More than 100 small radio broadcasters want the FCC to create a new C4 class of full-power FM stations, which NAB and some larger groups oppose. C4 will "increase congestion on the already crowded FM band and escalate the risk of interference to other FM services, especially FM translators,” NAB commented in docket 18-184 in response to a notice of inquiry. “There is no chance of increased interference as a result of the proposal,” said SSR Communications, the petitioner behind the C4 proposal. The plan would consume only “previously-unused, available bandwidth,” SSR said.
The FCC tweaked details but is moving ahead with one-touch, make-ready (OTMR) and other pole-attachment policies in an order and declaratory ruling aimed at streamlining processes and speeding broadband deployment. Although edits addressed some of the many concerns electric-utility pole owners and communications industry attachers had about a draft item, they didn't fundamentally change the agency's direction, according to stakeholders and our basic review of the 120-page final text in docket 17-84 issued Aug. 3. It was adopted the previous day, with Commissioner Jessica Rosenworcel partially dissenting (see 1808020034).
Federal judges blocked, for now, FCC restrictions on enhanced tribal Lifeline subsidies that bar resellers and residents of non-rural areas from the extra low-income USF support. The commission's 2017 order "will be stayed pending further [court action] insofar as the Order purports to limit eligibility for the Tribal Lifeline enhanced subsidy to 'facilities-based' service providers, and to limit eligibility for that program to 'rural areas,'" said the Friday ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC, No. 18-1026, and a consolidated case. They said petitioners showed a "likelihood of success on the merits" of their challenges, and that they'll suffer "irreparable injury absent a stay." Some said the decision further complicated an FCC proposal to ban resellers from Lifeline support in general.
California state legislators revealed amended net neutrality bills reflecting a deal among Democratic lawmakers (see 1807310038). Sponsor state Sens. Scott Wiener and Kevin de Leon said amendments restored provisions controversially removed in an Assembly committee. Supporters and opposition Wednesday seemed to hold positions they had on the original Senate-passed measure, though ISPs complained about not seeing the revised language sooner. Washington state saw no problems or lawsuits since it became first to enact comprehensive net neutrality rules, said state Rep. Drew Hansen (D) in an interview this week.
Related to FCC changes announced at commissioners' meeting Thursday and according to various officials: NCTA hires Amy Bender, departing wireline legal adviser to Commissioner Mike O’Rielly, as vice president-legislative counsel, Government Relations department; Facebook hires Deputy Media Bureau Chief Mary Beth Murphy; Betsy McIntyre, deputy chief of Wireless Bureau Competition and Infrastructure Policy Division, named acting wireline adviser to Commissioner Jessica Rosenworcel during Travis Litman's paternity leave; Wireline Bureau Deputy Chief Madeleine Findley departing and is relocating; office of Commissioner Brendan Carr adds from Consumer and Governmental Affairs Bureau Dana Howell as staff assistant; Office of Engineering and Technology Physical Scientist Ed Mantiply retiring.
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."
Charter Communications probably will feel pressure to talk deal after the New York Public Service Commission took back OK of the Time Warner Cable buy, experts said in interviews. Some said the PSC probably lacks authority to undo the deal. A Public Knowledge attorney said the PSC is within its rights. Charter will defend itself in court, if necessary, CEO Thomas Rutledge said Tuesday (see 1807310062).
CTIA said the FCC is right to move forward on a ban on state and local moratoriums on new wireless facilities, part of a larger infrastructure item set to get a vote at Thursday’s commissioners’ meeting (see 1807130045 and 1807300040). CTIA said in a Friday filing in docket 17-79 that it spoke with aides to Commissioners Mike O’Rielly, Brendan Carr and Jessica Rosenworcel about the moratoriums and other infrastructure issues. “CTIA therefore applauded the Commission for its proposal to adopt a Declaratory Ruling to clarify that moratoria -- whether express or de facto, interim or not -- are barriers to wireless deployment and prohibited under the Communications Act,” the group said. “There is no more absolute prohibition on deployment than refusing to accept or act on applications. A local law that bars acceptance of applications and a local agency’s refusal to act on them have precisely the same impact -- no deployment is permitted -- and they are thus per se unlawful.” NATOA opposed the moratoriums. “We object to this ill-defined attempt to bend federal law to accommodate industry desires while ignoring the impact on communities across the country and doing nothing to address the digital divide,” the group said.
The FCC Broadband Deployment Advisory Committee will have new life after it finalizes the last of its reports to the commission. FCC Chairman Ajit Pai stopped by the meeting Friday to announce a new focus -- how to make communications infrastructure more resilient, with hurricane season looming and after major storms hit the Gulf Coast and U.S. territories last year. Pai asked BDAC to complete the report by February.
The New York Public Service Commission’s extraordinary revoking of approval of Charter Communications’ buy of Time Warner Cable (see 1807270027) surprised observers Friday. Commissioners voted 3-0 to rescind the state's 2016 conditional approval of Charter's purchase, directing the acquirer to cease operations and submit a transition plan within 60 days. At Friday's special session, commissioners also voted 3-0 to direct counsel to initiate a civil enforcement case against Charter in New York Supreme Court seeking civil financial penalties for past failures.