The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
A draft NPRM on repacking reimbursement for FM stations, low-power TV stations and translators appears to “penalize T-Mobile for taking a proactive approach” to funding LPTV relocation (see 1707170043), said the carrier in meetings with the Media Bureau, Incentive Auction Task Force, and aides to Chairman Ajit Pai and to Commissioners Mike O’Rielly and Jessica Rosenworcel, it recounted in docket 18-214, which also had other filings posted Thursday, a week before commissioners vote. The company was represented by former IATF Vice Chairman Howard Symons, now of Jenner & Block. T-Mobile “was willing to step in at a time when Congress had not funded the post-auction relocation of LPTV stations,” but Congress’ authorization of reimbursement funds for LPTV and translators “has materially altered the post-auction landscape for these stations,” T-Mobile said. The draft suggests T-Mobile could remain responsible for funding LPTV repacking despite the new reimbursement fund, and proposes precluding stations that received funding from the company, even for future expenses, it said. Stations that received money from T-Mobile should be able to use the fund “provided that they demonstrate that funds received from the third party have been returned or have not been used to fund the same eligible expenses” and likewise for the future, T-Mobile said. Microsoft also met with the IATF and Office of Engineering and Technology on the draft reimbursement NPRM. It should include questions about letting LPTV, translators and FM stations be reimbursed for transmit filters that will promote “greater overall band utilization,” wrote Microsoft, hoping “the NPRM ask whether the Commission could promote greater use of the television band by reimbursing full-service filters for all low-power broadcasters, rather than stringent or simple masks.” The draft misinterprets legislation authorizing the additional reimbursement, NAB continued to say (see 1807240061) in meetings and calls with Pai Chief of Staff Matthew Berry, Media Bureau Chief Michelle Carey, and aides to Pai, Rosenworcel and Commissioner Brendan Carr, it said (and filings). The draft operates from the premise the legislation lets the FCC draw FY 2018 funds only to reimburse LPTV, FM stations and translators, but NAB argued that’s a “phantom reading.” That led the NPRM to propose graduated payments for FMs based on how they are disrupted by the repacking, NAB said. “Congress specified funding levels from Fiscal Year 2018 funds, but also provided the FCC with discretion as to how to allocate Fiscal 2019 funds.”
Parties bombarded the FCC with conflicting advice on one-touch, make-ready plans and other pole-attachment proposals in a draft order aimed at facilitating broadband deployment. Electric utilities pushed for changes to proposed communications provider self-help in the power spaces on poles, and cable continued voicing concern about OTMR treatment of existing attachments. Incumbent telcos sought stronger action to lower the attachment rates they pay pole owners, though Verizon backed OTMR and others supported agency proposals. Filings were posted in docket 17-84 Thursday as lobbying restrictions took effect and the draft was included in the agenda for the Aug. 2 commissioners' meeting.
Parties bombarded the FCC with conflicting advice on one-touch, make-ready plans and other pole-attachment proposals in a draft order aimed at facilitating broadband deployment. Electric utilities pushed for changes to proposed communications provider self-help in the power spaces on poles, and cable continued voicing concern about OTMR treatment of existing attachments. Incumbent telcos sought stronger action to lower the attachment rates they pay pole owners, though Verizon backed OTMR and others supported agency proposals. Filings were posted in docket 17-84 Thursday as lobbying restrictions took effect and the draft was included in the agenda for the Aug. 2 commissioners' meeting.
Key Republicans backed and Democrats attacked deregulatory FCC policies under Chairman Ajit Pai at a House Communications Subcommittee oversight hearing Wednesday. GOP leaders lauded commission actions to improve emergency communications, update media regulations and promote broadband deployment. Democrats blasted the agency's net neutrality rollback and other deregulatory moves as favoring big industry players and even complicating national security. Pai and other commissioners had provided prepared testimony (see 1807240056).
Key Republicans backed and Democrats attacked deregulatory FCC policies under Chairman Ajit Pai at a House Communications Subcommittee oversight hearing Wednesday. GOP leaders lauded commission actions to improve emergency communications, update media regulations and promote broadband deployment. Democrats blasted the agency's net neutrality rollback and other deregulatory moves as favoring big industry players and even complicating national security. Pai and other commissioners had provided prepared testimony (see 1807240056).
Sinclair told FCC Chairman Ajit Pai it didn’t have the time or authority to withdraw the deal to buy Tribune after a hearing designation order (HDO) circulated, said an email from General Counsel Barry Faber to Pai Wednesday. It was filed the next day and posted Friday in docket 17-179 as an ex parte by Commissioner Jessica Rosenworcel’s office. The email mentions a Tuesday call between Faber and Pai. The draft HDO was announced July 16 (see 1807190060) and released Thursday.
Sinclair told FCC Chairman Ajit Pai it didn’t have the time or authority to withdraw the deal to buy Tribune after a hearing designation order (HDO) circulated, said an email from General Counsel Barry Faber to Pai Wednesday. It was filed the next day and posted Friday in docket 17-179 as an ex parte by Commissioner Jessica Rosenworcel’s office. The email mentions a Tuesday call between Faber and Pai. The draft HDO was announced July 16 (see 1807190060) and released Thursday.
The FCC's referring a deal to its administrative law judge traditionally has been the kiss of death to a transaction, but some see Chairman Ajit Pai's announcement that he has circulated a draft hearing designation order (HDO) on Sinclair's $3.9 billion buy of Tribune (see 1807160023) as possibly aimed more at stopping the deal as it's currently crafted. It also could put the deal on the back burner for now.