Industry and consumer groups disagreed on whether updating the FCC's broadband speed benchmarks is necessary (see 2311010062). Some cited ongoing federal broadband deployment programs and private investments and encouraged the FCC to focus its report to Congress regarding the state of broadband on policies that could further facilitate deployment. Comments were posted Friday and Monday in docket 22-270.

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.

FCC commissioners voted 3-2 Wednesday to adopt rules aimed at curbing digital discrimination (see 2310250070). The Infrastructure Investment and Jobs Act-mandated order takes steps to facilitate equal access to broadband and investigate instances of discrimination. The commission also adopted a Further NPRM seeking comment on additional measures the FCC can take to advance equal access.

Several groups met individually this week with FCC staff regarding the agency's draft rules on digital discrimination that will be considered during the commissioners' Nov. 15 open meeting, per filings posted Wednesday in docket 22-69. In a meeting with the Consumer and Governmental Affairs Bureau, the National Digital Inclusion Alliance sought clarification on how the FCC will address "present conditions" if retroactive liability won't apply to any final rules. NDIA also urged the adoption of a formal complaint process "to ensure consistency in how the commission handles digital discrimination complaints, regardless of staff or leadership changes." Verizon raised concerns in separate meetings with Wireline Bureau staff and an aide to Commissioner Nathan Simington about the "expansive list" of factors in the definition of "other quality of service metrics" in the draft order. The FCC should "include language in the order stating that neither the scope of the order nor any of its other provisions or rules is intended to limit a provider’s ability to improve its customers’ experience," Verizon said. NCTA warned in separate meetings with a Simington aide and an aide to Chairwoman Jessica Rosenworcel that the lists of covered entities and services "will make the draft order unworkable in practice." ACA Connects said in a letter that the draft order would "chill investment and innovation" if adopted in its current form. It asked the FCC to clarify that it will assess providers' technical and economic feasibility based on their "industry-standard, multi-year upgrade and build cycles." NTCA raised similar concerns, saying "disparate outcomes may emerge from technological and economic considerations." The Wireless ISP Association raised concerns about the use of "subjective terms" in the draft's definitions, saying the draft is "impermissibly broad." WISPA urged the FCC to "reverse course" by limiting provider's obligations to its own "similar circumstances" and "prior success" to prove technical or economic infeasibility rather than requiring it to obtain information from other covered entities.

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.

FCC commissioners divided Thursday on a vote to reestablish net neutrality rules, during the agency's first open meeting with a full commission since Chairwoman Jessica Rosenworcel took the helm (see 2310130051). Commissioners Brendan Carr and Nathan Simington voted against an NPRM seeking comment on a proposal to return to 2015 rules that classified broadband as a Title II telecom service.

FCC Chairwoman Jessica Rosenworcel circulated two NPRMs on the 10th floor that would seek comment on requiring MVPDs to refund subscribers affected by programming blackouts due to retransmission consent negotiations and report such blackouts to the FCC within 24 hours, said a news release Wednesday. MVPDs are likely to object to the proposals, which would likely increase pressure on them during retrans negotiations. “Enough with the blackouts,” said Rosenworcel in the release. “When consumers with traditional cable and satellite service turn on the screen, they should get what they pay for,” she said. “If the screen stays dark, they deserve a refund.”

The FCC can’t take the same approach on robotexts as it does on robocalls, said Wilkinson Barker’s Matt Gerst, representing CTIA, during an FCBA webinar Wednesday. Other industry speakers said the FCC’s attack on robocalls since 2017 appears to be paying dividends, though work remains.

Nexstar and DirecTV signed a deal on retransmission rights for 176 Nexstar stations, ending a 76-day blackout for those stations but leaving behind an open FCC complaint, an ongoing antirust court battle and a continuing blackout for 27 other stations owned by Mission Broadcasting and White Knight Broadcasting but operated by Nexstar through shared service agreements. DirecTV and Nexstar announced “a comprehensive new multi-year distribution agreement” in a joint release Monday, a day after announcing the return of Nexstar’s programming to DirecTV, DirecTV Stream and U-Verse. Terms of the agreements weren't disclosed.

Different states could see varying levels of interest from ISPs in bidding on broadband equity, access and deployment (BEAD) program projects due to how they craft project requirements, cable industry experts say. Among these are prevailing wages for subcontractors and middle-class affordability offerings. Unclear is how many BEAD eligible areas end up with just one bidder, or none, we're told.