Some FCC rules targeted for the deregulatory ax under the agency’s “Delete, Delete, Delete” proceeding were defended in reply comments, according to filings this week in docket 25-133, where replies were due Monday. The proceeding saw legions of initial commenters mentioning regulations from all corners of the communications regulation sphere (see 2504140063, 2504140046 and 2504140037). Replies were similarly active and far-reaching.
Broadcasters called for the FCC to “delete” nearly every reporting and filing obligation the agency imposes on them in scores of comments posted in docket 25-133 Monday, but the agency should roll back ownership rules first, NAB said. Multichannel video programming distribution (MVPD) interests and allies repeatedly argued that the highly competitive video distribution marketplace necessitates doing away with rules they claim tip the competitive scales. The docket also received many comments from space interests and the telecom industry (see 2504140037 and 2504140046).
USTelecom warned that changes to pole attachment rules could harm broadband deployment under the BEAD program. In a filing posted Wednesday in docket 17-84, USTelecom cited recent filings by ACA Connects (see 2503110021), electric utilities and others. USTelecom members “are working to deploy broadband as quickly as possible and support Commission efforts to speed such deployments, including those funded through BEAD and other government programs,” the group said. “However, departing from the negotiated timelines required under the Commission’s current rules and adopting one-size-fits-all make-ready timelines for large make-ready orders will not speed deployment in BEAD or otherwise.”
The FCC is seeking suggestions on which of its rules should be eliminated in a docket (25-133) called “In re: Delete, Delete, Delete,” the agency announced in a news release and public notice Wednesday. “The FCC is committed to ending all of the rules and regulations that are no longer necessary. And we welcome the public’s participation and feedback throughout this process,” Chairman Brendan Carr said in the release. “For too long, administrative agencies have added new regulatory requirements in excess of their authority or kept lawful regulations in place long after their shelf life had expired.”
Accessing investor-owned utility poles in a timely and cost-effective way continues to be a big challenge, ACA Connects and four of its members told FCC Chairman Brendan Carr's office and the Wireline Bureau. In a docket 17-84 filing Tuesday, Shentel said it has open pole permit applications that are 400-plus days old, and the cable ISP hasn't been able to get preapproved utility contractors to perform electrical construction make-ready due to lack of investor-owned utility support. Shentel urged a streamlined process for facilities-based providers doing self-help engineering and electrical construction make-ready. Breezeline raised concerns about non-uniform utility procedures and different states' attachment rules, while Mediacom said it has focused on underground construction for government-funded projects to avoid the pole attachment process. Also accompanying ACA was Armstrong.
Permitting reform has bipartisan support, which bodes well for substantial action soon, speakers said Wednesday at ACA Connects' annual Washington summit. Yet while there's support, "nobody can quite figure out what [reform] looks like,” said Senate Commerce member John Curtis, R-Utah. Besides broadband, other sectors, such as energy, also have permitting woes, he added. Speakers said they believe BEAD, with some rules changes, will move forward. Commerce Secretary Howard Lutnick said the agency is launching a review of BEAD rules and dropping its fiber focus (see 2503050067).
Commerce Secretary Howard Lutnick said Wednesday he’s launching a “rigorous review” of NTIA's $42.5 billion BEAD program and will be “ripping out … pointless requirements” that the Biden administration included in the initiative’s original notice of funding opportunity, which Republicans repeatedly criticized last year. House Communications Subcommittee members divided sharply along party lines during a Wednesday hearing over Republicans’ push to revamp BEAD, including the newly filed Streamlining Program Efficiency and Expanding Deployment (Speed) for BEAD Act from subpanel Chairman Richard Hudson of North Carolina and other GOP lawmakers.
ACA Connects CEO Grant Spellmeyer and two other communications industry executives set to appear at a House Communications Subcommittee hearing Wednesday urge lawmakers in written testimony to revamp the NTIA-administered, $42.5 billion BEAD program. Some also say they want quick congressional action on a potential U.S. Supreme Court overturn of USF’s funding mechanism. Sarah Morris, acting deputy NTIA administrator during the Biden administration, is also set to testify. Her written statement wasn’t available Tuesday afternoon. The panel will begin at 2 p.m. in 2123 Rayburn.
NCTA President Michael Powell is retiring by year-end, the cable industry group said Thursday. He has held the position since spring 2011. Powell, 61, spent a term as FCC commissioner, starting in November 1997, and then served as chairman from 2001 through March 2005. Powell's "strategic insight and commitment have shaped the cable industry’s most significant achievements, and his leadership will be greatly missed," NCTA board Chairman and Cox Communications President Mark Greatrex said. NCTA said it would begin a national search for a successor. Powell "will have a lasting legacy in our industry," ACA Connects President Grant Spellmeyer wrote on X. "Thankful for his many years of service to this country and his kind mentorship to me!"
The FCC should establish a timeline for a nationwide TV transition to ATSC 3.0, with stations in the top 55 markets -- covering 70% of the U.S. population -- shifting to 3.0-only broadcasts by February 2028, NAB said in a petition for rulemaking Wednesday. Under the proposed timeline, the remaining markets would transition to 3.0 -- which ATSC 1.0 TVs can't receive without a converter -- by February 2030. The petition also asks the FCC to change its rules to require new TVs to be able to tune ATSC 3.0 channels and require manufacturers to make accessing broadcast channels easier on new devices. “Without decisive and immediate action, the transition risks stalling and the realistic window for implementation could pass,” NAB said in the petition. “The time for half-measures is over.”