MVPDs won't let C-band satellite operators do earth station work without site-specific plans that ensure no disruptions in service, so satellite operators' band transition plans have to meet ACA Connects criteria, the trade group told FCC Wireless Bureau and Office of Engineering and Technology staffers, said a docket 18-122 posting Thursday. It's concerned satellite operators are collecting only antenna data and not headend information, which could force MVPDs to do the earth station work themselves with a lump sum amount that won't cover costs or having the work done by satellite operators "who do not appear prepared to take sufficient responsibility for all work necessary." It argued for its proposed lump sum amount of $764,500. The Church of Jesus Christ of Latter-day Saints said the commission should extend the comment deadline in the lump sum public notice, and release more information about the assumptions and methodology underlying its proposed lump sum payment amounts. NCTA and ACA also asked for an extended comment timeframe (see 2006100005).
Cable TV leased access rules should make clear average implicit fee calculations are done only on request and no more than once every 12 months, ACA Connects representatives told FCC Media Bureau staff, according to a docket 20-35 posting Thursday. The FCC is considering simplifying the formula, but a limit of doing that calculation every 12 months still seems appropriate, ACA said.
Maine and friends can’t save the state’s ISP privacy law, said industry plaintiffs ACA Connects, CTIA, NCTA and USTelecom in a Wednesday reply (in Pacer). “Implicitly acknowledging its frailty, Defendant offers narrowing constructions to correct some of its flaws, simply ignores others, and attempts to backfill the absence of legislative findings with post-hoc rationalizations," the industry groups said in case 1:20-cv-00055. "None of this overcomes the Statute’s insurmountable constitutional and preemption problems.” Public Knowledge and other amici supported Maine's law (see 2006010038).
The FCC is seemingly confident the C-band band transition plan cost estimates due Friday won't be inflated. Eutelsat warned about possible abuse of relocation funding (see 2005150028) and Director-Regulatory Affairs and Spectrum Wladimir Bocquet told us some cost estimate ranges in the FCC's draft cost catalog were considerably high, particularly for launches and replacement satellites. Cable interests are asking for more time to review the satellite transition plans.
Commissioners 3-2 approved procedures for the Rural Digital Opportunity Fund Phase I auction Tuesday, with partial dissents from Commissioners Jessica Rosenworcel and Geoffrey Starks. The Democrats repeated concerns about spending most of RDOF's $20.4 billion 10-year support before the agency has access to reliable data on all areas unserved by 25/3 Mbps.
Having large cable operators continue to compile and upload attributable programming interest information to make future program access complaints easier is reasonable due to how difficult it can be to independently obtain such details, ACA Connects said in docket 20-35 Wednesday. It said the compliance burden is minimal. ACA responded to criticisms from NCTA, which didn't comment.
Maine Attorney General Aaron Frey (D) opposed the telecom industry seeking immediate ruling that the state’s ISP privacy law is unconstitutional (see 2004070015). “It would be premature -- and misguided -- for the Court to grant judgment to” ACA Connects and other plaintiffs, the defendant said (in Pacer) Wednesday at the U.S. District Court of Maine. “The First Amendment accords comparatively less protection to commercial speech than traditional protected speech,” Frey said. The AG separately moved (in Pacer) for judgment on the industry’s federal preemption claims.
Cable, state and consumer officials say legal fights in Maine and New Jersey with cable operators challenging state prorating laws aren't likely to be replicated elsewhere because momentum is unlikely for other statehouses to adopt such rules and many states lack cable authority. Not offering pro rata refunds is a relatively new cable practice, and Maine and New Jersey losing their fights with Charter and Altice, respectively, could be "a green light" for other cable operators to follow suit, said Consumers Union (CU) Senior Policy Counsel Jon Schwantes.
Blue Apron's Jason Hatcher, vice president-operations, and Greg Wysocki, vice president-procurement and supply chain, take over fulfillment and supply chain operations ... Nexstar promotes Chris Pruitt to vice president-general manager, broadcast and digital operations in Houston ... Senate confirms John Ratcliffe, 49-44, as director of national intelligence (see this section, May 20).
House Consumer Protection Subcommittee ranking member Cathy McMorris Rodgers, R-Wash., criticized the House-passed Health and Economic Recovery Omnibus Emergency Solutions Act (HR-6800) during a Wednesday ACA Connects event. She nevertheless remains “committed” to enacting privacy legislation this year. HR-6800 was “more of a statement” bill than a serious effort to enact more COVID-19 aid and largely passed “on a partisan basis," McMorris Rodgers said. The measure, OK'd 208-199 (see 2005180056), contains emergency broadband funding and would make local broadcasters and other media outlets eligible for the federal Paycheck Protection Program. McMorris Rodgers criticized language to bar ISPs and voice providers from terminating or otherwise altering service to individual customers and small businesses because of an inability to pay caused by pandemic-caused economic hardships (see 2005210033). She criticized House Democratic leaders for moving to change the chamber’s rules to temporarily allow proxy voting and virtual participation in committee business (see 2005180042), saying she has “serious concerns” it could further “concentrate power” in the office of House Speaker Nancy Pelosi, D-Calif. McMorris Rodgers is “hopeful” Commerce Committee Chairman Frank Pallone, D-N.J., will continue his efforts during the epidemic to ensure all conference calls and other committee business include bipartisan participation. COVID-19 has “underscored” the importance of passing privacy legislation this year, though it’s disappointing House and Senate Democrats filed the pandemic-specific Public Health Emergency Privacy Act last week, McMorris Rodgers said. She fears HR-6866/S-3749, which aims to ensure data collected for public health purposes is strictly limited to use for that purpose (see 2005140058), “is going to undermine our efforts” to pass a more comprehensive measure. Lawmakers “need to make sure that we get it right,” McMorris Rodgers said.