FCC commissioners are expected to approve a robotexting order and Further NPRM, scheduled for a vote Thursday, though with a few tweaks addressing issues raised by CTIA and others, FCC and industry officials said. Commissioners OK'd a second wireless item, incorporating into agency rules four new and updated standards for equipment testing. That item, which was deleted from the agenda for the meeting, hasn’t been controversial.
The FCC draft ATSC 3.0 report and order circulated to 10th-floor offices would extend the substantially similar and A/322 physical layer requirements indefinitely (see 2303030064), grant NAB requests on multicast hosting in part, and doesn’t take up the matter of a 3.0 task force, FCC and broadcast industry officials told us. The item is expected to lead to a lot of lobbying from industry and negotiating among commissioners, and isn’t expected to be voted soon, industry and FCC officials told us.
The plaintiffs who oppose SoftBank’s motion to dismiss their class action for lack of personal jurisdiction and improper venue rely on “a boundless and unprecedented theory of personal jurisdiction” to assert their opposition, said SoftBank’s reply memorandum Friday (docket 1:22-cv-03189) in U.S. District Court for Northern Illinois in Chicago. Seven consumers, all AT&T or Verizon customers, brought the lawsuit in June to vacate T-Mobile’s 2020 Sprint buy, alleging the transaction stifled competition, causing their own wireless rates to skyrocket (see 2210110003).
A draft further NPRM on expanding audio description requirements to all broadcast markets within 10 years is expected to be unanimously approved at Thursday’s FCC commissioners’ meeting with few changes, said agency and industry officials. The proposed expansion is the most the FCC can do for audio description within the bounds of the 21st Century Communications and Video Accessibility Act, said Clark Rachfal, American Council of the Blind director-advocacy and governmental affairs, urging Congress to pass legislation to require audio description for all video. The 10-year phase-in in the NPRM means blind and visually impaired consumers in smaller TV market state capitals such as Harrisburg, Pennsylvania, or Juneau, Alaska, may not have audio-described broadcasts until 2035, he said. “These are not insignificant places within the U.S.,” said Rachfal.
All groups and companies that filed urged the FCC to act on service rules allowing use of the 5030-5091 MHz band by drones. The FCC sought comment in a long-awaited January NPRM (see 2301040046), and comments were due Thursday in docket 22-232. Pilots, public safety agencies, NAB, the National Academy of Sciences’ Committee on Radio Frequencies (CORF) and others raised concerns on how the FCC proceeds.
Lawmakers are beginning to forward to the White House the names of preferred contenders to replace Gigi Sohn as President Joe Biden's nominee to be the FCC's third Democrat, after the ex-candidate’s Tuesday announcement that she had asked the White House to withdraw her from Senate consideration (see 2303070082). The names of several potential contenders were also circulating among communications sector lobbyists, but several officials told us there's no prohibitive favorite in the immediate aftermath of Sohn's withdrawal. The White House didn't comment on its plans. The administration hadn’t formally withdrawn Sohn Friday.
Kansas lawmakers Thursday challenged opposition to SB-144, which would explicitly exempt streaming services and direct broadcast satellite operators from video service provider franchise fees. The bill would amend the state's Video Competition Act, making clear that DBS and streaming providers don't need video service provider authorization from the Kansas Corporation Commission. House Energy, Utilities and Telecommunications Committee took no action on the bill.
The former interim director of the 911 center in Washington, D.C., filed a whistleblower complaint against District Mayor Muriel Bowser (D), the Office of Unified Communications (OUC) and the D.C. Fire and Emergency Medical Services (FEMS) Department. The D.C. Superior Court set a virtual initial scheduling conference for June 2 at 9:30 a.m. EDT (case 2023-CAB-001335). Cleo Subido alleged the District “retaliated against her after she disclosed irregularities, violations of laws and regulations, gross mismanagement, waste, fraud, and abuse, and threats to the health and safety of the public concerning the manner in which [OUC] operated.” After repeated 911 failures by OUC, Subido made changes to bring the office in compliance with national standards, cooperated with a D.C. audit, responded to FOIA requests, “truthfully” responded to media queries and “brought to the attention of her staff and superiors … deep and at times fatal flaws in OUC’s operations.” In response, Bowser “scuttled Ms. Subido’s anticipated promotion to OUC’s permanent Director, and instead demoted her,” Subido claimed. In November, Bowser “inexplicably placed Ms. Subido on administrative leave.” In January, after Subido raised legal concerns, defendants terminated her employment, she said. “Defendants’ actions were intended to silence Ms. Subido and deter others from raising and/or addressing similar concerns.” Subido seeks relief including “reinstatement to the position she would have held” without the retaliation, “recovery of all lost wages, salary, and employment benefits,” interest, damages, injunctive relief and attorney fees, she said. The D.C. Council is scheduled to consider the nomination of OUC acting Director Heather McGaffin, named in the complaint, at a roundtable March 15 (see 2302240061). OUC has been criticized about recent audits finding problems at the 911 office and specific incidents where incorrect addresses and miscommunication led to dispatching delays (see 2212060042, 2211100036 and 2209090049). OUC declined to comment Wednesday. Bowser and FEMS didn’t comment.
Industry won’t support comprehensive state privacy bills that allow consumers to sue businesses for possible violations, trade groups told legislators this week. Maryland senators weighed a bill (SB-698) with a private right of action (PRA) at a livestreamed hearing Wednesday. Oregon Attorney General Ellen Rosenblum (D) endorsed her state’s bill (SB-619), which also includes a PRA and gathered support from consumer privacy advocates, at a webcast hearing Tuesday.
An ordinance amending the Los Angeles County Code, allowing for “the fast-tracked proliferation of wireless infrastructure,” violates the California Environmental Quality Act (CEQA) and the state constitution, alleged a complaint Tuesday (docket 23STCP00750) in Los Angeles County Superior Court, filed by Children’s Health Defense (CHD) and other nonprofits.