LAS VEGAS -- This year will be one of “execution” on making more spectrum available for 5G and Wi-Fi, FCC Commissioner Mike O’Rielly said in an interview at CES. O’Rielly and Commissioners Geoffrey Starks and Brendan Carr spoke on a panel, after remarks by Chairman Ajit Pai. Pai wasn’t asked about and didn’t provide any additional details on the 6 GHz band or C band (see 2001070054).
The FCC’s clarification of political file rules creates new, subjective disclosure obligations that aren’t backed up in the law, burden companies and raise First Amendment questions, said broadcasters, network affiliates and NCTA in comments posted Tuesday in docket 19-363 supporting NAB’s petition for reconsideration (see 1911180068). “This decision will harm the entire local advertising ecosystem and burden the speech of political and nonpolitical advertisers alike,” said a joint filing from Gray Television, E.W. Scripps, Meredith, Block Communications and WBOC. Transparency groups including Campaign Legal Center, Sunlight Foundation and Common Cause disagree. “Any possible burden” is “clearly outweighed by the benefits of public disclosure,” the groups said.
The wireless industry, CTA and drone groups told the FCC that commercial spectrum is critical to safe operation of unmanned aerial systems. Comments were due Thursday on a notice on the use of the 960-1164 MHz and 5030-5091 MHz bands by drones. Commenters also agreed on the importance of flexible-use licensing. The comments reflect unusual consensus on a spectrum issue. The FCC is seeking comment as a requirement of Section 374 of the FAA Reauthorization Act of 2018.
The FCC unanimously affirmed a 2017 administrative law judge decision revoking construction permits and licenses for three California FM stations over allegations from the late 1990s about a lack of candor, said a docket 03-152 order in Thursday’s Daily Digest. Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks submitted statements (attached to the order) emphasizing that broadcasters found to have dealt dishonestly with the FCC should have their licenses revoked. None of the Republican commissioners issued statements. “In the case of an unscrupulous licensee with multiple stations, misrepresentation and lack of candor constitutes ‘serious deliberate misconduct’ that could put all of a broadcaster’s licenses at risk,” said Starks. William Zawila -- licensee of one of the stations and representative for the estates of other parties in the case -- argued that too much time had passed since the offenses involved and that the Enforcement Bureau hadn’t correctly handled filings in the matter. Those challenges are invalid on their merits and untimely filed, the FCC said. “Long ago the Federal Communications Commission established that the ‘trait of truthfulness’ is a necessary element of the character required to operate a broadcast station in the public interest,” Rosenworcel said. Though Sinclair isn't mentioned in the order or Commissioner statements, both Starks and Rosenworcel have been critical of that broadcaster, which had an attempted deal with Tribune designated for hearing in 2018, over allegations the company may have shown a lack of candor. That ALJ proceeding ended in 2019 when the deal was withdrawn, but several broadcast attorneys said they expect the candor issue to re-emerge as license renewals for Sinclair’s stations come up in 2020 (see 1903050075). “This year, a decision from the agency revisited that notion and concluded that honesty with the FCC is a foundational requirement for holding a license,” Rosenworcel said. Sinclair didn’t comment.
ISPs expect wide participation in the first phase of the $20 billion Rural Digital Opportunity Fund auctions FCC Chairman Ajit Pai signaled he wants in 2020, they said in interviews this month. RDOF replaces the Connect America Fund phase II USF program that supports deployment in high-cost, sparsely populated areas (see 1907110031). "We'll start to see the pace of things quicken in 2020," said Mike Saperstein, USTelecom vice president-policy and advocacy.
Massachusetts is challenging the FCC's order that Charter Communications faces effective competition in parts of the state and Hawaii from the AT&T TV Now streaming service (see 1910250036). Similar Cox Communications and Comcast petitions with the agency for similar determinations (see 1912190070) will likely also get state and locality opposition there, we were told. Hawaii didn't comment when asked if it would also appeal.
The California Public Utilities Commission received final arguments for and against the T-Mobile/Sprint deal, before a possible vote in early February. T-Mobile and Sprint said FCC and DOJ orders add to the deal’s public-interest benefits. That pact's plan to add Dish Network as a fourth national carrier didn’t persuade consumer advocates or the Communications Workers of America to support the deal, though they appeared open to strict CPUC conditions. The California commission is the last state agency OK the carriers need.
The FCC is fishing for ideas to incentivize C-band satellite operators beyond costs of moving customers to just the upper portion. That's more complicated since all operators have equal access to the full band, we were told. Momentum is behind the idea of incentivizing incumbents, partly to try to avoid what otherwise is seen as a likely legal challenge to a government move to take back satellite spectrum authorizations.
The FCC faces pushback from yet another federal agency on spectrum. The Federal Energy Regulatory Commission is concerned about an FCC proposal for sharing the 6 GHz band with Wi-Fi and other unlicensed. Industry officials said the commission is unlikely to change course. Wi-Fi advocates see the 6 GHz band as critical to meeting growing demand for unlicensed spectrum (see 1906250015), and the FCC is expected to take up a 6 GHz item early in the new year. The latest is that the Office of Engineering and Technology is reviewing the item and a vote is unlikely before the March meeting.
Commissioners approved an NPRM 5-0 on clearing 3.1-3.55 GHz, seen by some as a sleeper item with big implications. The item sparked a debate among members on whether the FCC is doing enough on mid-band spectrum. Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., sat through 90 minutes of the meeting, signaling his ongoing concerns about setting rules for an upcoming auction of the 3.7-4.2 GHz C band.