FCC Chairwoman Jessica Rosenworcel said Thursday that she circulated for a commissioner vote an NPRM seeking comment on further changes to rules for the citizens broadband radio service band. An FCC and NTIA agreement unveiled Wednesday on broader use of CBRS (see 2406120027) shows what's possible when you push the boundaries of how spectrum is shared, experts said Thursday during a discussion at the International Symposium on Advanced Radio Technologies (ISART) conference in Denver.
Notable CROSS rulings
The U.S. needs to move toward a firm date for the end of mandatory simulcast of ATSC 1.0 and 3.0 signals and fully transition to ATSC 3.0, but it's too early to say when that date should be, NAB CEO Curtis LeGeyt said Thursday at the NextGen Broadcast Conference in Washington. Conference-goers applauded the call for a transition deadline, and FCC Commissioner Brendan Carr echoed it, saying he would support a proceeding about the issue. Carr also suggested gauging broadcast and wireless industry interest in an "incentive auction 2.0" for low-band spectrum.
Several California bills crossed chambers Tuesday. The Assembly voted 47-15 to pass AB-1826, which updates the state’s 2006 cable law, the Digital Infrastructure and Video Competition Act. The bill would increase fines for service-quality problems and aims at increasing participation of the public and its advocates in the franchise renewal process (see 2404250036). The Assembly voted 71-0 for AB-2765, which would require the California Public Utilities Commission to report on inspections that ensure companies comply with resiliency plans. The body also voted unanimously for AB-2905, expanding the state’s autodialer definition to include calls made with an AI voice. On the privacy front, the Assembly voted 50-14 for AB-2930 to set rules for automated decision-making technology, including requiring impact assessments and disclosures to consumers. The same chamber voted 58-0 for AB-1949 to amend the California Consumer Privacy Act (CCPA) to additionally stop businesses from collecting, using, sharing or selling personal data of anyone younger than 18, unless they get consent or if it’s absolutely needed for business purposes. The state’s Democratic Attorney General Rob Bonta backed the bill (see 2401300049). In addition, the Assembly voted 50-10 to pass AB-1791, which would require social media platforms to delete personally identifiable information, called provenance data, from uploaded content. In the Senate, the vote was 38-0 in favor of SB-1223, which amends the CCPA to include “neural data” as a type of sensitive personal information. And senators voted 34-0 to pass SB-1504 to tighten a cyberbullying law that requires social platforms to have reporting mechanisms (see 2404230039). Also, the Senate voted 30-9 to approve SB-1460, which would require a group to develop model contract provisions for telecom sector apprenticeships.
The FCC’s proposed $1.8 million forfeiture against Nexstar and Mission Broadcasting over allegations that the companies misrepresented Nexstar’s control over WPIX New York (see 2403220067) is an unlawful attempt to overturn a previous FCC’s decision, violates the Constitution and changes rules without prior notice, Nexstar said in a response filing Monday. “The NAL is unlawful and the proposed forfeiture, divestiture obligations, and other requirements must be canceled and the NAL vacated in its entirety,” it said.
A combined $1.8 million proposed forfeiture for Nexstar and sidecar operation Mission broadcasting over Mission’s station WPIX New York will likely create uncertainty about similar arrangements that other broadcasters use, though attorneys and the FCC say Thursday’s notice of apparent liability is narrowly targeted. “We stress that the decision we reach today is limited to the facts before us and the relationship between Nexstar, Mission, and WPIX,” said the NAL. On the other hand, “If you’re a broadcaster with a sidecar, you’re saying ‘uh oh,’” said Holland & Knight attorney Charles Naftalin. Nexstar said it will dispute the enforcement action “vigorously.”
“Consumers shouldn’t have to pay higher prices because companies break the law,” U.S. Attorney General Merrick Garland told a news conference Thursday announcing the bipartisan antitrust suit (docket 2:24-cv-04055) against Apple brought by DOJ and the AGs of 15 states and the District of Columbia. DOJ alleges in USA v. Apple that the tech giant has consolidated its monopoly power “not by making its own products better but by making other products worse.”
The supplemental coverage from space (SCS) licensing framework on the FCC’s Thursday open meeting agenda should receive unanimous approval, space industry experts tell us. There was heavy lobbying last week on the draft order, with suggestions for edits and tweaks.
It’s unconstitutional for Washington state to tax federal Lifeline reimbursements, the Washington Supreme Court unanimously decided Thursday. Siding with T-Mobile subsidiary Assurance Wireless, the state’s high court reversed a lower court’s opinion because it found that the Universal Service Administrative Co. (USAC) is the FCC’s instrumentality and thus immune from state taxes.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and House Communications Subcommittee ranking member Doris Matsui, D-Calif., voiced varying levels of optimism during a Tuesday Incompas conference (see 2403050052) about the prospects that lawmakers will be able to reach a deal on stopgap funding that will keep the FCC’s affordable connectivity program running past this spring. The FCC said in a Monday update on its wind-down of the program that it will be able to provide only “partial” reimbursements for ACP in May (see 2403040077). Sen. Marsha Blackburn, R-Tenn., and Rep. Tim Walberg, R-Mich., highlighted their ongoing interest in enacting legislation to lift or ease permitting processes in a bid to streamline broadband deployments.
The FCC should immediately investigate Apple for blocking the functionality of cross-platform messaging app BeeperMini, several tech and policy groups said in a letter to Chairwoman Jessica Rosenworcel Tuesday. Apple's actions degrading Beeper Mini’s functionality "may have violated FCC’s Part 14 rules, which guarantee access to advanced communications services and equipment by people with disabilities,” the letter said. A total of nine entities signed the letter, including the American Economic Liberties Project, the Open Markets Institute and Y Combinator. Earlier this month, Commissioner Brendan Carr at the State of the Net conference called for a similar investigation (see 2402120068). Beeper Mini’s tech allows users of Android phones to message iPhone users without using SMS. Without the app, Android users can message iPhones only with SMS, and their text messages have limited accessibility and appear on iPhones in green bubbles rather than the blue of Apple’s proprietary iMessage service. Apple responded by repeatedly blocking Beeper Mini from accessing its system, the letter said. Apple’s actions also prevent interconnection between carriers, which could violate other FCC rules, the letter said. Apple’s actions, and “the Biden Administration’s economy-wide focus on antitrust enforcement” should immediately lead to an FCC investigation, the letter said. Apple didn’t comment.