The FCC approved an NPRM seeking comment on a proposal to change FM booster rules to allow geotargeted radio broadcasts (see 2010280062). The full commission OK'd the NPRM, released Tuesday. Commissioner Mike O’Rielly concurred. “The rollout of the Notice seems a bit hasty, given its substantial implications for reshaping FM radio policy,” O’Rielly said. “Any rulemaking that considers taking steps that rely on a proprietary technology should be done under a watchful and extremely skeptical eye.” Commissioner Geoffrey Starks, who has repeatedly endorsed the proceeding as a way to aid minority-owned broadcasters, did so again. GeoBroadcast Solutions’ advertising revenue sharing model would allow smaller stations to install the tech without having to acquire upfront capital, he said. “In the absence of more robust analysis, the assumption that these changes will promote diversity of voices, much less ownership, is incredibly premature,” said O’Rielly. Targeted ads could lead to some broadcasters receiving less advertising, he warned. Starks and Commissioner Brendan Carr said they partnered in support of the item. Getting this NPRM “across the finish line required more than a few oars in the water,” Carr said. As expected, the draft item hews closely to the proposal from GBS, which owns the zoned-broadcast technology enabling geotargeting. The item doesn’t seek comment on proposals from some broadcasters to allow content origination on FM translators. It doesn’t appear to contain any tentative conclusions, seeking broad comment on the technical aspects, how similar programming originating on an FM booster must be to a station’s primary stream, and whether the proposal would affect loyalism, diversity or competition. "The prospect of hyper-localizing over-the-air radio content has great potential for the industry in reaching underserved audiences, as well as providing news and alerts on a regional basis, and improving the advertising revenue for the stations,” emailed a company spokesperson. GBS is "optimistic" that rules for zoned broadcast coverage will be enacted in 2021, the spokesperson said. Starks rounded up supportive comments in a separate news release. "As we battle the COVID-19 pandemic, it is important for hyper-localized content, like news and emergency alerts to be delivered to the communities that need this tailored content the most," said Rep. Yvette Clarke, D-N.Y. "This undoubtedly would boost the ability of minority broadcasters to compete in a highly competitive marketplace and reach underserved audiences," said Clint Odom of the National Urban League. Among those also quoted: National Association of Black Owned Broadcasters President James Winston; Multicultural Media, Telecom and Internet Council President Maurita Coley; and Rep. Tony Cardenas, D-Calif.
Frontier Communications criticized a California Public Utilities Commission staff report comparing the company to other providers nationally. In comments posted Tuesday in docket A.20-05-010, the telco urged the commission to toss the Communications Division’s "stats" document from its bankruptcy reorganization review. “The Report reflects a series of incomplete and potentially misleading comparisons between providers that are not sufficiently similar to facilitate a reliable or useful analysis,” Frontier said Monday. The report’s premise is “misguided” because the proceeding doesn’t “involve empirical questions about whether Frontier is similar to large cable and satellite providers, nor does this proceeding involve normative considerations about whether Frontier should be more like other providers,” the carrier added. The California Emerging Technology Fund is “mystified” about the report “at this late stage,” CETF commented. The report gives “no stated purpose or methodology” for the comparison, and, other than comments and replies, “there is no chance to cross examine or send data requests to the authors to understand questions such as why these comparison companies were chosen, and why the particular metrics were chosen.” National comparison isn’t relevant here, it added. Consumer complaints about Frontier service quality are up in several states but down in California (see our report).
As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.
President-elect Joe Biden announces he's naming Neera Tanden, Center for American Progress, who "would be the first woman of color and first South Asian American to lead the OMB," and Kate Bedingfield, ex-MPA, White House communications director, a job she did for the Biden-Kamala Harris campaign ... Sinclair’s One Media 3.0 hires So Vang from NAB as vice president-emerging technologies ... BTIG adds Chris Dorn as managing director, Healthcare Investment Banking, where he will focus on healthcare IT and digital health companies.
President-elect Joe Biden announces he's naming Neera Tanden, Center for American Progress, who "would be the first woman of color and first South Asian American to lead the OMB," and Kate Bedingfield, ex-MPA, White House communications director, a job she did for the Biden-Kamala Harris campaign ... Sinclair’s One Media 3.0 hires So Vang from NAB as vice president-emerging technologies ... BTIG adds Chris Dorn as managing director, Healthcare Investment Banking, where he will focus on healthcare IT and digital health companies.
