The challenged FCC declaratory ruling authorizing E-rate funding for Wi-Fi on school buses “defies unambiguous statutory limits on the FCC’s authority,” said Maurine and Matthew Molak's opposition Friday (docket 23-60641) to the FCC’s Feb. 6 motion to dismiss their petition for review in which the Molaks ask the 5th U.S. Circuit Court of Appeals to vacate that ruling (see 2402070002).
The in-space servicing, assembly and manufacturing draft NPRM on the FCC's February agenda would set an overall ISAM licensing framework, but just as important is the NPRM's very existence, space experts tell us. “It's the arrival of ISAM as a serious part of the space economy," said Stephen Ganote, head of the space team at management consultancy Oliver Wyman. A 5-0 approval is likely, space experts say.
An FCC draft order allowing broadcasters to use FM boosters to originate geotargeted radio content would initially require that stations seek special temporary authority grants, agency and industry officials told us. In addition, they said the grants would permit use of the geotargeted content for a maximum of three minutes per broadcast hour. A further notice included with the item seeks comment on rules for a more permanent application process replacing the STA grants, which will need to be renewed every six months.
Wireless carriers are concerned and have many questions about the administration's processes for proposed studies under the national spectrum strategy that will examine the future of five bands as part of a possible spectrum pipeline, industry and government officials said. Carriers are most concerned about two bands, the lower 3 GHz and 7/8 GHz, which they see as possible spectrum for full-power licensed use. Meanwhile, USTelecom CEO Jonathan Spalter urged the leaders of the House and Senate Commerce committees Thursday night to reach a deal on legislation to “unite behind a national spectrum strategy” and reinstate the FCC’s lapsed auction authority.
The FCC Media Bureau proposed a $720,000 fine against Nexstar for violating retransmission consent negotiation rules. In a notice of apparent liability in Thursday's Daily Digest, the bureau sided with Hawaiian Telecom in concluding that Nexstar breached its good-faith negotiation duties when it proposed renewal terms that would have barred HT from filing complaints with the FCC. The bureau said HT didn't meet its burden of proof on its assertion that Nexstar also violated the good-faith rules when it did not extend their retrans consent agreement until the parties reached a new agreement or an impasse. The proposed fine totals the $120,000 levied for each of the six Nexstar-licensed stations involved. Nextar emailed that it “believes the proposed forfeiture is unwarranted, excessive, and in violation of the law and we will challenge the FCC’s action.” HT and Nexstar reached a deal in July after a more than three-week blackout (see 2307210045).
California could be first in the nation to codify the FCC’s definition of digital discrimination into state law. Assemblymember Mia Bonta (D) introduced AB-2239 on Wednesday, the California Alliance for Digital Equity said Thursday. “This bill would state the intent of the Legislature to adopt subsequent legislation that codifies a definition of ‘digital discrimination of access’ in state law that conforms to the definition adopted by the Federal Communications Commission,” said a legislative digest on the measure. In a November order (see 2311150040), the FCC defined “digital discrimination of access” as “policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact.” Defining digital discrimination could help move a proceeding on digital redlining at the California Public Utilities Commission, said Shayna Englin, California Community Foundation director-digital equity initiative, in an interview. The proceeding stalled amid argument about the definition, said Englin. CPUC digital redlining rules would guide the agency in the years ahead as it distributes $8 billion state and federal broadband funding, she said. Englin predicted a fight between digital equity advocates and the telecom industry, which is expected to oppose AB-2239. The California Broadband and Video Association is reviewing the legislation, said a spokesperson for the state cable group. USTelecom declined to comment. The Los Angeles City Council passed a similar law at the local level last month.
