Broadband providers, broadcasters, satellite companies and the FirstNet Authority urged the FCC not to expand outage reporting requirements. Meanwhile, groups such as Public Knowledge, Next Century Cities and The Utility Reform Network (TURN) said increased reporting rules are a matter of public safety. Comments were filed in docket 21-346 by Monday’s deadline.
Vermont’s net neutrality law seems in good shape legally following two significant, late-April decisions by the FCC and the 2nd U.S. Circuit Court of Appeals, said experts on the statute. ISP groups must decide what to do with their 2018 lawsuit at U.S. District Court of Vermont now that the case can resume following the 2nd Circuit ruling.
The cable industry is urging the FCC to simplify the proposed reinstatement of the collection of FCC Form 395-A, which concerns the workforce composition of multichannel video programming distributors (MVPDs). Smaller MVPDs especially lack resources for handling extensive regulatory requirements, ACA Connects said in docket 98-204 comments this week. It said the agency should let 395-A submissions be made through the Cable and Operations Licensing System, which would help minimize compliance costs. It also urged that mandatory 395-A submissions not occur until at least a year from the effective date of an order reinstating data collection. NCTA also suggested ways of reducing cable operator burden, such as requiring information be made available only through the FCC-hosted Online Public Information File, rather than also through MVPD local facilities or websites. NCTA said the FCC should opt for EEO-1 forms, which would provide substantially similar information, rather than 395-As. American Free Enterprise and the U.S. Chamber of Commerce said collecting and disclosing race, gender and ethnicity employee data "is intended to pressure MVPDs to discriminate in recruiting and hiring to bring their workforce composition in line with prevailing notions of 'diversity,'" They urged withdrawal of the proposed rule, saying that publishing the data to pursue increased representation of certain demographics at MVPDs goes against the Fifth Amendment.
Federal law doesn't preempt New York state’s Affordable Broadband Act (ABA), the 2nd U.S. Circuit Court of Appeals decided Friday. In a 2-1 opinion, the court reversed the U.S. District Court for Eastern New York, which had barred the state from enforcing the 2021 Affordable Broadband Act (ABA). The ABA required $15 monthly plans providing 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households.
Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.
CTIA and the major wireless carriers urged the FCC to clarify that the Telephone Consumer Protection Act doesn’t apply to robocalls and robotexts from wireless service providers to their subscribers, in reply comments posted Monday in docket 02-278. Consumer and public interest groups argue that providers shouldn’t receive special treatment (see 2404050044). Commissioners approved a Further NPRM in February seeking comment on the wireless provider exemption (see 2402160048).
The Federal Emergency Management Agency and the National Weather Service (NWS) joined commenters from the broadcast, MVPD and emergency alerting industries in pushing back on an FCC proposal (see 2402150053) requiring multilingual emergency alert system warnings facilitated by scripted templates, according to comments posted this week in docket 15-94. Though nearly every commenter acknowledged the importance of multilingual EAS, they also said the FCC’s proposal is too preliminary, would greatly burden broadcasters and MVPDs, and in some cases isn’t technically feasible. “The use of pre-installed templates may not be an effective approach,” said the FEMA Integrated Public Alert Warning System Program Office.
The FCC should delay a 5G Fund auction until broadband equity, access, and deployment program funds ae awarded, ACA Connects said in a filing posted Tuesday in docket 20-32. “Though the Commission’s high-cost programs distinguish fixed service from mobile service, 5G networks are capable of, and already provide, both,” ACA said: “5G fixed service providers have signed up millions of customers annually in the past few years, capturing the lion’s share of recent fixed broadband growth and providing intense competition to wireline providers.” The association said “where fixed and mobile broadband services were once distinct segments of the marketplace, 5G blurs the line between the two.” The Competitive Carriers Association raised similar timing concerns in a meeting with aides to Commissioner Geoffrey Starks. “It is critical that a 5G Fund auction does not occur prematurely to ensure funds are used most efficiently and are targeted to those areas that need it most,” CCA said: “Fiber deployed through the BEAD program will provide a tremendous resource for future 5G mobile deployments as fiber is needed to connect towers across rural America.” CCA said fiber backhaul can comprise up to 20% of the cost of deploying a tower.
FCC commissioners will vote on restoring net neutrality rules during the agency's April 25 meeting, Chairwoman Jessica Rosenworcel announced Wednesday (see 2403290057). Commissioners will consider a declaratory ruling, order, report and order, and order on reconsideration. "A return to the FCC’s overwhelmingly popular and court-approved standard of net neutrality will allow the agency to serve once again as a strong consumer advocate of an open internet," Rosenworcel said. Also on April's agenda is a draft NPRM about georouting 988 calls (see 2404030051).
The FCC's proposed $1.8 million proposed forfeiture for Nexstar and sidecar operation Mission Broadcasting (see 2403220067) is "an encouraging sign to everyone that has been urging the Commission to bring an end to this media ownership shell game" that are sidecar agreements, ACA Connects Vice President-External Affairs Zamir Ahmed blogged Thursday. He said broadcasters use sidecars to "circumvent federal rules and squeeze even more money out of pay-TV subscribers." The FCC action "should be just the first step in increased oversight of sidecar agreements that overstep the law," he said.