The FCC's treatment of space vehicles used principally for rendezvous and proximity operations and in-orbit servicing as small satellites for regulatory fee purposes (see 2406140064) goes into effect Sept. 13, said a notice for Friday's Federal Register. The fee structure will be effective for FY 2024 assessment and collection of regulatory fees, according to the notice.
The 9th U.S. Circuit Court of Appeals affirmed a lower court's dismissal of a proposed class action suit that alleged Intelsat's then-chairman and two investor groups participated in insider trading (see 2304270005). In a docket 23-15822 order Wednesday, the appellate court said plaintiff Walleye hedge funds didn't adequately prove that David McGlade, Silver Lake Group and BC Partners possessed material nonpublic information. The three-judge panel said the Walleye funds also didn't adequately plead that Silver Lake and BC knew about Intelsat meeting with the FCC in November 2019 regarding the pending C-band clearing before the two funds sold big blocks of Intelsat shares. Walleye alleged the funds knew the FCC was leaning toward a public auction of the spectrum, and the FCC's subsequent announcement resulted in a big drop in Intelsat's stock price. Deciding were Judges Milan Smith, Andrew Hurwitz and Anthony Johnstone, with Smith penning the order.
The Media and Democracy Project submitted a petition with 25,532 signatures calling for an FCC hearing on whether Fox News' conduct during the 2020 election violated the agency's requirements for broadcast licensees. The item was filed on the one-year anniversary of MAD’s original filing challenging the license renewal of Fox-owned station WTXF-TV Philadelphia and includes signatories from all 50 states, the District of Columbia and Puerto Rico, MAD said. The FCC has not acted on MAD’s petition to deny. “These thousands of signees want satisfaction for the discord Fox has sown, alienating friend from friend and family member from family member over contrivances it pushed to preserve ratings and profits,” the filing said. “While FOX has peppered this proceeding with politicians and sports teams, we have dedicated our efforts to educating everyday Americans about the FCC’s role in determining whether FOX's leadership meets the character expected of a broadcast licensee,” MAD Executive Director Milo Vassalo said. A New York Times article Tuesday reported that Fox Chairman Rupert Murdoch is involved in a court battle with several of his children over changes to the family trust and ownership of Fox. Former Fox and Disney executive Preston Padden, who supports MAD’s petition, said the FCC would have to act if control of Fox is transferred from Rupert Murdoch to one of his sons. Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman said that while the agency normally resolves license challenges before a transfer of control is complete, it could simply deny the MAD petition or refuse action on the transfer. Fox didn’t comment.
The FCC’s rule barring stations from using affiliation deals to get around ownership limits falls outside the agency's congressional authority, Gray Television told the 11th U.S. Circuit Court of Appeals Wednesday. In a supplemental brief (docket 22-14274), Gray said the appellate court should determine that authority's scope and meaning without deference to the commission. The 11th Circuit earlier this month requested a brief about the effects of the U.S. Supreme Court's Loper Bright decision (see 2407110058). Gray is appealing a $518,000 forfeiture order over its alleged violation of the FCCs "Note 11" affiliation deals rule related to its purchase of the network affiliation of an Anchorage TV station (see 2301040059). The FCC has 14 days to respond to the supplemental brief. In its brief, Gray said Loper Bright mandates that the court first resolve whether the agency had statutory authority to promulgate and enforce Note 11. It said while Congress gave the FCC regulatory authority over license transfers, Note 11 and the forfeiture order are about what the FCC considers the "functional equivalent" of a license transfer.
Samsung Electronics America representatives met with FCC Commissioners Brendan Carr and Nathan Simington on the company’s request for a waiver on a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041). Samsung “emphasized its dedication to the success of CBRS and 5G, generally, in the United States,” a filing posted Thursday in docket 23-93 said. “The proposed device -- which has been before the Commission for over 700 days -- would simply enable operators to deploy one radio where they would otherwise deploy two radios with substantially similar performance characteristics,” Samsung said.
The FCC Public Safety Bureau on Thursday reminded Part 90 and Part 101 public safety licensees to update their license contact information with an email address. “Licensees without valid or updated email addresses will not receive courtesy electronic reminders regarding license expiration or construction deadlines,” which can lead to license cancelation, the bureau said in docket 19-212.
Edison Electric Institute representatives discussed the need electric utilities have for licensed spectrum to support uncrewed aerial systems and suggested to the FCC that the 4.9 and 5 GHz bands provide ideal frequencies. The utilities met with aides to Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks. “The companies described the ways in which UAS operations allow them to more efficiently inspect and repair infrastructure, improve worker safety, and maintain consistent, reliable service for customers,” a filing Wednesday in docket 07-100 said: Utilities “conduct UAS operations to safely inspect property for damage after a storm, earthquake, fire or other adverse weather events or natural disasters, which often involves coordination with public safety.”
CTIA Thursday marked the 30th anniversary of the FCC’s first spectrum auction by calling on Congress to restore the agency’s lapsed general auction authority. “For the past three decades, this Nobel-prize winning innovation has become increasingly key to America’s economic competitiveness and innovation leadership,” CTIA President Meredith Baker said. The anniversary is “an important reminder of the critical role that auctions play, and we call on policymakers to restore auction authority with a spectrum pipeline so that we can secure the benefits of wireless leadership for all Americans,” she said. CTIA also released the opening video of what it said will be a series of remembrances about auctions and the early days of the wireless industry. “The essential asset of wireless communications is spectrum,” former FCC Chair Tom Wheeler said in the first video. Wheeler noted that he became involved in wireless as part of a group of investors that won spectrum licenses in one of the lotteries that predated auctions, “the FCC’s dumbest way of allocating spectrum.” His group’s pingpong balls were picked “and suddenly I was in the wireless industry.” Licenses were also assigned through “beauty contests,” where companies made the case at the FCC on why they needed spectrum in a given area, he said. “That may have solved the instant problem, but it certainly didn’t facilitate how do you then have a concerted effort to deliver the important services,” Wheeler said: “It was widely understood that the … system was flawed.” Tom Sugrue, former head of the D.C. office for T-Mobile, said licenses' value increased rapidly “as people began to appreciate what mobile technology was worth.” But the “tools the FCC had to assign those licenses were becoming increasingly, obviously deficient.”
Sorenson and CaptionCall urged the FCC to ensure IP-captioned telephone service providers are compensated to support communications assistant-based and automatic speech recognition-based services (see 2407110029). The companies said in a meeting with an aide to Commissioner Nathan Simington that a $1.67 per minute rate with "a rate floor no lower than $1 for ASR would result in savings to the TRS Fund," according to an ex parte filing Wednesday in docket 03-123. The FCC should also "consider the costs of reaching hard-of-hearing Americans who need IP CTS but are unaware of it, and the needs of elderly consumers for support in their homes with installation of purpose-built phones," Sorenson and CaptionCall said.
Senate Consumer Protection Subcommittee ranking member Marsha Blackburn, R-Tenn., filed a Senate version of a Congressional Review Act resolution of disapproval to undo the FCC’s April net neutrality order (Senate Joint Resolution 103) earlier this week. House Communications Subcommittee Chairman Bob Latta, R-Ohio, filed a House CRA resolution in May (see 2405230021). Senate Communications Subcommittee ranking member John Thune, R-S.D., previously filed an amendment (see 2406110054) to the stalled Spectrum and National Security Act (S-4207) aimed at nullifying the net neutrality rules. The House Appropriations Committee advanced its version of the FCC-FTC FY 2025 funding bill (HR-8773) in June with a rider barring the commission from using its allocation to pay for implementation of the net neutrality order (see 2406140054).