Matt Daneman

Charter Communications is warning some states that it won't be interested in broadband equity, access and deployment (BEAD) program opportunities there. States that closely follow NTIA proposed guidelines regarding internet tiers, pricing and labor practices "just won't be attractive states for us to bid in," CEO Chris Winfrey said Friday as the company announced Q3 financial results. He said Charter "will focus our investments in the states that allow us to retain flexibility to run the business, properly respond to market demand and ultimately earn a healthy return."

Comcast's Peacock streaming service ended Q3 with 28 million paying subscribers, up from 16 million the same quarter a year earlier, the company said Thursday as it announced Q3 2023 financial results. President Mike Cavanagh said losses for the streaming service should peak this year, with "meaningful" earnings improvements in 2024.

Draft digital discrimination rules to be voted on at the FCC's November meeting address both intentionally discriminatory conduct and conduct that produces discriminatory effects, FCC Chairwoman Jessica Rosenworcel said Tuesday at the annual United Church of Christ (UCC) Parker Lecture in Washington. The agency has seen disagreements among interested parties about using discriminatory intent vs. discriminatory impact when defining digital discrimination (see 2302220045). Rosenworcel said Tuesday the draft rules create a specific path for lodging digital discrimination complaints. She said the item also seeks comment on reporting requirements regarding new deployments, upgrades and maintenance projects, with the aim being the removal of what could lead to impediments to equal broadband access.

States' broadband equity, access and deployment (BEAD) program initial proposals before NTIA show varied levels of openness to satellite broadband and fixed wireless. Some states specifically say they will entertain satellite or FW as broadband delivery options in extremely high-cost areas, but others say satellite and FW won't be eligible under any circumstances, according to BEAD initial proposal second volumes filed with NTIA. That volume covers states' selection processes for deciding what ISPs will be subgrantees of BEAD funding.

The FAA's space launch and reentry regulatory regime was criticized Wednesday during a Senate Commerce Space Subcommittee hearing, with space launch companies and experts testifying that FAA changes haven't resulted in more streamlined launch license reviews. Several urged more agency funding and staffing. There also were multiple requests for a one-stop-shop for commercial space activity regulatory authorizations.

DOD's fretting about GPS interference from Ligado was a ruse to hide that the agency had undisclosed systems using or depending on Ligado spectrum, while not compensating the company for that use, Ligado said Thursday in a complaint filed with U.S. Court of Federal Claims. Named as defendants were the U.S., DOD, Commerce Department and NTIA. Commerce and Defense didn't comment Friday. Calling it "the largest uncompensated taking of private property by our nation’s government in modern times," Ligado said in the 69-page complaint its spectrum rights had an assessed value of $39 billion -- "all of which value has been destroyed by the United States’ unconstitutional taking of Ligado’s property." The litigation doesn't specify what the supposed systems are and indicates they could involve transmitters, receivers or both. Ligado said DOD has indicated it needs exclusive, permanent use of the company's spectrum authorized for wireless terrestrial 5G services. That Defense use "has prevented, and will continue to prevent, Ligado from using its duly and exclusively licensed spectrum for terrestrial services," Ligado said. It alleged uncompensated physical, categorical, regulatory and legislative takings. "If left unchecked, such uncompensated and unfettered appropriation of a company’s FCC license by other government agencies will detrimentally undermine the authority of the FCC to exclusively regulate commercial spectrum, cast doubt on the finality of FCC decision-making and regulatory processes, and create a dangerous precedent of governmental seizure of private property," it said. In its suit, Ligado cites an unnamed DOD whistleblower who allegedly shared internal emails and conversations, plus the company's own talks with current and former government officials. The whistleblower and those talks "lay bare how [Defense and Commerce] fabricated arguments, misled Congress in testimony supporting anti-Ligado legislation, and orchestrated a public smear campaign, which included repeating those false claims to the public and threatening Ligado’s business partners with canceling their own government contracts if they worked with Ligado," the company said.

Orbital debris experts think the FCC's fining of Dish Network for improper disposal of one of its satellites (see 2310020049) shows the agency getting increasingly serious about orbital debris enforcement. Yet some doubt the fine and threat of more agency enforcement action will have more than a minor effect on how space operators operate. Several saw it a sign that the agency is planting its flag as the orbital debris regulator. Space operators will be much more diligent about tracking their fuel consumption and maybe not try to squeeze quite so much operational life out of their satellites, said Mark Sundahl, director-Global Space Law Center at Cleveland State University. He said it could lead to industry standards on fuel consumption. The commission didn't comment.

A current revamp of Presidential Policy Directive 21 (PDD-21), which could mean outer space being declared critical infrastructure, is expected to be done by year's end, infrastructure policy experts told us. Proponents of such a designation say it would be a path to streamlined space industry rules, while critics warn of potentially more regulation. Asked whether it has discussed such a designation with the Department of Homeland Security, the FCC didn't comment.

Starlink is scaling quickly but doesn’t yet dominate the satellite marketplace, though it's putting increasing competitive pressure on geostationary orbit (GSO) operators, Northern Sky Research analyst Jose Del Rosario said Monday in an NSR webinar on SpaceX. Amazon's Kuiper in a couple of years could be even a bigger GSO threat than Starlink, he said.

LONG BEACH, Calif. -- The Affordable Connectivity Program enjoys general bipartisan support in Congress, but it's soft support, with ACP's looming lack of funds still not rising to the level of lawmakers' top priority, said Angelina Panettieri, National League of Cities legislative director-technology and communications, at NATOA’s annual conference Thursday. Several speakers urged localities to be active in weighing in on states' broadband equity, access and deployment (BEAD) program plans, especially with advocacy on the challenge process design. "This is a zero sum game” since an inappropriately targeted BEAD subsidy means less money for areas with real needs, said Brian Roberts, policy analyst-city and county of San Francisco.