see 2403120071), said America’s Public Television Stations and PBS in a teleconference meeting Tuesday with Media Bureau Chief Holly Saurer and an aide to Chairwoman Jessica Rosenworcel, according to an ex parte filing in docket 24-14. Public TV programming is local because it's issue-responsive, the filing said. “The definitions established in this rulemaking could have implications for what is considered ‘local’ broadcast programming in future regulations,” said the public TV groups. The FCC should adopt a “qualified” noncommercial educational broadcast station definition that would allow NCE applications to be prioritized without meeting the agency’s proposed requirements that programming be originated locally. The public TV groups also said the FCC shouldn’t expand rules governing TV translators. Rather than requiring translators to designate communities of license, the agency should “grandfather in existing COLs for public television translators until the station requests to change their community of license.” Doing otherwise could “create a burdensome engineering and administrative scramble for some public television stations,” the public TV groups said.
Representatives of Somos and the Ad Hoc Telecom Users Committee met with aides to all five commissioners about tweaking a draft order on using the do not originate (DNO) list in blocking unwanted and illegal robocalls. The order is set for a vote at the FCC’s Sept. 26 open meeting (see 2409050045). “Somos applauds the Commission for applying a DNO mandate for all carriers in the draft Order” and agrees the commission shouldn’t designate a particular list, said a filing posted Thursday in docket 17-59. But “a reasonable list must (not may) include” all invalid numbers where the area code or central office code begins with a 0 or 1, “all numbers in an area code that is not yet, or can never be assigned” and “all 10,000 and 1,000 blocks of numbers in area codes that are in service, but the blocks are not yet assigned,” the filing said. Somos would also include on the list “numbers for which the subscriber has requested call origination blocking.”
The House approved the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) Wednesday on a lopsided 393-22 vote. The measure would direct the FCC to establish a 6G task force that provides recommendations about ensuring U.S. leadership in developing that technology’s standards. The House originally intended to consider HR-1513 last week (see 2409060053). HR-1513 lead sponsor House Communications Subcommittee ranking member Doris Matsui, D-Calif., hailed approval of the measure. “We stand at a crossroads for the future of global innovation leadership” and the “economic and national security stakes in the race to 6G couldn’t be higher,” she said in a statement. “For the [U.S.] to stay the gold standard in wireless communications technology, we need to look forward and convene our best and brightest innovators to map the road ahead.” HR-1513 “will accelerate us down this path, making a crucial down payment on American leadership by taking steps forward as this technology evolves.” The House approved the Senate-passed Launch Communications Act (S-1648) Tuesday night on a voice vote (see 2409160056). The measure, which the Senate passed in October, and House-approved companion HR-682 would require that the FCC streamline the authorization process for commercial launches’ access to spectrum (see 2307260037).
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. Lawsuits added since the last update are marked with an *.
The House Commerce Committee is back on track to advance the AM Radio for Every Vehicle Act (HR-8449) as part of a markup session Wednesday, as expected (see 2409100070), but the measure’s Senate backers still face headwinds. The panel said Monday night it will mark up HR-8449, which would mandate that automakers include AM radio technology in future electric vehicles, along with 15 other bills. The meeting will begin at 10 a.m. in 2123 Rayburn.
Title I or Title II of the Communications Act would bar the New York Affordable Broadband Act (ABA), said amici supporting ISP groups in briefs Friday at the U.S. Supreme Court. NCTA, a cable industry group that didn’t join the original May 2021 challenge that several national telecom associations filed in a district court, said the ABA “would impose unprecedented and unlawful rate regulation on broadband services.” The Multicultural Media, Telecom and Internet Council (MMTC) also condemned the state law. “If the ABA becomes effective, it will achieve the opposite of what it purports to accomplish, making it harder for communities of color to subscribe to broadband.”
The FCC’s June rules for foreign-sponsored content violate the Administrative Procedure Act because the agency didn’t provide notice of plans for expanding the 2021 rules to cover political ads and public service announcements, said NAB in a petition for review filed Monday with the U.S. Court of Appeals for the DC Circuit. The 2024 order was a response to a D.C. Circuit ruling in favor of an NAB-backed challenge to portions of the FCC's 2021 foreign-sponsored content rules. The FCC “did not even attempt to provide a rationale for changing course,” to go after PSAs and issue ads, NAB said in the filing, which echoes arguments Commissioners Nathan Simington and Brendan Carr raised in dissents back in May. “Adopting rule changes nobody could have reasonably anticipated is a textbook example of unfair surprise,” Carr wrote at the time.
Representatives of Alaska’s GCI asked the FCC not to wait until the end of Alaska Plan commitments in 2026 before revising the commission’s approach to 5G in the 49th state. “New requirements to deploy 5G technology cannot simply be appended to the current Alaska Plan commitments,” said a filing posted Friday in docket 23-328. 5G deployments have “different engineering and core network requirements” than older technology, GCI said: Hitting higher throughput speeds anticipated for 5G “results in a smaller coverage area than the lower throughput speeds for 4G, meaning that a provider may need to construct more towers to provide 5G service to the number of population reflected in its existing Alaska Plan commitments -- construction that has not been planned and was not considered in negotiating the original Alaska Plan commitments.” The GCI representatives met with staff from the Wireless and Wireline bureaus and Office of Economics and Analytics.
The Alaska Remote Carrier Coalition (ARCC) recommended that the FCC reject GCI's proposal that addresses revisions in the Alaska Plan for the Alaska Connect Fund (see 2408140040). In a meeting with an aide to Chairwoman Jessica Rosenworcel, ARCC defended its proposed adjustment factors associated with performance testing results, said an ex parte filing Friday in docket 23-328. "To suggest that no changes should be made to the original Alaska Plan format deviates from the intent of the first paragraph" of the commission's NPRM seeking comment on "innovative solutions" to connect Alaska's communities, the group said. It also urged that the FCC refrain from allowing "constant waivers of its performance testing guidelines with limited consequences," warning that the "regulatory compliance basis" the commission laid out in its plans is "flawed at best."
Responding to state budget cuts in the Broadband Loan Loss Reserve Fund Program (BLLRF), the California Public Utilities Commission clarified Thursday during a meeting that it will award just $50 million of the originally planned $750 million. The program was meant to support broadband deployment costs for nonprofits, local and tribal governments. But at the same livestreamed session, commissioners approved about $91 million in grants from the federal funding account (FFA) for 10 last-mile projects.