The National Religious Broadcasters and the American Family Association filed a joint petition for review asking that the 5th U.S. Circuit Court of Appeals overturn the FCC’s February Equal Employment Opportunity order. The EEO order requires that broadcasters file workforce diversity information with the agency using Form 395-B. The Media Bureau issued a public notice Monday announcing that the EEO order would take effect June 3 but said the compliance date hasn't yet been set because the information collection is still under the OMB Paperwork Reduction Act. The bureau will issue a subsequent PN announcing the compliance date, it said. The form was "suspended for 20 years for good reason and revived on highly questionable grounds,” NRB President Troy Miller said in a release late Friday. Requiring the information to be public and attributable to individual broadcasters, the FCC is “opening the door to third-party weaponization of the public file to target specific broadcast stations,” NRB said. The EEO order “violates the equal protection component of the Fifth Amendment and the Free Speech Clause of the First Amendment,” said the brief petition. Bringing back Form 395-B exceeds the FCC’s authority and is “an abuse of discretion,” the order said. America First Legal Foundation, a litigation nonprofit led by Stephen Miller, adviser of former President Donald Trump, is representing NRB and AFA in the case. It often represents conservative causes and entities. The petition for review comes on top of two appeals of the order filed at the FCC by religious broadcasters and groups objecting to the planned updating of Form 395-B to recognize nonbinary gender (see 2405010070).
WTA urged the FCC to consider "alternatives not involving waivers or amnesties" that will incentivize Rural Digital Opportunity Fund Phase (RDOF) I auction recipients who can't or won't build networks to relinquish their awards ahead of NTIA's broadband, equity, access, and deployment (BEAD) program (see 2404240050). The group said in a meeting with an aide to Chairwoman Jessica Rosenworcel that the FCC "must strictly enforce its auction rules, terms, and conditions." A waiver would "not only encourage future reverse auction participants to expect relief from unsuccessful bidding tactics" but also "open the door to increased judicial scrutiny," WTA said in an ex parte filing posted Monday in docket 19-126. The FCC should "condition an RDOF awardee's acceptance of the reduced default penalty" of 10% of a carrier's "total relevant RDOF support" on the awardee's "enforceable commitment not to seek BEAD grants for any of its relinquished RDOF service areas."
The FCC Wireline Bureau waived the commission's rules on several unserved locations that aren't subject to an enforceable commitment. An order appeared in Monday's Daily Digest (docket 10-90). The waiver covers enhanced alternative connect America model program locations within West Side Telephone Company's West Virginia study area where ClearFiber is no longer subject to a grant from the Rural Utilities Service, the bureau said. Otherwise, the locations would have been treated as served by ClearFiber due to the company's "federally enforceable commitment." The bureau also released additional guidance for enhanced ACAM recipients about the use of broadband availability data.
Indian Peak Properties seeks to vacate the FCC’s March 7 order denying its petitions for declaratory ruling, said its petition for review Monday (docket 24-1108) in U.S. Appeals Court for the D.C. Circuit. Indian Peak's petitions had sought a federal preemption under the commission’s over-the-air reception devices (OTARDs) rule of a decision by Rancho Palos Verdes, California, to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property. The FCC’s order denying Indian Peaks that relief was premised on a new “human presence” rule for OTARDs, the petition said. That means FCC staff found that Indian Peak failed to plead facts sufficient to establish a regular human presence at the property where the antennas were deployed. But such a “substantive rule” under the Administrative Procedure Act requires a notice-and-comment rulemaking to be legal and effective, said Indian Peak's petition. But “no notice was given, and the public was afforded no opportunity to comment on the new rule,” it said. Instead, the order announced this rule when it denied Indian Peak’s application for review before the commission, it said. The order also upholds FCC staff’s refusal to declare a proceeding, and hold in abeyance state court litigation, it said, The order thus “upholds staff’s violations of FCC rules of procedure,” it said. With its appeal, Indian Peak seeks reversal of these “arbitrary and capricious agency actions that are contrary to law,” and remand to the FCC “for treatment not inconsistent” with the D.C. Circuit’s opinion, it said. On remand and with the FCC’s grant of Indian Peak’s petitions, the local zoning ordinance would be preempted, and the company would be able to replace the disputed antennas on the rooftop of the property, it said.
