The Republican minority FCC commissioners and White House critics took aim of the agency's order Tuesday upholding the Wireless Bureau decision rejecting SpaceX's application for the Rural Digital Opportunity Fund (RDOF) (see 2208100050).
Matt Daneman
Matt Daneman, Senior Editor, covers pay TV, cable broadband, satellite, and video issues and the Federal Communications Commission for Communications Daily. He joined Warren Communications in 2015 after more than 15 years at the Rochester Democrat & Chronicle, where he covered business among other issues. He also was a correspondent for USA Today. You can follow Daneman on Twitter: @mdaneman
A panel of the U.S. Court of Appeals for the D.C. Circuit repeatedly pressed International Dark-Sky Association (ISDA) about its standing during oral argument Monday in the group's legal challenge to the FCC's approval of SpaceX's second-generation satellite constellation (see 2301030014).
While the FCC argues that its proposed MVPD early termination fee (ETF) and prorated refunds rules aren't rate regulation (see 2311220047), industry likely will oppose any draft order on rate regulation grounds, cable lawyers tell us. Whether the draft NPRM on this month's open meeting agenda gets Republican commissioner support is unclear, a 10th-floor aide tells us. The NPRM is the second refund-related video programming item before commissioners, with the chairwoman's office in October circulating a draft NRPM requiring MVPDs to refund subscribers affected by programming blackouts due to retransmission consent negotiations (see 2310110075). The aide said the chairwoman's office hasn't pressured the regular commissioners regarding the blackouts item, and the 2018 quadrennial review has overshadowed it.
Comcast and Altice are pointing to mobile and business services as growth drivers in coming years, with executives citing both in appearances Monday at the UBS Global Media and Communications Conference.
Multiple U.S. Supreme Court justices seemed skeptical Wednesday of regulatory agency power when it comes to handling adjudications differently from court proceedings -- specifically the right to trial by jury (docket 22-859). The SEC, in SEC v. Jarkesy, is seeking to overturn a 2022 decision by the Fifth U.S. Circuit Court of Appeals rejecting the agency's administrative judgment in a securities fraud case. The appellate court decision was seen having implications for administrative law judge (ALJ) power at regulatory agencies broadly, including the FCC (see 2205260050).
The U.S. Supreme Court might opt to avoid likely fights over the FCC's digital discrimination rules or proposed Title II net neutrality rules, Andrew Schwartzman, Benton Institute for Broadband & Society's senior counselor, told Communications Daily this month. In an extensive sit-down interview, Schwartzman spoke about his long career as a public interest advocate within telecommunications, evolution of that domain, and how the FCC's net neutrality regulatory push is not merely a repeat of the past. The following transcript of our conversation was edited for length and clarity.
Despite warnings that China's BeiDou global navigation satellite system (GNSS) is eclipsing GPS capabilities, a U.S. response isn't expected. The BeiDou ascendency comes as China is also seen making big strides in commercial positioning, navigation and timing (PNT) satellites.
While the FCC wants to end cable and direct broadcast satellite (DBS) early-termination fees and require prorated refunds for canceled MVPD service (see 2311210043), it also would seek state and local input about adopting something less than a total ban and allowing state and local variations, according to the draft NPRM for next month's meeting agenda. Meanwhile, an FCC order takes a big swing at robotexts, with rules that override recent objections filed at the agency. In addition, commissioners will vote on new data breach requirements in light of recent leaks at major wireless providers. The agency released the Dec. 13 open meeting's draft items on Wednesday.
Early-termination fees for canceling cable or direct broadcast satellite service are joining "all-in" video service pricing in the FCC's cross-hairs for elimination with an NPRM on the agency's December agenda, Chairwoman Jessica Rosenworcel said Tuesday. Also on tap for the Dec. 13 meeting are further efforts to crack down on robotexts, an area that could prove controversial and an update to data breach notification rules. In her note, Rosenworcel wrote the agenda would also include an NPRM about requiring smartphone compatibility with hearing aides, an order implementing provisions from the 2023 Low Power Protection Act to create a window to allow some LPTV stations to transition to Class A status, rules aimed at streamlining the approval process for pole attachment applications and administrative improvement to the Rural Health Care Program.
Some ISPs tell Wall Street they aren't expecting notable subscriber losses should funding run out for the Affordable Connectivity Program. They expect to keep subs -- though at perhaps lower speed tiers and cheaper service offerings. Advocates say ACP helps make connectivity affordable for current subscribers and ensures accessibility items that the broadband equity, affordability and deployment (BEAD) program addresses translate into adoption.