The FCC should reconsider the foreign-ownership waiver Audacy was granted, said the Media Research Center in a petition posted Tuesday. Previously, MRC filed a petition seeking denial of Audacy's request (see 2404230054). The agency didn't show the order was in the public interest and Chairwoman Jessica Rosenworcel "falsely asserted that her actions were backed up by precedent," said the MRC petition. Though the FCC has granted similar foreign-ownership requests linked to bankruptcies several times, MRC said those proceedings were different because not all of them involved waivers and none included a full commission vote. MRC's petition echoes Commissioner Brendan Carr's argument that bureau-level decisions don't set FCC precedent, making the Audacy order "unprecedented" even though the agency has taken similar actions several times since Carr became a commissioner. The FCC "should reconsider its grant of a waiver that creates a special [George] Soros shortcut for the takeover of Audacy, which owns the second-largest number of broadcast radio stations in the country," the petition said.
Indian Peak Properties has long flouted Rancho Palos Verdes land use laws and ignored neighbors, the California city said. In addition, the company is using its appeal before the U.S. Court of Appeals for the D.C. Circuit "as a post hoc end-run around five different state or federal court rulings and two prior [FCC] rejections," it added. In an amicus brief filed Monday with the appellate court (docket 24-1108), the city said the company, operating from a home, is trying to get protection of FCC rules by expanding the agency's over-the-air reception devices (OTARD) rule in a way the commission didn't envision, the statute didn't authorize and that is inconsistent with legislative intent. Indian Peak is appealing an FCC order denying its petitions for declaratory ruling seeking a federal preemption under the OTARDs rule of a decision by Rancho Palos Verdes to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property (see 2405060035). Rancho Palos Verdes urged dismissal of Indian Peak's appeal. The city said Indian Peak's arguments that its first FCC petition, sent in April 2020, should have stayed all ongoing proceedings in the California courts "is a manifest abuse of the process and a misreading of governing law."
Fans and critics of the proposal giving very-low power (VLP) devices greater access to the 6 GHz band (see 2410040055) are lobbying the 10th floor. The band's U-NII-6 and U-NII-8 portions are key to broadcasters' electronic news-gathering (ENG) operations and face particular threat from increased indoor and outdoor unlicensed operations, NAB said in a filing posted Tuesday in docket 18-295. In meetings with FCC Chairwoman Jessica Rosenworcel's office and the Office of Engineering and Technology, NAB said broadcasters are concerned VLP unlicensed devices might operate at power levels similar to those that licensed mobile ENG equipment use. Reserving "a mere 55 MHz" for licensed mobile use would be a "safe harbor" for ENG, it said. Apple, Broadcom, Google and Meta, meeting with the offices of Commissioners Nathan Simington and Anna Gomez, said VLP access to the U-NII-6 and U-NII-8 portions will mean more spectrum available for emerging portable applications, thus improving channel availability and performance. They said the risk of harmful interference from VLP devices to fixed service, broadcast auxiliary service and satellite networks is tiny.
If the FCC grants Axon Enterprise a waiver to market surveillance devices using the 5725-5850 MHz (U-NII-3) band (see 2402060082), then it shouldn't entertain requests to use bands like U-NII-3 for other noncompliant analog devices, NCTA said in a docket 24-240 filing posted Tuesday. Recapping a meeting with FCC Chairwoman Jessica Rosenworcel's office, NCTA said the commission should state clearly that Axon and other parties shouldn't count on a waiver being precedent for additional devices. NCTA discussed potential conditions, including the devices -- which are intended to be mobile -- not using a fixed infrastructure or being mounted on indoor or outdoor structures, and operating only on batteries and only for short durations.
Broadband VI asked the FCC this week to extend its deadline to reach its next deployment obligation under the Connect USVI Fund. The company must reach a 40% deployment obligation by Dec. 31 (see 2304190063). In a petition posted Tuesday in docket 18-143, Broadband VI cited "continuous unforeseeable, uncontrollable, and unavoidable delays" in deploying fiber. The company said it's also yet to receive permits from the USVI Department of Public Works and has "faced difficulties in securing pole attachment authorizations to install fiber on Water and Power Authority."
The FCC will coordinate with the California Privacy Protection Agency (CPPA) on privacy efforts, the federal agency said Tuesday. The FCC’s privacy and data protection task force signed a memorandum of understanding with the CPPA, which is charged with rulemaking and enforcement related to California privacy laws, including the California Consumer Privacy Act. Under the pact, the two agencies will “share close and common legal interests in working cooperatively to investigate and, where appropriate, prosecute or otherwise take enforcement action in relation to privacy, data protection, or cybersecurity issues.” FCC Chairwoman Jessica Rosenworcel said, “Coordinated state and federal partnerships like this are essential to our privacy work.” CPPA Executive Director Ashkan Soltani said the partnership will “help increase trust and security in the digital marketplace.” CPPA Enforcement Head Michael Macko added, “collaboration is key to vigorous enforcement.” Also Tuesday, the CPPA released an agenda for its Nov. 8 board meeting. The agency may vote to advance draft rules, including on automated decision-making technology, risk assessments, and cybersecurity audits, to a formal rulemaking, it said. The board also has plans for considering possible changes to data broker registration requirements.
State broadband regulators and industry officials highlighted efforts at addressing pole attachment processes to facilitate broadband deployment Tuesday. During an FCBA webinar (see 2312130044), some mentioned increased coordination among utilities, attachers and other stakeholders to streamline the process and enable faster deployment. Several highlighted workforce issues as a barrier.
Commerce’s proposed restrictions on sales or imports of connected vehicles using hardware or software tied to Russia or China (see 2409220001) is seeing pushback from communications and tech industry and adjacent groups over the compliance deadlines. Comments in the NPRM (docket 240919-0245) were due Monday. Some see the Commerce Bureau of Industry and Security (BIS) NPRM as pointing toward a wider eventual campaign against all connected Chinese and Russian devices (see 2409250006).
NARUC Telecom Committee Chair Tim Schram seeks better coordination and greater cost sharing related to digging amid an influx of government funding for broadband deployment, the Nebraska Republican said in an interview. NARUC circulated draft resolutions Tuesday for the state utility regulator association’s Nov. 10-13 meeting in Anaheim. In addition to a Schram proposal about coordination, the Telecom Committee plans to weigh drafts on optimizing phone number resources and defending the constitutionality of the federal universal service fund (USF) surcharge mechanism.
Broad FCC approval of a SpaceX/T-Mobile direct-to-device commercial service should come soon, some agency watchers say. The FCC earlier this month gave the two special temporary authority to provide service in areas affected by hurricanes Helene and Milton (see 2410070049 and 2410100054). With that and AT&T and SpaceX seemingly agreeing on how the D2D service could operate in the near term without interfering with AT&T's terrestrial wireless operations (see 2410210002), "I'm a little surprised" the FCC hasn't given the green light yet, spectrum and satellite consultant Tim Farrar told us. The commission didn't comment. Its Space Bureau late last year approved limited supplemental coverage from space operations in G-block spectrum so SpaceX satellites' antennas for D2D service could be checked (see 2312050029).