Twenty Republican attorneys general support the 20 industry petitioners asking the 8th U.S. Circuit Court of Appeals to vacate the FCC’s digital discrimination order on grounds it exceeds agency authority and lacks clear congressional intent (see 2404230032). The AGs made their argument in an amicus brief Thursday (docket 24-1179).
Senate Communications Subcommittee Chairman Ben Ray Lujan (D-N.M.), Sen. J.D. Vance (R-Ohio) and four other senators joined forces Tuesday night to file an amendment to the FAA reauthorization bill that would allocate $6 billion to the FCC’s affordable connectivity program for FY 2024 and $3.08 billion to fully fund the Secure and Trusted Communications Networks Reimbursement Program. Senate leaders were still in talks Tuesday night on what amendments to the FAA package they would allow floor votes on in hopes of securing a time agreement to speed consideration of the measure.
CTIA President Meredith Baker said that policymakers must reverse course to change how spectrum is allocated in the U.S., moving away from too much focus on unlicensed and not enough on full-power licensed spectrum. The U.S. has allocated three times as much unlicensed spectrum as licensed, she said during a CTIA 5G Summit Monday. Baker noted the national spectrum strategy's focus on the lower 3 GHz and 7/8 GHz bands. “The studies of these bands have to start immediately and examine all options,” she said.
Caveonix platform for hybrid multicloud compliance automation and risk management, hires Elevate Security’s Mark Bagley as chief product officer ... Microdisplay developer Kopin promotes Greg Truman to vice president-business development, Europe, Middle East and Asia Pacific markets, newly created position ... Graybar, distributor of electrical, communications and data networking products, promotes Steven Bourbeau to district vice president-Chicago, effective June 1.
The FCC should scrutinize requests from restructuring radio group Audacy for expedited foreign-ownership review as part of the purchase of its stock by George Soros-affiliated entities (see 2404230054), said letters to Chairwoman Jessica Rosenworcel from Reps. Chip Roy, R-Texas, and Nicholas Langworthy, R-N.Y., posted in docket 24-19 Friday. In nearly identical replies, Rosenworcel told the legislators that Media Bureau staff “would review the record and decide if the transfer is in the public interest.” She added, “A copy of your letter will be placed into the record of the proceeding.” Transfer of control of Audacy, the nation’s second-biggest radio group, “to a fund that itself is owned by a deeply partisan individual, could have a fundamental impact on the nature of local radio and potentially silence political viewpoints,” Langworthy wrote. “I believe that this sale is the latest in a series of moves by a partisan, progressive billionaire to consolidate control over the media and flood hundreds of local radio stations with far-left ideology and propaganda.” Roy focused on Audacy’s request for an expedited review process. “The FCC’s review of this Soros transaction will naturally draw close public scrutiny,” Roy wrote. “It is imperative that the FCC run a fair and transparent process -- one that abides by the requirements of the law -- that thoroughly reviews the concerns posed by foreign ownership of American radio stations.” Roy said Rosenworcel should “commit to not creating a Soros shortcut” by May 7. Rosenworcel’s reply didn’t mention Roy’s deadline.
CTIA and member companies asked that FCC act on requests for waivers for 5G base station radios that work across citizens broadband radio service and C-band spectrum (see 2303100019). CTIA reported on a meeting with aides to Commissioner Brendan Carr, saying they discussed “how Samsung sought to deploy a less intrusive and more energy-efficient mid-band radio more than 600 days ago." Said the filing posted Friday in docket 23-93: “Ericsson also submitted a similar petition that still is not on public notice after more than 400 days. Both requests require a narrow waiver to exceed the 3.7 GHz Service power limits in one specific circumstance: when the radio is being tested.” Samsung Electronics America, Ericsson, Qualcomm and Verizon participated in the meeting.