The federal shutdown is keeping the FCC from processing transfer-of-control applications, but broadcasters are expecting a wave of station deal approvals when it ends, they told us in interviews. Being unable to file paperwork doesn’t delay negotiations, broadcasters told us. “We can’t file anything because nothing’s open right now,” said Circle City Broadcasting CEO DuJuan McCoy, who announced an $83 million deal Tuesday to purchase WRTV Indianapolis (ABC) from E.W. Scripps. “When you're doing deals, you worry about what you can control, and that's signing a deal, negotiating a deal and locking it up.”
The FCC released the draft items for its Nov. 20 open meeting Thursday, including an NPRM on clearing the upper C band, an order undoing the last FCC’s response to the Salt Typhoon attacks, and an NPRM seeking comment on updating telecommunications relay services.
NTIA is unfairly emphasizing use of low earth orbit satellite connectivity in BEAD, sometimes in cases where LEO doesn't make sense, some state broadband officials said Thursday. Speaking at the Schools, Health & Libraries Broadband Coalition's annual conference, Christine Hallquist, executive director of the Vermont Community Broadband Board, said many BEAD locations being awarded to LEO bids won't actually get service due to geographic issues like dense foliage and mountains. Hallquist said that of the state's roughly 15,000 BEAD locations, about 1,300 are being awarded to LEO.
AT&T filed a lawsuit Thursday in Texas against industry ad watchdog the National Advertising Division (NAD) over its attempt to block the company from running ads about T-Mobile’s repeated violations of NAD rules on deceptive ads. “It is one thing for NAD to prove ineffective at stopping deceptive advertising,” said AT&T in a complaint at the U.S. District Court for Northern Texas. “It is quite another for NAD to demand, privately and publicly, that AT&T censor its own truthful statements about T-Mobile’s deceptive advertising history -- that NAD itself disseminated to the public.”
Top Senate Commerce Committee leaders told us they aren’t yet completely ruling out proposals to make the USF subject to Congress’ annual appropriations process as part of a legislative revamp of the program. However, some panel Democrats are dubious because of flaws in the funding system, amplified by the ongoing government shutdown (see 2510230049). In comments submitted to Congress' bipartisan USF working group, some stakeholders also strongly advocated for shifting to an appropriations-based funding model (see 2509160064). Meanwhile, panelists at a Schools, Health & Libraries Broadband Coalition event Wednesday said they see appropriations as a largely unappealing option to give USF more sustainable long-term funding.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
Senate Commerce Committee Chairman Ted Cruz, R-Texas, told us he’s still planning to bring in FCC Chairman Brendan Carr for a hearing before year-end, but Democrats are concerned that he’s slow-walking scheduling that panel amid their ongoing airing of grievances about Carr's tenure leading the commission, particularly actions that critics say targeted the media’s free speech rights. As expected (see 2510280053), Senate Commerce Democrats used Wednesday's hearing on the Biden administration's social media censorship to again raise concerns about Carr’s comments last month against ABC and parent Disney, which were widely perceived as influencing the network’s since-reversed decision to pull Jimmy Kimmel Live!
Government speech coercion might be unconstitutional, but companies with business before the government aren't going to push back, panelists said Wednesday during a conference about online speech organized by the Center for Democracy & Technology and Stand Together. Free-speech advocates also criticized the FCC and FTC for increasingly weaponizing their regulatory powers.
The FCC would seek comments on options for the upper C band, including an auction of up to 180 MHz of it, in an NPRM to be voted on at the agency's Nov. 20 meeting. Congress has directed the FCC to auction at least 100 MHz of upper C band by July 2027. "We have no time to spare," agency Chairman Brendan Carr said Wednesday. "So it is now time to start making important decisions on how best to unleash new wireless services quickly in the band."
NTIA is making it explicitly clear to states that they can't impose rate regulation on BEAD projects, Administrator Arielle Roth said Tuesday. In a Hudson Institute address, Roth said the agency is telling states that providers must be protected from rate regulation and state-level net neutrality rules during the BEAD period of performance. Without those protections, state broadband regulations "could create perverse incentives" that push providers to move resources from BEAD commitments to other areas, she said, which would in turn raise the likelihood of defaults.