The FCC unanimously ordered Cumulus to pay a $26,000 penalty for a late annual equal employment opportunity report, over the objections of the broadcaster and the NAB (see 2203300067), said a forfeiture order Tuesday. “Cumulus’s characterization of the requirement to upload an Annual Report to the station online public inspection file and website as a mere administrative task undermines the Commission’s goal of ensuring meaningful public input via public access to the Annual Report,” said the order. The third-largest U.S. radio group, Cumulus reported a Q3 net revenue of more than $200 million. Cumulus had argued that although the report was filed late, it was completed on time and the FCC should have merely admonished the radio broadcaster. The agency rejected that argument, and said failing to upload a completed annual report analyzing EEO activities on time is the same as failing to conduct the analysis altogether. Cumulus also said the FCC shouldn’t adjust the penalty upward due to Cumulus’s multiple past EEO violations, because those occurred before the company’s bankruptcy reorganization. The FCC rejected those arguments, noting that many of the same executives still lead Cumulus. The company hasn’t provided evidence that bankruptcy proceedings are “intended to absolve licensees of the consequences of pre-bankruptcy violations of the FCC’s rules,” the order said. Unusually for an enforcement proceeding, NAB informally filed comments supporting Cumulus, which the FCC dismissed. “NAB offers no legal or procedural basis for submitting its nonparty filing,” the order said. “More broadly, NAB urges the Commission to apply a more balanced and reasonable approach to proposed forfeitures going forward, claims that are more appropriately raised in a petition for declaratory ruling.” The FCC reduced Cumulus’s forfeiture from the originally proposed $32,000, conceding that in the past the agency hasn’t treated late filed EEO reports the same as failing to prepare one. “Although nothing in our case law suggests that such a failure does not also amount to a violation of our self-assessment rule, Cumulus may not have had the requisite notice” of that policy, the order said. “Going forward, Cumulus and all other licensees are on notice” that the FCC will consider the timeliness of posting EEO reports when it considers if stations are meeting their EEO obligations, the order said. The FCC is considering a draft EEO order that would require additional workforce diversity reporting from broadcasters (see 2312220061).
The broadband equity, access and deployment program risks leaving multi-dwelling units across the U.S. unserved or underserved, broadband access advocates tell us. States are taking a variety of approaches to address MDU connectivity in their BEAD plans submitted to NTIA. These range from requiring connectivity for individual units to, in some cases, not addressing MDUs at all, our reading of BEAD volume 2 plans found.
The Vermont Community Broadband Board is seeking proposals from ISPs for a broadband, equity, access and deployment (BEAD) subrecipient support program, the VCCB said Thursday. The $1 million program provides needs-based grants that assist entities prepare a BEAD application. Applicants can receive $10,000 to $200,000 for activities including planning, analysis and outreach. Eligible entities include municipalities, cooperatives, utilities and for-profit and nonprofit entities. The VCCB said it will accept responses Jan. 29, Feb. 19 and March 18, or until all funds are exhausted or the board suspends the program.
Radio broadcaster Audacy’s bankruptcy restructuring won't signal a huge shift for radio but could discourage outside investment in the medium, industry analysts and media brokers said in interviews this week. Audacy’s bankruptcy is expected to proceed much like those of Cumulus and iHeartMedia, they added. “The industry has been through this before,” Tideline Partners media broker Gregory Guy said. Audacy has 230 radio stations in 46 markets and is the country’s second-largest radio group.
The five-year satellite disposal requirement that just went into effect won't trigger a faster pace of low earth orbit satellite launches as operators won't try to put vehicles in orbit under the regulatory wire, space experts tell us. In addition, the new rule shouldn't propel LEO missions to seek licensing in nations outside the U.S., they believe. The five-year deorbit rule adopted in 2022 (see 2209290017) covers all launches after Sept. 29.
NTIA may need Capitol Hill's help addressing spectrum authority issues, Michael Marcus, former FCC engineer and adjunct professor at Northeastern University, said in comments to NTIA on a national spectrum strategy. Section 323 of the Communications Act, which addresses interference issues, has never been amended, runs to just 214 words and uses terms that are “woefully anachronistic,” Marcus said. NTIA should request legislation replacing Section 323 with “legislative guidance on how the President and FCC resolve their respective rules.” But Marcus noted that crafting and approving legislation is difficult and it is rarely able to keep pace with a changing industry. One key issue is improving agency confidence in NTIA decisions, he said. NTIA and the FCC need additional resources to do a “more objective and timely analysis of the technical issues in spectrum sharing,” Marcus added.
The limited intent of the FCC Space Bureau grant allowing SpaceX to conduct supplemental coverage from space (SCS) operations over the G block (see 2312050029) is gutted by the thousands of SpaceX satellites involved, Dish Network said in a docket 23-135 reconsideration petition posted Wednesday. "At 10 days for each satellite, the authorization would be for the equivalent of centuries," Dish said, adding that the intended limits don't place meaningful boundaries on SpaceX's operations. It urged the grant be deferred or discontinued or limited to a sample of 10 SpaceX satellites. In a separate filing in the docket, Dish and new parent EchoStar (see 2401020003) called Omnispace's interference analysis of the 990-1995 MHz band (see 2310230035) "worthy of study." SpaceX launched its first batch of SCS-dedicated satellites this week (see 2401030032). It didn't comment Thursday on Dish's petition.
Wall Street might start looking at cable growth in 2024 as "a game of inches with growth and investment narratives dependent on short-term promotions and competitor offers rather than structural drivers," Barclays said in a note Thursday. Price hikes will likely be a focus again for the telecom industry in 2024 as they were during the past few years. Barclays also said a slowdown in cable subscriber growth due to issues such as competition from new entrants in a low-growth environment is likely to be exacerbated by Verizon and T-Mobile having greater access to spectrum for fixed wireless. An additional worry for cable is that AT&T is moving further into fixed wireless. Traditionally, cable grew through speed upgrades and price hikes. With Comcast and Charter offering minimum speeds "way higher than needed for most households," pricing becomes more important, Barclays said. However, price hikes come with trade-offs, it added, pointing to increased fixed wireless competition and wireless-only growth.
SpaceX's acknowledging it didn't assess whether its supplemental coverage from space service in the 2 GHz band will interfere with Dish Network operations (see 2312120057) shows SpaceX's application runs counter to FCC rules, as such an assessment is required, Dish told the FCC Space Bureau in a letter Thursday. SpaceX could have conducted an interference analysis based on information available about Dish's operations but "did not, and that fact ends the charade," Dish said. SpaceX didn't comment Friday.
A cable industry priority for the new year is opposing the FCC's proposal that requires MVPDs to refund subscribers for programming blackouts due to failed retransmission consent talks with broadcasters, ACA Connects President Grant Spellmeyer told Communications Daily. In an interview, Spellmeyer discussed his 18 months as ACA head (see 2205170043), video's declining -- but not negligible -- importance to his members, and cable's broadband equity, access and deployment (BEAD) program concerns. The following transcript was edited for length and clarity.