Representatives of major trade associations stressed to the FCC that a cyber trust mark program for smart devices (see 2311130034) must remain voluntary. “The Trade Associations highlighted several factors that will be necessary in order to make the FCC’s proposed Labeling Program a success,” the reps told Public Safety Bureau Chief Debra Jordan and others from the bureau, said a filing posted Tuesday in docket 22-239 from by CTA, the Connectivity Standards Alliance, CTIA, the National Electrical Manufacturers Association and USTelecom. The program should “leverage” the work of the National Institute of Standards and Technology and industry standards and “allow for self-attestation,” the groups said. “Preemption and safe harbors are critical to the Labeling Program’s success,” they said: The program “should be launched at the device level but should allow for expansion to the product level in the future.”
CTIA sought a 12-month extension to the FCC's current six-month deadline for carriers to implement new rules protecting consumers from SIM swapping and port-out fraud. Commissioners approved the rules 5-0 in November (see 2311150042). “CTIA seeks a targeted revision to the Order to ensure that providers have adequate time to develop the comprehensive systems and processes needed to implement the new rules and best serve the Commission’s and industry’s shared goals,” said the petition, posted Tuesday in docket 21-341. “The Order underestimates the time needed for providers to implement the new rules,” CTIA said: Eighteen months is “the minimum window needed to complete the needed changes across the varied and complex systems impacted by the Order’s new authentication, notification, recordkeeping, and other requirements as well as other new rules by the Commission that impact some of these same systems.” CTIA noted that providers “already have robust protections in place such that consumers and businesses will not be left unprotected during this transition period.” CTIA warned that the record didn't support the deadline in the order, calling the decision “arbitrary and capricious.”
More funding is "urgently needed" to maintain the FCC's affordable connectivity program, Chairwoman Jessica Rosenworcel told lawmakers in a letter Monday. Reps. Yvette Clarke, D-N.Y., and Brian Fitzpatrick, R-Pa., plan to introduce legislation Wednesday that would provide ACP with stopgap funding, though Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), communications policy-focused lobbyists told us.
CTA is fighting the same policy battles today it has been fighting for years, CTA President Gary Shapiro said at the start of CES in Las Vegas Tuesday. Every company “can be, or perhaps should be, a tech company,” he said. “We’re urging policymakers in Washington, and around the globe, to adopt rules and laws that protect consumers but also promote innovation and growth,” Shapiro said. “That means developing lighter touch rules” supporting existing businesses and those seeking market entry, Shapiro said.
The FCC is adopting, 3-2 along party lines today, an NPRM on circulation seeking comment on a requirement MVPDs refund subscribers affected by programming blackouts due to retransmission consent negotiations, a 10th-floor official tells us. Commissioners in December adopted, 4-0, a companion NPRM requiring MVPDs to notify the agency of blackouts due to failed retrans talks. Commissioner Nathan Simington expressed skepticism at the legal basis cited for the reporting requirement.
Numerous satellite operators welcomed the idea of expanding the range of minor satellite and earth station modifications that can be done without having to first notify the FCC. But support was far more mixed in docket 22-411 filings posted Tuesday when it came to use of deadlines on FCC decisions regarding applications. Commissioners in September by a 4-0 vote adopted a Further NPRM regarding streamlining of satellite and earth station applications (see 2309210055). Reply comments in the docket are due Feb. 6.
Urging clarity in FCC rules governing cable operators' compensation for franchise obligations, counsel for state and local interests met with aides to Commissioner Anna Gomez seeking a proceeding that clarifies compensation must be at marginal cost, not fair market value. In docket 05-311 filed Monday, the localities said the agency also should clarify that franchise authorities must pay the marginal cost of using institutional networks, not the construction cost of an institutional network that serves others, such as small businesses and other nonresidential consumers. In addition, they urged repeal of the mixed-use rule as part of proceedings clarifying franchise obligations. Boston, Dallas, Los Angeles County, Hawaii and the National League of Cities were among the interests represented.
The Communications Act is clear, and Dish Network responses to CNZ Communications' must-carry complaint are effectively asking the FCC Media Bureau "to stand on one foot, put on a pair of oversized sunglasses, and spin around five times, to try to find a different meaning," CNZ said Monday in docket 12-1. In its December complaint, CNZ, the licensee of WGBP-TV Opelika, Alabama, urged the agency to compel carriage in the Columbus-Opelika and the Atlanta designated market areas. In its answer last week, Dish said the rules give WGBP the power to elect mandatory carriage in the entire Columbus DMA -- the DMA containing its community of license -- or in the Atlanta DMA plus the county in the Columbus DMA incorporating WGBP's community of license, but that Dish isn't obligated to carry the station through two entire DMAs. Nielsen assigns the station to the Atlanta DMA. Mandatory carriage requirements have never extended to full DMAs, Dish said. In its response Monday, CNZ said the bureau in a must-carry complaint brought against DirecTV made clear that the station could assert mandatory carriage rights in the Atlanta and Columbus markets. It termed meritless Dish's concerns that a requirement for the station to be carried through the Columbus DMA would result in a deluge of similar requests from other stations. The Media Bureau denied the DirecTV must-carry complaint (see 2201050031).
NAB Deputy General Counsel Patrick McFadden has joined Sinclair as senior vice president-global public policy and communications, according to a news release from Sinclair Monday. McFadden "will be responsible for overseeing the development and implementation of Sinclair’s comprehensive legislative and regulatory strategy" and "oversee Sinclair’s strategic communications and messaging," said the release. McFadden was with NAB for 10 years, and among his most recent duties was overseeing the Future of TV Initiative, the public/private ATSC 3.0 task force that includes FCC participation. Although Sinclair participates in the task force, NAB told us NAB staff will continue to oversee the group's administration. Prior to NAB, McFadden practiced telecommunications law for Drinker Biddle.
Audacy entered Chapter 11 bankruptcy proceedings and will undergo restructuring, the radio broadcaster announced in a news release Sunday. The restructuring will reduce Audacy’s funded debt from approximately $1.9 billion to around $350 million, it said. Audacy said it doesn’t expect operational impact from the restructuring, and debt holders will receive equity in the reorganized company. “The perfect storm of sustained macroeconomic challenges over the past four years facing the traditional advertising market has led to a sharp reduction of several billion dollars in cumulative radio ad spending,” Audacy CEO David Field said in the release. “These market factors have severely impacted our financial condition and necessitated our balance sheet restructuring.” Audacy’s Chapter 11 proceedings will be held in the U.S. Bankruptcy Court for the Southern District of Texas (docket No. 24-90004), and the company now has a restructuring website. Audacy expects the court to hold a hearing on the bankruptcy plan in February and the company to emerge from bankruptcy after receiving FCC regulatory approval, the release said.