The FCC Office of Engineering and Technology approved Liberty Defense's waiver requests that will allow equipment certification for upgrades of its full-body security screening scanners deployed at U.S. airports. NTIA endorsed the waiver in June, saying that members of the Interdepartment Radio Advisory Committee had reviewed it and didn’t object (see 2406040063). OET sought comment in 2023 (see 2307200030). “Liberty’s new High-Definition Advanced Imaging Technology will be deployed via upgrade kits to Legacy Systems and will permit them to transmit across spectrum bands ranging from 10-40 GHz,” OET said Thursday in docket 23-245: “Liberty states that the new system will improve transportation security by enhancing threat detection capability and speeding up airline passenger screening.” While Liberty’s scanner “sweeps over a larger frequency band than the Legacy System, it employs a higher sweep rate, which reduces the potential for causing harmful interference,” OET said. “We agree that adding the upgrade kit to the Legacy System not only corresponds to a lower duty cycle seen by the victim receiver but also reduces the interference potential of these devices.”
CTA CEO Gary Shapiro used his annual state of the industry address Tuesday to warn against the threat from tariffs expected under the administration of President-elect Donald Trump. Meanwhile, other speakers highlighted challenges consumers and industry will face as AI is added to smartphones and becomes a part of daily life.
CTA urged President-elect Donald Trump's administration to move with care on proposals for imposing higher tariffs on imports, warning they could result in sharp declines in the purchases of smartphones and other devices. With CES beginning in Las Vegas, CTA also projected retail revenue in the consumer tech industry of $537 billion this year, up 3.2% over 2024.
Federal appellate Judge Robert Luck repeatedly expressed skepticism Wednesday about the one-to-one robotext consent policy the FCC adopted a year ago (see 2312130019). During roughly 33 minutes of oral argument before the 11th U.S. Circuit Court of Appeals (docket 24-10277), Luck and Matthew Dunne from the FCC Office of General Counsel repeatedly circled around the issue of whether the agency went too far in implementation. The Insurance Marketing Coalition (IMC) is challenging the FCC order, arguing that the agency exceeded its Telephone Consumer Protection Act statutory authority (see 2405170005). Some observers had predicted the FCC could face an 11th Circuit having particular misgivings regarding regulatory agency reach (see 2412060029).
Hilliary Acquisition filed for a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit seeking the return of $841,128.25 the company made in down payments for 42 licenses when it was the high bidder during the 2020 citizens broadband radio service auction. Hilliary missed a scheduled payment and sought a waiver, but the FCC rejected its request, it told the court. The company said the agency won't make a refund “until such time as Petitioner’s defaulted licenses are re-auctioned and the final default payment can be calculated.” The FCC’s spectrum auction authority lapsed “after Congress failed to agree on the terms of extending that authority, meaning that fulfillment of the conditions the FCC stipulated for repayment of the held funds was impossible,” Hilliary said. The FCC has held the funds since Oct. 16, 2020, the company said. “The FCC’s auction authority has lapsed for over a year and a half and there is no way of knowing when, if ever, it will be reinstated.” Hilliary cited the Administrative Procedure Act, which, it said, requires the D.C. Circuit to “compel agency action unlawfully withheld or unreasonably delayed.” A writ of mandamus is appropriate “where (1) Petitioner has a clear and indisputable right to relief, (2) the government agency has a clear duty to act, and (3) Petitioner has no adequate alternative remedy,” Hilliary said.
