Matt Daneman

The retransmission consent blackout rebate NPRM that FCC commissioners adopted 3-2 along party lines last week (see 2401100026) asks numerous questions about agency authority and implementation but has few tentative conclusions about how such a rebate regime might work. The approved NPRM was released Wednesday.

The broadband equity, access and deployment program risks leaving multi-dwelling units across the U.S. unserved or underserved, broadband access advocates tell us. States are taking a variety of approaches to address MDU connectivity in their BEAD plans submitted to NTIA. These range from requiring connectivity for individual units to, in some cases, not addressing MDUs at all, our reading of BEAD volume 2 plans found.

Numerous satellite operators welcomed the idea of expanding the range of minor satellite and earth station modifications that can be done without having to first notify the FCC. But support was far more mixed in docket 22-411 filings posted Tuesday when it came to use of deadlines on FCC decisions regarding applications. Commissioners in September by a 4-0 vote adopted a Further NPRM regarding streamlining of satellite and earth station applications (see 2309210055). Reply comments in the docket are due Feb. 6.

The five-year satellite disposal requirement that just went into effect won't trigger a faster pace of low earth orbit satellite launches as operators won't try to put vehicles in orbit under the regulatory wire, space experts tell us. In addition, the new rule shouldn't propel LEO missions to seek licensing in nations outside the U.S., they believe. The five-year deorbit rule adopted in 2022 (see 2209290017) covers all launches after Sept. 29.

As the FCC sees increased dissent votes by Republican minority commissioners, those dissents frequently challenge agency authority. That's becoming a more common line of argument among GOP commissioners across federal regulatory agencies, often based on the U.S. Supreme Court's major questions doctrine, administrative law experts tell us. Republican commissioners and former commissioners say dissent votes are a reflection of the Democratic majority pushing partisan issues. Commissioner Nathan Simington in a statement said he is "disappointed that the Commission is now focused on misguided, partisan items, but I remain hopeful that we can continue making progress on real, non-partisan solutions to long-standing technical issues."

A cable industry priority for the new year is opposing the FCC's proposal that requires MVPDs to refund subscribers for programming blackouts due to failed retransmission consent talks with broadcasters, ACA Connects President Grant Spellmeyer told Communications Daily. In an interview, Spellmeyer discussed his 18 months as ACA head (see 2205170043), video's declining -- but not negligible -- importance to his members, and cable's broadband equity, access and deployment (BEAD) program concerns. The following transcript was edited for length and clarity.

The commercial space community is divided over an FAA proposal that upper-stage commercial rocket bodies and other components exit orbit within 25 years of launch. Comments are due Tuesday on an FAA draft NPRM (see 2309290057). Some in the commercial space sector argue the proposed 25-year limit will be ineffective; others say the FAA lacks the regulatory authority to oversee orbital debris issues.

Amazon and Viasat are at odds over conditions on Viasat's pending satellite applications. Viasat last month told the FCC its earth stations' use of the 18.8-19.3 GHz and 28.6-29.1 GHz band segments pose no interference threat to non-geostationary orbit operations there. It added there's no need for conditions requiring coordination or technical demonstrations. Amazon told the FCC Space Bureau Tuesday the examples Viasat lists to bolster that argument involved relatively minor modifications of existing authorizations. It urged agency approval of Viasat's pending applications be conditioned on Viasat entering into a coordination agreement with relevant NGSO fixed satellite service operators and showing how it will protect relevant NGSO FSS systems.

The 2023 World Radiocommunication Conference “has been a clear success for U.S. interests," U.S. delegation head Steve Lang, State Department deputy assistant secretary-international information and communications policy, told reporters Friday, minutes after the four-week U.N. event concluded. He said the U.S. delegation "achieved many important objectives," including further harmonization of 5G spectrum across the Americas with an international mobile telecommunications (IMT) identification in the 3.3-3.4 and 3.6-3.8 GHz bands in Region 2. That creates 500 MHz of contiguous spectrum in the 3 GHz band for 5G, Lang said.

After a span of frequent unanimity among the FCC commissioners, this week brought a spate of dissents from GOP commissioners, with no votes at Wednesday's open meeting coming after dissents the previous day on an order upholding a Wireless Bureau decision excluding SpaceX from participating in the Rural Digital Opportunity Fund program (see 2312130004). At the December meeting, Commissioners Brendan Carr and Nathan Simington raised the specter of the federal government increasing rate regulation in dissents against the MVPD early termination fees (ETF) NPRM. They complained that the data breach notification rules were an attempt to sidestep the Congressional Review Act.