Petitions to deny the transfer of UScellular authorizations and spectrum licenses to T-Mobile are due Dec. 9, the FCC Wireless Bureau said in a public notice posted Wednesday in docket 24-286. It said oppositions to petitions are due Jan. 8 and replies Jan. 28. The companies in May announced a $4.4 billion deal that would see T-Mobile buying UScellular's wireless operations (see 2405280047). T-Mobile also would pick up about 30% of UScellular's spectrum holdings, the bureau said.
The FCC “is not in the business of regulating content, full stop,” said Commissioner Anna Gomez Tuesday in a speech on the dangers of disinformation at The Media Institute’s Free Speech Gala. “Mis- and disinformation cloud our view of reality and inhibit our ability to discern the truth,” said Gomez, adding that “regulatory options are limited” in combating the problem. Modern technology and the decentralization of news have made it easier for false stories to spread further, Gomez said. She noted the response to hurricanes Helene and Milton as a recent example of the harms of disinformation. “Unworthy news sources” spread rumors that “dissuaded survivors from seeking help, and weakened morale among our first responders.” Gomez said “preserving local media” is a possible antidote to misinformation, because it offers “community specific information in an easy-to-access, reliable format.” As the U.S. “contends with a growing frequency in weather-related disasters, it is imperative that we make preserving local media a priority.” During the event, The Media Institute honored former FCC Chairman Richard Wiley with a lifetime achievement award. In addition, it presented former America’s Public Television Stations CEO Patrick Butler with the American Horizon Award. Cahill Gordon Senior Counsel Floyd Abrams, who represented The New York Times in the Pentagon Papers case, received the Institute’s Free Speech award.
NextNav's FCC petition on a proposed terrestrial complement to GPS for positioning, navigation and timing services is "a strong step toward addressing" the U.S.' national security PNT risk, according to cybersecurity expert David Simpson. The former head of the FCC's Public Safety and Homeland Security Bureau wrote Wednesday in Breaking Defense that a commission order establishing a ground-based PNT service category "would let the market introduce and sustain competitive solutions without the tail of a new federal program." Now Pamplin Business College Professor in Leadership and Cybersecurity at Virginia Tech, Simpson said that while the FCC is reviewing the record on the NextNav proposals, DOD and other agencies overseeing GPS should motivate a diverse mix of PNT solutions. NextNav provided partial support for a Simpson paper about the need for a terrestrial alternative for GPS PNT services (see 2409110035).
The FCC could potentially use merger conditions as a replacement for regulations the courts knocked down after the overturning of Chevron deference, said Jeffrey Westling, American Action Forum director-technology and innovation policy. In a blog post Wednesday, he wrote, “If the agency fails to defend its signature rules in court, it could follow the lead of the Biden Administration’s FTC and DOJ and use merger review as a venue for regulation through condition setting.” Westling pointed to device unlocking rules as an example: the agency is considering requiring broadband providers to unlock devices within a certain time frame, but some providers -- including T-Mobile -- are already subject to such requirements because of merger conditions. These conditions let the agency “go around existing rulemaking procedures,” are often negotiated in haste, and aren’t subject to judicial review, Westling said. The agency is reviewing a number of large telecom deals, including DirecTV/Dish, Verizon/Frontier and T-Mobile/USCellular, Westling noted. “How the FCC reviews these transactions can give additional insight into how the agency may approach its merger review process after the overturning of the Chevron doctrine.” If the agency begins using conditions to block acquisitions, then Congress should act to reign in the agency, or even take away the FCC’s merger review authority. Though transactions would still be subject to FTC or DOJ review, those agencies lack the FCC's expansive authority to impose conditions that aren’t related to competition, Westling said.
The FCC is eyeing undertaking its first major comprehensive review of its submarine cable rules in 23 years, Chairwoman Jessica Rosenworcel noted Wednesday as she announced the agency's Nov. 21 meeting agenda. Also on the agenda are additional robocall steps and a permanent process for authorizing geotargeted FM radio broadcasts, she said. While the technology, economics and security challenges involving submarine cables have changed notably since 2001, "FCC oversight has not," she said. That year saw the agency adopt procedures for streamlining the processing of landing licenses. The Stir/Shaken caller ID authentication framework is one of the FCC's most effective tools for mitigating deceptive robocalls, Rosenworcel said. With third parties used for Stir/Shaken implementation, Rosenworcel noted there have been "concerns about improperly authenticated calls and diminished accountability." The FCC will "vote to establish clear rules of the road for the use of third parties in the caller ID authentication process," she said. Industry groups urged the commission to allow third-party caller ID authentication last year (see 2307060045). In April, the FCC unanimously approved an order creating a temporary authorization process for broadcasters to use FM boosters to offer geotargeted ads. Along with that order, the agency sought comment on a more permanent process, which seems the focus of the November order. Geobroadcast Solutions, the primary company offering geotargeted FM tech to broadcasters, has pushed for the permanent authorization process to loosen restrictions on broadcasters offering geotargeting. GBS has called for the FCC to raise the number of commonly owned booster stations allowed to originate content and to increase the amount of time per hour the geotargeted content can be broadcast. The current limit is three minutes per hour. NAB and NPR have called for the FCC to closely monitor geotargeted radio users and impose additional interference protections. Two entities, Press Communications and REC Networks, have petitioned the agency to reconsider the original radio geotargeting order. The November agenda also has an unspecified enforcement item scheduled.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The California Public Utilities Commission should consider recent federal actions on incarcerated people's communications services (IPCS) before adopting a permanent intrastate rate cap, industry and consumer groups argued in comments posted Wednesday. However, The Utility Reform Network (TURN) and Center for Accessible Technology (CforAT) suggested lowering the cap again on an interim basis. The CPUC received comments Tuesday on a Sept. 30 staff proposal recommending a permanent intrastate rate cap of 4.5 cents per minute for IPCS voice calls.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, will likely redirect the panel's airwaves legislative focus toward a version of his 2024 Spectrum Pipeline Act (S-3909) next year should Republicans control the Senate after the Nov. 5 elections and he becomes chairman. Cruz could face continued headwinds from DOD's staunchest Capitol Hill backers if he pursues legislation similar to S-3909, lobbyists and others predicted. Current Senate Commerce Chair Maria Cantwell, D-Wash., hopes she can attach her rival Spectrum and National Security Act (S-4207) to an end-of-year omnibus package (see 2409170066).
NASA is conducting a visiting vehicle study with SpaceX, looking at the potential impact of SpaceX's second-generation constellation on International Space Station operations. In a letter posted Tuesday in docket 23-135, NASA said one aim of the study is ensuring "an appropriate and informed number of satellites are allowed to operate" in orbital shells below the ISS. SpaceX is seeking authority to operate below the ISS (see 2406210006). NASA said it and SpaceX "will continue to collaborate closely to finalize operational guidelines and establish comprehensive safety protocols" involving vehicles traveling to and from the ISS. Given that cooperation, NASA said it supports the FCC letting SpaceX operate up to 400 satellites in the orbital shells below the ISS. It said after the visiting vehicle study is done, it would coordinate any change to that number.
The FCC identified tentative selectees in three groups of mutually exclusive applications for noncommercial educational FM construction permits from the November 2021 NCE window, according to an order approved Monday. The order was approved 4-0. Commissioner Anna Gomez recused herself from the item, her office told us. New Beginnings Movement was selected for a permit in Seymour, Indiana, Vida Ministry for a permit in Texas, and Optima Enrichment and Waterloo Christian Radio to enter a time-sharing agreement for a permit in Wisconsin.