Cable programmers could end the lawsuit against their Venu sports streaming partnership if they allowed multichannel video programming distributors to offer more customized programming bundles, LightShed Partners blogged Friday. The source of the Venu suit is that third-party distributors aren't offered "Venu-like bundles," LightShed said. The big bundle's future "is grim at best," and now might be a good time to allow MVPDs to offer smaller bundles and reduce or end minimum penetration requirements, it added. That could slow the demise of linear TV, though it also would hasten the end of non-core non-sports networks like MTV, TLC and USA, LightShed said. DOJ and various states are backing fuboTV in its litigation against Venu and its defense of a preliminary injunction against Venu (see 2408160040). Disney, Fox and Warner Bros. Discovery -- the Venu partnership -- is challenging the injunction. In a docket 24-2210 amicus brief last week filed with the 2nd U.S. Circuit Court of Appeals on behalf of fuboTV, 16 states and the District of Columbia said the "no duty to deal" doctrine -- under which businesses aren't liable for unlawful monopolization by refusing to do business with competitors -- doesn't shield those businesses from antitrust scrutiny of anticompetitive joint conduct. Signing the amicus brief were New York, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont and Washington. DOJ, in an amicus brief, dismissed the programmers' argument that it's not anticompetitive to stop rivals from getting unbundled sports channels because there's no antitrust duty to deal with distributors. "That argument is a red herring," and the appeal is about creation of Venu as a violation of the Clayton Act, DOJ said. Asked whether the change in administrations and the Donald Trump DOJ might have a different stance, a fubo spokesperson emailed that "we believe our issue is bipartisan."
President-elect Donald Trump and Republican FCC Commissioner Brendan Carr delivered additional bad news to broadcasters Tuesday about how the incoming administration may interact with them. Carr during an interview with Fox News that a news distortion complaint against CBS over its editing of an interview with Democratic presidential nominee Vice President Kamala Harris (see 2410170051) could affect the Skydance/Paramount Global deal. Carr said he planned to “reinvigorate” the legacy media by emphasizing broadcaster public interest obligations, and referred to the Skydance transaction as a possible example. “I'm pretty confident that news distortion complaint over the CBS 60 Minutes transcript is something that's likely to rise in the context of the FCC review of that transaction,” Carr said (see 2411010044). Paramount didn’t comment. Carr listed conferring with Trump and the space economy as priorities for his upcoming chairmanship. “The first thing is to get together with the president's team and make sure that I 100% understand his agenda,” Carr said: “After all, it is going to be his administration, and his agenda we’ll be pushing.” He also listed tech censorship, rural broadband and accelerating permitting for the satellite industry as priorities. Carr repeated plans for ending the FCC’s promotion of diversity, equity and inclusion policies (see 2411180059). “The idea that the [FCC] listed its second-highest strategic priority as promoting DEI, there's no place for that,” Carr said. “And when the transition is complete, when we come in, the FCC is going to end its promotion of DEI.” Trump said he would nominate Cantor Fitzgerald CEO Howard Lutnick, who heads the president-elect’s transition team, to be commerce secretary. Lutnick, just days before the Nov. 5 election, said the U.S. should auction broadcast spectrum to only outlets that “agree to be nonpartisan” (see 2410280037). Lutnick’s comments came amid Trump’s fights with several major broadcasters over election coverage. Lutnick “will lead our Tariff and Trade agenda, with additional direct responsibility for the Office of the United States Trade Representative,” Trump said: Lutnick as transition chief “has created the most sophisticated process and system to assist us in creating the greatest Administration America has ever seen.” USTelecom CEO Jonathan Spalter said in a statement the group could work with Lutnick and the Commerce Department “to advance America’s global connectivity leadership by deploying more broadband, collaborating to prevent cyber threats, and spurring innovation throughout the economy.”
Asset manager Gabelli, which holds a stake in Paramount Global, is asking the FCC to defer action on Skydance Media's proposed purchase of Paramount. In a docket 24-275 filing posted Tuesday, Gabelli said a deferral would provide it with sufficient time for an inquiry into the merger terms and "potential fiduciary and/or federal securities violations." Gabelli said that inquiry would let it know whether to initiate litigation for breach of fiduciary duty against Paramount's board, Skydance or National Amusements, which has a controlling stake in Paramount. The $8 billion transaction was announced in July (see 2407080025).
The Bureau of Industry and Security and DOJ are investigating U.S. mobile phone parts producer Lumentum for potentially violating U.S. export controls on shipments to Huawei, according to corporate filings.
The FTC is breaking the law by refusing to follow statutory mandates that would allow consolidation of lawsuits against the agency’s new click-to-cancel rule, said NCTA, the Interactive Advertising Bureau and the Electronic Security Association in a filing this week (see 2410240001).