CTIA representatives raised concerns on parts of an FCC robocall item, teed up for a vote Feb. 15, which codifies some robocall rules while asking about applying protections in the Telephone Consumer Protection Act to robocalls and robotexts from wireless carriers to their own subscribers (see 2401250068). CTIA met with aides to Chairwoman Jessica Rosenworcel and Commissioners Geoffrey Starks and Anna Gomez, said a filing posted Thursday in docket 02-278. Proposals in the draft Further NPRM could undermine “the Commission’s consumer protection goals by compromising wireless providers’ ability to send valuable, wanted messages pursuant to the plain language of the TCPA” and the commission’s “longstanding recognition that the statute does not reach the communications made by wireless providers to their subscribers at no charge,” CTIA said.
The Schools, Health and Libraries Broadband Coalition, an intervenor on the FCC’s behalf in opposing the petition for review brought by Maurine and Matt Molak to block the use of E-rate funds for Wi-Fi on school buses (see 2401250002), supports the FCC’s motion to dismiss the Molaks’ case for lack of jurisdiction (see 2402070002), the coalition wrote the 5th U.S. Circuit Court of Appeals in a letter Wednesday (docket 23-60641). The Molaks weren't part of the proceedings before the FCC to use E-rate funds for school bus Wi-Fi, and the commission argued that participation was “a condition precedent” to judicial review under the Communications Act, plus “a jurisdictional requirement” under the Hobbs Act.
In light of the FCC’s notice Wednesday to the U.S. Judicial Panel on Multidistrict Litigation that 10 petitions for review are pending in six appellate courts, all challenging the commission’s Nov. 20 digital divide order (see 2402070058), the 8th U.S. Circuit Court of Appeals will hold the two petitions under its watch in abeyance, said its two separate orders Thursday. The petitions are from the Minnesota Telecom Alliance (docket 24-1179) and the Missouri Internet & Television Association (docket 24-1183). The cases will be held in abeyance pending further order from the panel, said the orders.
House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., said Thursday she won’t seek reelection. “After much prayer and reflection, I’ve decided the time has come to serve … in new ways,” she said. “We will spend this year honoring the Committee’s rich history -- plowing the hard ground necessary to legislate on solutions to make people’s lives better and ensure America wins the future,” Rodgers said. She became the lead House Commerce Republican in 2021 after previous panel GOP head Greg Walden of Oregon retired (see 2012020070). Rodgers has had a lead role in many major communications and tech policy debates since succeeding Walden, including as lead sponsor of the House Commerce-cleared Spectrum Auction Reauthorization Act (HR-3565), the panel’s privacy legislative talks and scrutiny of the FCC’s affordable connectivity program (see 2312150068). House Commerce ranking member Frank Pallone, D-N.J., said he's “sad to hear” Rodgers is retiring, but “I’m glad we have about a year left to get some important priorities across the finish line together.” Getting “things done around here is hard work, but Cathy and I have been able to get important legislation” to “move the ball forward on establishing a comprehensive national data privacy standard,” Pallone said. “Her departure will be an incredible loss for Congress, which I know she cares about deeply.” House Communications Subcommittee Chairman Bob Latta, R-Ohio, praised Rodgers’ “guidance and steady, principled leadership": “It would be an understatement to say her work within [House Commerce] has had a profound and positive impact on people and communities across the country." Rodgers’ departure means the House Commerce lead Republican seat for the next Congress is open. Some telecom lobbyists quickly tipped Latta as a likely contender, along with Congressional Spectrum Caucus co-Chair Brett Guthrie of Kentucky. Latta competed against Rodgers and Rep. Michael Burgess of Texas for the House Commerce GOP leadership in 2020 (see 2011180028). Burgess is among 11 other House Commerce members retiring at the end of this Congress. The others: Kelly Armstrong, R-N.D.; Lisa Blunt Rochester, D-Del.; Larry Bucshon, R-Ind.; Tony Cardenas, D-Calif.; John Curtis, R-Utah; Jeff Duncan, R-S.C.; Anna Eshoo, D-Calif.; Debbie Lesko, R-Ariz.; Greg Pence, R-Ind.; and John Sarbanes, D-Md. Ex-Rep. Bill Johnson, R-Ohio, was a House Commerce member when he resigned last month to become Youngstown State University president (see 2401020056).