Strategies for getting around the 3rd U.S. Circuit Court of Appeals that involve the FCC splitting off deregulation items from the 2018 quadrennial review and approving them (see 1911210065) are unlikely to be successful, said experts including broadcast attorneys in interviews in December. The ruling requires the agency base changes to ownership rules on data about the rules’ effects on minority ownership, said United Church of Christ attorney Cheryl Leanz, who argued for the petitioners in Prometheus IV. “If the FCC doesn’t get the data, they don’t get to pass go.”
A 4th U.S. Circuit Court of Appeals decision this month could have implications for state political advertising disclosure rules and for the FCC’s recent clarifications of its own political file rules, said broadcast attorneys in interviews (see 1910170037). In Washington Post v. David McManus, the 4th Circuit ruled unconstitutional a Maryland law designed to combat election interference by requiring online platforms to disclose political ad buys. The 4th Circuit’s analysis could be used to challenge state and federal laws on disclosure of political ads for online platforms, and some of those rules affect broadcasters, said Wilkinson Barker broadcast attorney David Oxenford in a blog post. Disclosure rules aimed at online platforms in the state of Washington could create “undue burdens” for broadcasters in the state, said Washington State Association of Broadcasters President Keith Shipman.
Entertainment Media Trust skipped a Dec. 5 conference in its license proceeding it had been ordered to attend and is in danger of having the proceeding dismissed and not having its licenses renewed, FCC Administrative Law Judge Jane Halprin said in an order posted in docket 19-156 Tuesday. Halprin is “deeply troubled” by EMT’s actions, she said. EMT not responding to the order to appear and failing to show up “provides a basis for immediate dismissal of this proceeding,” she said. Halprin isn’t yet dismissing the proceeding because of “tumult” about EMT’s representation, she said. EMT’s former attorneys -- Fletcher Heald's Davina Sashkin and attorney Anthony Lepore -- had represented both EMT and the Chapter 7 bankruptcy trustee holding EMT’s stations, but were abruptly terminated as EMT’s lawyers (see 1911260067). If a substitute representative of EMT doesn’t file an appearance in the proceeding by Dec. 20, Halprin will invite the other parties in the case to file motions to dismiss, she said. EMT’s ongoing bankruptcy is expected to soon be dismissed in U.S. Bankruptcy Court, and the licenses reverted to EMT, according to a filing from Chapter 7 trustee Donald Samson. EMT didn’t comment Wednesday, but in a podcast version of his radio show posted Tuesday, (at about the 20:45 mark) Bob Romanik -- who the Enforcement Bureau has argued is the true controller of EMT’s stations -- said he's being thrown off the air because of opposition to his politics and his frequent use of the n-word. “They are trying to throw me off the air day in and day out, they got all kinds of lawyers working the case,” Romanik said. “It has nothing to do with anything else, I don’t care what they say,” he said. Repeatedly using the racial epithet alongside descriptors such as “greasy,” and “lazy,” Romanik said on the podcast that the FCC’s issue with him isn’t his status as a felon but “thousands of complaints” filed against him. At one point, Romanik apologized for using the word “black” in lieu of the n-word. EB hasn’t referenced content complaints in EMT’s case.
The FCC unanimously approved and eliminated from Thursday’s meeting agenda the draft order in docket 19-3 on streamlining noncommercial educational and low-power FM license rules, said officials and a notice. The final order underwent few substantive changes from the draft version, an official told us. The order eliminates requirements that noncommercial licensees make diversity certifications in their governing documents, alter the processes for tie-breakers in licensing windows, and extend the construction period for LPFM stations. “We’re satisfied with what the commission is doing,” said Todd Gray, a broadcast attorney with Gray Miller who represents NCEs. Though public TV entities sought some changes to language in the order, Gray said the Media Bureau has addressed their concerns.
