The FCC's over-the-air reception devices (OTARDs) rule clearly requires a regular human presence at an antenna's location, and the agency had plenty of evidence that Indian Peak Properties failed to argue its antenna fell within the rule's scope, the commission told the U.S. Court of Appeals for the District of Columbia Friday. Indian Peak is appealing an FCC order denying Indian Peak's petitions for declaratory ruling seeking a federal preemption under the 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 (see 2405060035). In a docket 24-1108 respondent brief, the FCC said Friday that using the service provided by the antenna requires a human presence. It "does not mean it can put an antenna on an empty building and claim the Rule’s protection from valid zoning laws," the FCC said. The commission said that while Indian Peak argues the FCC should have put the company's petitions on public notice, initiating a proceeding, not doing so didn't deprive Indian Peak of the antennas' use, as it was the city, using California courts and their due process, that resulted in Indian Peak removing its antennas.
The American Bankers Association, CTIA, Electronic Privacy Information Center, National Consumer Law Center and USTelecom asked the FCC to extend until Nov. 25 the reply comment deadline for its NPRM and notice of inquiry aimed at reducing unwanted AI robocalls (see 2410110039). The current Oct. 25 deadline "provides very little time" to "thoroughly review and respond to the large volume of comments," the coalition said in a joint motion posted Monday in docket 23-362.
Verizon formally asked the California Public Utilities Commission to approve its $20 billion acquisition of Frontier Communications. California and many other states will review the deal, which was announced last month (see 2409050010). The companies also filed an application at the FCC last week (see 2410160049). “Verizon possesses the financial standing and expertise necessary to optimize Frontier’s networks,” the companies said in their Friday application at the CPUC. “By leveraging its significant financial strength, capital resources, and unparalleled technology, tools, and training, Verizon will build on Frontier’s post-bankruptcy efforts since April 2021 to deliver better service, increase value, and offer more choice to current Frontier customers.” The transaction’s benefits “will be achieved with no offsetting public interest harm, as Verizon and Frontier do not materially compete and have no plans to do so,” they added.
A coalition of banking and utility companies urged that the FCC adopt a draft order that was removed from consideration during its September open meeting (see 2409200036). The American Bankers Association, America's Credit Unions, ACA International, Bank Policy Institute, Mortgage Bankers Association, Student Loan Servicing Alliance, and Edison Electric Institute said in a meeting with an aide to Commissioner Brendan Carr that the draft order's proposal that requires wireless providers to offer email-to-text as an opt-in service will "significantly reduce the use of email-to-text to send illegal text messages." Texts impersonating legitimate businesses "harm consumers and undermine those business' ability to communicate with their customers," the coalition said in an ex parte filing posted Monday in docket 17-59.
Fraud isn't a valid reason to reject an FCC proposal requiring that all mobile wireless providers unlock handsets, as there are ways to reduce fraud risk, according to the cable industry. In a docket 24-186 filing Monday, it urged a 180-day period after a provider initiates service before unlocking is required, instead of the FCC's proposed 60 days. It said the shorter span often isn't enough time for a customer to identify fraud, such as through an unauthorized credit card charge, and get the issue resolved before the handset gets unlocked. It said the agency also should make clear a provider has the ability to decline an unlocking request if it has a good-faith belief the handset is subject to fraud. Cable representatives want a transition period of at least six months before unlocking rules take effect, letting providers update their internal procedures. The filing recapped meetings NCTA, Comcast, Charter and Cox Communications conducted with the offices of FCC Chairwoman Jessica Rosenworcel, Commissioners Brendan Carr, Geoffrey Starks and Nathan Simington and with Office of Engineering and Technology and Wireless Bureau staff.
The Osage Nation urged the FCC to act on its amended petition to receive an eligible telecom carrier (ETC) designation. The tribe told an aide to Chairwoman Jessica Rosenworcel its petition has been pending for more than a year and the ETC designation is necessary to ensure it can obtain services through Lifeline. The designation would also "ensure rapid deployment" to residents through a $40.7 million grant from NTIA (see 2208180056), the tribe said in an ex parte filing posted Monday in docket 09-197.
Rep. Anna Eshoo, D-Calif., is urging the FCC to update its horizontal location (Y-axis) enhanced 911 location accuracy standard to “reflect advances in technology to ensure that” public safety answering points and first responders “can more accurately locate” callers. The existing Y-axis standard the FCC adopted in 2015 “represented a dramatic improvement in E911 accuracy and effectiveness and reflected the technology available at the time,” Eshoo said in a Friday letter to Chairwoman Jessica Rosenworcel we obtained. “But this standard can still lead to mispositioning of E911 callers and compromise the response times of first responders, placing callers on the wrong side of the street, in the wrong building, or even on the wrong block.” Improvements to the global navigation satellite system and other technologies have “advanced significantly” since 2015 and “provide greater horizontal location accuracy and improve emergency response times,” Eshoo said: Any changes to the standard “should be technologically feasible and technologically neutral so that providers can choose the most effective solution from a range of options.” A “lot of new and powerful technologies have been deployed in the decade since the FCC last updated the location accuracy framework,” emailed Cooley’s Robert McDowell, a former FCC commissioner. “They could power devices to locate users with great precision. Uncountable lives could be saved by using modern technology and the Commission could help get us there.”
The FCC deactivated the disaster information reporting system and mandatory disaster response initiative for Hurricane Helene Saturday, said a public notice in Monday’s Daily Digest. Reporting for Hurricane Milton was deactivated last week (see 2410150075).
Some candidates for state utility commissions promised to take on broadband and other telecom matters if they win election this year. Eight states will elect utility regulators this year: Alabama, Arizona, Louisiana, Montana, Nebraska, North Dakota, Oklahoma and South Dakota. In addition, a New Mexico ballot question will ask voters to authorize millions of dollars for upgrading public safety communications. Meanwhile, Oregon voters will consider a universal basic income that would require Comcast and other big companies to foot the bill.
The FCC’s order on collecting broadcaster workforce diversity data is outside its authority and violates the Constitution, said a reply brief from the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters filed Friday in the 5th U.S. Circuit Court of Appeals (see 2410070023). “The FCC fails to identify any statutory provision or delegated function furthered by the Order,” said the filing. “Noticeably absent is any quote from statutory text. That’s because none exists,” it added. The equal employment opportunity order is “unlawful because the government requires race- and sex-based classifications, and seeks to pressure broadcasters to treat applicants differently based on race and sex,” said the groups.