The U.S. Court of Appeals for the D.C. Circuit rejected the National Lifeline Association’s request for emergency stay of the FCC Wireline Bureau increasing the minimum service standard to 4.5 GB a month (see 2011250064), said an order (in Pacer) Monday. The increase takes effect Tuesday, and Lifeline providers say it's an existential threat. The lack of a stay "is disappointing," said NaLA attorney John Heitmann of Kelley Drye. Judges Patricia Millett, Neomi Rao and Cornelia Pillard said petitioners NaLA and Assist Wireless “have not satisfied the stringent requirements for a stay.” Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman called that D.C. Circuit “boilerplate” for stay rejections. He called it a positive sign for NaLA that the judges requested an FCC response to NaLA’s request for a writ of mandamus compelling the agency to act on reconsideration petitions against a 2016 Lifeline order. "NaLA will continue to work on multiple fronts to preserve free access for Lifeline-eligible consumers to mobile broadband, including by seeking commission review of the bureau’s waiver order," Heitmann said. The timing of Heitmann’s application for review could influence how it's received at the FCC, attorneys said. The current commission doesn't have enough likely yes votes to advance a draft order on the Lifeline increase (see 2011160051). The change in the White House, Pai's stepping down next month (see 2011300032), and the possibility of prospective commissioner Nathan Simington replacing Commissioner Mike O’Rielly (see 2011240061) could change that dynamic, attorneys said.
The U.S. Court of Appeals for the D.C. Circuit rejected the National Lifeline Association’s request for emergency stay of the FCC Wireline Bureau increasing the minimum service standard to 4.5 GB a month (see 2011250064), said an order (in Pacer) Monday. The increase takes effect Tuesday, and Lifeline providers say it's an existential threat. The lack of a stay "is disappointing," said NaLA attorney John Heitmann of Kelley Drye. Judges Patricia Millett, Neomi Rao and Cornelia Pillard said petitioners NaLA and Assist Wireless “have not satisfied the stringent requirements for a stay.” Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman called that D.C. Circuit “boilerplate” for stay rejections. He called it a positive sign for NaLA that the judges requested an FCC response to NaLA’s request for a writ of mandamus compelling the agency to act on reconsideration petitions against a 2016 Lifeline order. "NaLA will continue to work on multiple fronts to preserve free access for Lifeline-eligible consumers to mobile broadband, including by seeking commission review of the bureau’s waiver order," Heitmann said. The timing of Heitmann’s application for review could influence how it's received at the FCC, attorneys said. The current commission doesn't have enough likely yes votes to advance a draft order on the Lifeline increase (see 2011160051). The change in the White House, Pai's stepping down next month (see 2011300032), and the possibility of prospective commissioner Nathan Simington replacing Commissioner Mike O’Rielly (see 2011240061) could change that dynamic, attorneys said.
The Bureau of Industry and Security expects to roll out a more multilateral approach to export controls under the Joe Biden administration but does not expect any major changes to its China policies or Entity List decisions, a senior Commerce Department official said. The official pointed to the strong bipartisan support among lawmakers for Chinese sanctions and export controls, which likely will continue under a new administration. “I don't see that going away. I think the Hill is engaged. I think at least from what President-elect Biden has announced with his Cabinet, these are folks who are familiar with the national security issues,” the official, who declined to be named in order to speak candidly about BIS, said in an interview last week. “So I don't expect a lot of substantive change.”
The National Lifeline Association and Assist Wireless haven’t shown (see 2011190054) Lifeline providers will be irreparably harmed by the Wireline Bureau’s minimum service standard order and won’t succeed in their legal challenge against it, the FCC responded (in Pacer) Tuesday pushing the U.S. Court of Appeals for the D.C. Circuit to reject NaLA’s call for an emergency stay. Lifeline provider arguments that raising the MSS from its current 3 GB per month to 4.5 GB per month on Dec. 1 will force companies to charge low-income consumers copays they can’t afford “are of no value without proof,” said the agency. “The Bureau had good reason to be skeptical of arguments that a modest increase in the minimum service standard would render service unaffordable or require providers to impose a co-pay.” Customers will be irreparably harmed by the order “disconnecting them from vital and essential services,” said Judson Hill, who represents Lifeline provider TruConnect. “There’s no evidence of any harm to anybody by staying or enjoining and freezing in place.” The FCC brushed aside NaLA complaints that T-Mobile -- the sole provider to endorse the MSS order’s increase to 4.5 GB, and the only one that owns its own spectrum -- is differently situated from other Lifeline providers. “Whether or not” T-Mobile’s commitment to the FCC to offer a 4.5 GB plan extends to NaLA members, “it provides record evidence that it is possible for a Lifeline provider to offer a service plan without a co-pay that complies with the 4.5 GB per month standard,” the agency said. CTIA and NaLA declined to comment, and T-Mobile didn’t respond to a comment request. NaLA has to respond by Wednesday, the court said. NaLA asked for a ruling on the emergency stay by Monday.
The U.S. extended by one year the national emergency authorizing sanctions against Nicaragua, the White House said Nov. 24. President Daniel Ortega’s regime continues to undermine democratic institutions and abuse human rights in the country, the notice said. The emergency would have ended Nov. 27.