WTA and a group of healthcare entities filed amicus briefs at the U.S. Supreme Court urging the court to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program. The briefs supported arguments of the FCC (see 2501090045), the telecom industry and public interest groups (see 2501100057). Consumer group Public Citizen warned of negative effects beyond the FCC if SCOTUS upholds the 5th Circuit decision. Consumers' Research challenged the contribution factor in the 5th Circuit and other courts.
FCC Chairwoman Jessica Rosenworcel's final monthly meeting was largely a victory lap for the outgoing leader, with commission officials offering more than two hours of testimony Wednesday detailing accomplishments during her tenure. Also, Commissioner Anna Gomez criticized what she called an "apparent campaign to bring broadcasters and content platforms to heel" -- a seeming jab at Commissioner Brendan Carr's commitment to battle a "censorship cartel" (see 2411180059, 2412160052 and 2411080046).
President-elect Donald Trump said Thursday he plans to nominate Senate Armed Services Committee Republican staffer Olivia Trusty to the FCC seat current Chairwoman Jessica Rosenworcel will vacate on Monday. Multiple former FCC officials and communications sector lobbyists told us they expected Trump would also announce Arielle Roth, the Senate Commerce Committee's Republican telecom policy director, as his pick for NTIA administrator as soon as Thursday. A range of ex-FCC officials and other observers previously tipped Trusty and Roth as the top contenders for the Rosenworcel seat.
The FCC denied four challenges against broadcast stations at the bureau level in what outgoing Chairwoman Jessica Rosenworcel said is “a stand on behalf of the First Amendment.” In two orders and two letters, the agency rejected three complaints from the Center for American Rights against stations owned by CBS, ABC and NBC, and a third against a Fox-owned station from the Media and Democracy Project. The Center for American Rights complaints accused NBC of violating the FCC’s equal opportunity rules with a Saturday Night Live appearance by Vice President Kamala Harris, CBS of violating the news distortion rules by editing an interview with Harris, and ABC for its moderation of a presidential debate between Harris and President-Elect Donald Trump. The MAD filing called for the FCC to hold a hearing on Fox’s fitness to hold FCC licenses in the wake of a 2023 Superior Court of Delaware ruling on a motion for summary judgment in Dominion Voting System’s defamation case against Fox over its 2020 election reporting. The CBS and ABC complaints were rejected by the Enforcement Bureau, the Fox and NBC filings by the Media Bureau. “The action we take makes clear two things,” said Rosenworcel in a released statement. “First, the FCC should not be the President’s speech police. Second, the FCC should not be journalism’s censor-in-chief.” Incoming FCC Chair Brendan Carr has indicated support for the CAR filings.
Tencent's investment in Skydance Media should give the FCC pause, considering Tencent is a member of DOD's list of Chinese military companies operating in the U.S., the Center for American Rights said Tuesday. CAR petitioned the agency to put conditions related to Chinese control on any approval of Skydance's proposed purchase of Paramount Global (see 2412170038). CAR said the fact DOD considers a Skydance founding investor to be a “Chinese military company” should refute the FCC presumption that foreign-ownership interests of 5% or less aren't generally contrary to the public interest. It said the FCC could condition approval on New Paramount having board diversity through board members coming from different geographies, industries, backgrounds and political persuasions; its locating of executive and editorial staff in cities besides New York and Los Angeles; creation of an "independent, empowered, balanced ombudsman"; or committing to "an ideologically diverse hiring pipeline." Chicago-based CAR last fall filed news distortion complaints against CBS over the network's interview with Vice President/Democratic presidential nominee Kamala Harris (see 2410170051) and an equal-time complaint against NBC and its WNBC New York over Harris' appearance on Saturday Night Live just prior to Election Day (see 2411050049).
Comcast “should pay a BIG price” for programming that is “simply political hits, 100% of the time, to me and the Republican Party,” President-elect Donald Trump wrote in a post on Truth Social early Tuesday morning. It was the latest in a series of threatening comments Trump has made about Comcast-owned NBC and other networks (see 2409230022). Trump’s FCC Chairman-designate, Commissioner Brendan Carr, has also broadly condemned the networks (see 2412030044). NBC is “run by a truly bad group of people,” and Comcast is run by “Scum,” Trump wrote in the post, which also blasted NBC late-night host Seth Meyers. “These guys should be paying a lot of money for the right to give these ‘in kind’ contributions to the Radical Left Democrat Party.” Comcast didn't comment.
Pointing to the FCC's retransmission blackout reporting order released earlier this month (see 2501060032), Altice USA discussed the current Nexstar blackout (see 2501130068). In a docket 23-427 filing posted Tuesday, Altice said Nexstar continues insisting on including WPIX New York in the negotiations despite the FCC's proposed $1.8 million forfeiture against Nexstar and Mission Broadcasting over allegations that the companies misrepresented Nexstar’s control of WPIX (see 2403220067). Altice said Nexstar, in the retrans talks between the two, "is demanding exorbitant rate increases."
OMB shouldn’t approve the information-collection requirements associated with the FCC’s most recent foreign-sponsored content rules, said NAB in comments posted Tuesday in docket 20-299 responding to the agency's Paperwork Reduction Act notice on the rules. The rules don’t comport with the PRA, the First Amendment or the Communications Act, said NAB, which has also challenged the rules at the U.S. Court of Appeals for the D.C. Circuit (see 2412100070). Commissioner Brendan Carr, the FCC's incoming chair, partially dissented from the order approving the rules in May (see 2406100063). The FCC “continues to underestimate both the number of respondents and responses and the burdens of compliance, especially in light of the last minute dramatic expansion of the scope of its rules,” NAB said in the comments Tuesday. “Absent disapproval, OMB should at least require the Commission to gather more data and develop more accurate estimates in connection with the proposed information collections and make changes to minimize the burden on affected respondents.”
The FCC Office of Engineering and Technology on Tuesday approved Piper Networks' request for a waiver of rules allowing use of its enhanced transit location system in the metropolitan Boston area (see 2411080021). The system operates in the 4243-4743 MHz band, and Piper sought an expansion of its current waiver. “We find that granting Piper’s request to operate its system in the greater Boston area is in line with the waiver’s intent and serves the public interest,” OET said: “We are not aware of any reported harmful interference to existing services resulting from Piper’s operations, and we see no reason why a geographic expansion under the same technical restrictions would alter this dynamic.”
The Fixed Wireless Communications Coalition (FWCC) objected on Tuesday to one aspect of a December order by the FCC Office of Engineering and Technology that conditionally approved Axon Networks’ plan to operate an automated frequency coordination (AFC) system to manage access to the 6 GHz band by standard-power unlicensed devices (see 2412060046). FWCC complained that OET “arbitrarily” departed “from Commission policy” by permitting Axon to shorten its public trial period to 20 days, instead of the usual 45. “OET fails to meet the standard for agency decisionmaking because shortening the public trial period will result in disparate treatment among similarly situated AFC applicants,” said a filing in docket 21-352: The decision “constitutes an impermissible policy change because the change was made without good reason.”