Federal appellate Judge Robert Luck repeatedly expressed skepticism Wednesday about the one-to-one robotext consent policy the FCC adopted a year ago (see 2312130019). During roughly 33 minutes of oral argument before the 11th U.S. Circuit Court of Appeals (docket 24-10277), Luck and Matthew Dunne from the FCC Office of General Counsel repeatedly circled around the issue of whether the agency went too far in implementation. The Insurance Marketing Coalition (IMC) is challenging the FCC order, arguing that the agency exceeded its Telephone Consumer Protection Act statutory authority (see 2405170005). Some observers had predicted the FCC could face an 11th Circuit having particular misgivings regarding regulatory agency reach (see 2412060029).
The new Space Age, driven increasingly by commercial actors rather than superpowers, needs more competition and competitors, FCC Chairwoman Jessica Rosenworcel said Tuesday. "Our economy doesn’t benefit from monopolies," Rosenworcel told the audience at the SIA's DOD commercial satcom workshop in Crystal City, Virginia. Since space is "a challenging industry to enter," more effort is needed to ease the path for additional investors, innovators and competitors, she said. After her address, Rosenworcel declined to elaborate on her competition comments, but in the past she has said SpaceX poses a monopolistic threat (see 2409110014). Rosenworcel's address was largely a victory lap as she recapped space-related actions the FCC has undertaken during her administration. She said the agency "made real progress" on space-related priorities she laid out early in her term: revising rules, promoting innovation and protecting space sustainability. She said the Space Bureau creation signaled to other nations that they need to collaborate with the U.S. on space. Staffing the bureau and adding engineers and policy experts allowed the agency to be quicker and more nimble as a regulator, said Rosenworcel, noting it processed 74% more applications in 2023 than 2022.
Opponents of Skydance Media's proposed purchase of Paramount Global raised red flags over the buyer's alleged Chinese government ties and over possible sexual harassment issues. Petitions were filed in a new round of pleadings surrounding the $8 billion deal (see 2411150058). Center for American Rights petitioned the FCC that M&A approval includes conditions that New Paramount commits to addressing issues concerning Tencent Holdings, a Chinese company with alleged close ties to the Chinese Communist Party. Tencent is a major Skydance shareholder and CAR wants assurances Skydance will protect New Paramount from foreign influence. CAR also said the agency should condition approval on New Paramount addressing news bias and lack of viewpoint diversity in CBS' news operation and amending hiring and promotion policies that CAR alleges discriminate against white people. LiveVideo.AI petitioned that the agency should deny the transaction based on Jeff Shell's becoming New Paramount's president. Shell was fired from Comcast for inappropriate conduct with a female employee (see 2304240009). "There is a high likelihood that more female employees will be put in harm's way if this merger goes through without proper precautions and safeguards in place," it said.
T-Mobile has started soliciting beta test users for its supplemental coverage from space service, offered in partnership with SpaceX. "T-Mobile Starlink beta is coming soon," the wireless carrier said on its website. "Register now for a limited number of openings to beta-test satellite-powered messaging." The FCC Space Bureau gave a nod in November to T-Mobile and SpaceX commencing commercial operations (see 2411260043).
The FCC Wireline Bureau has granted the petitions of two carriers that sought to expand their Lifeline footprint, said an order in Tuesday’s Daily Digest. It granted requests for expanded designations as eligible telecommunications carriers from Conexon Connect for Florida and Scott County Telephone Cooperative in Tennessee and Virginia. The carriers were already designated as ETCs in their respective states in areas where they were authorized to receive Rural Digital Opportunity Fund support, but Tuesday’s order expands the areas in which they can participate in Lifeline. Conexon and SCTC’s petitions drew no opposition filings, the order said.
The Senate voted 83-12 Monday night to invoke cloture on the House-passed FY 2025 National Defense Authorization Act (HR-5009) with language that would authorize the AWS-3 reauction to offset $3.08 billion in funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2412110067). The chamber hadn't scheduled a final vote on the measure as of Tuesday afternoon, but it's expected to happen Wednesday. Meanwhile, House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., hailed the chamber's passage Monday (see 2412160062) of the Promoting U.S. Wireless Leadership Act (HR-1377), an amended version of the Expediting Federal Broadband Deployment Reviews Act (HR-3293) and Federal Broadband Deployment Tracking Act (HR-3343). “Bureaucracy and red tape have stopped too many Americans from accessing high-speed broadband,” Rodgers said. “I am proud of the work" of House Commerce members “to advance bipartisan priorities to speed up broadband deployment and close America’s digital divide. I want to thank these members for their commitment to these bills that will promote innovation and support American technological leadership in years to come.”
Lift the 2022 freeze on our equipment authorization account, or we will seek relief before the U.S. Court of Appeals for the D.C. Circuit, Hikvision told the FCC in an emergency request (docket 21-232) posted Tuesday. The FCC didn't comment. Hikvision said the freeze is causing "irreparable harm" because it can't submit applications for commission certification for any product, and thus can't offer updated products in the U.S. market. Hikvision said the indefinite, overly wide freeze violates the Secure Equipment Act’s directive to the FCC to prohibit authorization of “covered" devices, preventing applications even for non-telecom and non-video-surveillance equipment. Hikvision sued the FCC previously over the 2022 order, with the D.C. Circuit earlier this year rejecting Hikvision's arguments that its video cameras and surveillance equipment shouldn't be on the FCC covered list of unsecured gear, but agreeing that the agency's definition of critical infrastructure is too broad (see 2404020068). In its emergency request, Hikvision said the ban conflicts with the D.C. Circuit's decision, as the court put the onus on the FCC to provide a lawful justification before reimposing a ban. "Instead, the Commission has proceeded as if the D.C. Circuit’s ruling never happened, which violates the Court’s mandate," Hikvision said.
The FCC should grant broadcasters a brief retroactive waiver of the agency’s audible crawl rules to allow them to adequately display emergency information until the agency decides on a longer-term solution, nearly every commenter said in docket 12-107 responding to a recent NAB petition (see 2411290007).
Sen. Jerry Moran, R-Kan., clarified that he hasn’t yet been selected as Senate Communications Subcommittee chairman for the next Congress despite filling in during a subpanel hearing last week (see 2412110067) for current ranking member John Thune, R-S.D. Current Communications Chairman Ben Ray Lujan of New Mexico is hopeful but not certain that he will remain the subpanel’s lead Democrat next year. Rep. Brett Guthrie of Kentucky, who will be House Commerce Committee chairman in the next Congress, said he’s adding 10 current and incoming Republican lawmakers to the panel.
The Senate voted 85-15 Wednesday to pass the FY 2025 National Defense Authorization Act (HR-5009) with language that would authorize the AWS-3 reauction to offset $3.08 billion in funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program. The measure now goes to President Joe Biden, who's expected to sign it.