FCC Chairman Ajit Pai pretended to be butt-dialed by ex-New York Mayor Rudy Giuliani (R), made fun of Commissioner Jessica Rosenworcel’s fondness for the word “ruckus,” and called 5G the “most overrated G since Kenny,” at the FCBA Chairman’s Dinner Tuesday evening. Walking out with a grocery bag in imitation of viral footage of GOP impeachment attorney Steve Castor, Pai opened the speech by loudly applying lip balm and laboriously filling his notoriously oversized Reese's coffee cup with water. Comparing the event to the impeachment hearings by calling it a “cult-like ritual in a Washington, D.C., basement,” Pai said FCBA event attendees were served steak, fish and salad, but deep Dish (Network) “can emerge as a viable fourth competitor”-- a reference to T-Mobile's plans to buy Sprint and make divestitures to that company. That deal is in court (see 1912110036). “If you haters think that joke is bad, buckle up, cuz it gets a lot worse!,” Pai told the crowd. FCBA said the event had 1,600 attendees. Pai said T-Mobile CEO John Legere is going to head the Wireless Bureau and hold staff meetings at the Trump International Hotel, and pretended the call from “Giuliani” couldn’t be connected because it was using Dish’s network. Dish Chairman “Charlie [Ergen] told me that would be up and running by now,” he said. Pai pointed out that former Commissioners Mignon Clyburn and Robert McDowell had both advocated for T-Mobile/Sprint. Clyburn argued that the deal would help address the digital divide, Pai said. "Rob thought it would get him quoted again in Comm Daily and TR Daily." Pai said the auto industry uses the 5.9 GHz spectrum the same way he “uses” his home treadmill as a laundry hanger, said Commissioner Brendan Carr wins awards only when Pai has a scheduling conflict, and imitated President Donald Trump by showing a picture of his own head photo-edited onto the body of movie boxer Rocky Balboa. Commissioners vote on a 5.9 GHz proposal Thursday (see 1912110056). Many of Pai’s jokes referenced Twitter memes, and he proclaimed that his proudest moments as FCC chair were a pair of his tweets riffing on the apparent on-air flatulence of Rep. Eric Swalwell, D-Calif. Pai also expressed interest in rumors about Secretary of State Mike Pompeo running for the Senate in Kansas and pretended to be dismissive of Democratic presidential candidate Pete Buttigieg while also pointing out their similarities. Buttigieg is a Harvard educated “super-nerd” who pretends to be a “folksy” everyman “from the heartland,” Pai said. “I don’t buy it, and you should not buy it, either,” he said.
U.S.-based satellite licensees and international satellite entities sparred in comments in docket 19-105 over whether the FCC should collect regulatory fees on all space stations that communicate with earth-based stations, not just U.S.-licensed ones. They responded to a Further NPRM on possible tweaks to regulatory fees (see 1908280021). “Such an assertion of FCC authority would be both unlawful and ill-advised,” said Telesat Canada. The FCC “has long recognized that its authority to assess space station regulatory fees is limited to those it has licensed under Title III of the Communications Act.” Imposing such fees on foreign licensed satellites isn’t supported by the facts and inconsistent with sound public policy, said Eutelsat. “Expanding the Commission’s regulatory fee regime to include all entities that have received U.S. market access will help to create a more equitable regulatory environment,” filed EchoStar, Hughes Network, Intelsat and SpaceX. Non-U.S. licensed space station operators “benefit from the Commission’s regulatory activities while leaving the U.S. operators to subsidize them by paying hundreds of thousands of dollars in fees,” said SpaceX. The agency should also adjust the fees for entities overseen by the International Bureau, said the North American Submarine Cable Association (NASCA) and the Submarine Cable Coalition. “In prior years and rulemakings, the Commission expressly recognized that submarine cable system regulatory fees are excessive considering the regulatory activities the IB performs on submarine cable system operators’ behalf,” said NASCA. “Efforts by submarine cable interests to shift additional costs onto satellite service providers are unsupported and must be rejected,” said the Satellite Industry Association. Calculating regulatory fees for VHF stations by calculating the population inside a station’s contours instead of designated market area should also be changed, said NAB and Maranatha Broadcasting. “This burden on VHF stations is unjustified and should be rectified in this proceeding,” said Maranatha.
Almost two years after Chairman Ajit Pai announced the media modernization effort, many items taken up under that umbrella have had a small scope, an uncontentious docket, and sometimes don’t even draw formal responses from the opposing party. General agreement and a tight focus aren't bad things, broadcast and MVPD attorneys and FCC officials said of the program. “That the items are often unanimous is a compelling case for getting rid of the rules,” said Matthew Berry, Pai’s chief of staff.
Senate Communications Subcommittee members focused on 5G, need for rural broadband and potential for freed-up federal spectrum during a Thursday hearing on implementing the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act. The Mobile Now Act was enacted as part of the FY 2018 omnibus spending bill (see 1803230038). The law requires DOD and other federal agencies identify at least 255 MHz for broadband use by 2022. It requires the FCC and NTIA identify at least 100 MHz for unlicensed use below the 8 GHz band.
The Technological Advisory Council recommended the FCC drive more spectrum sharing in rural areas, pursue additional repurposing for low- and mid-band spectrum, and improve the agency’s practical understanding of artificial intelligence, at its final meeting of the current charter. TAC’s most contentious discussions were about a recommendation the FCC encourage the use of advanced antenna technology, and a proposal the council tackle the aesthetics of small-cell installations in 2020.
Localities shouldn't underestimate broadband infrastructure deployment as a form of disaster preparedness, said Wireless Infrastructure Association President Jonathan Adelstein and Doug Dimitroff of the New York State Wireless Association. They spoke at Tuesday's meeting of the FCC Broadband Deployment Advisory Committee.