The FCC hasn’t provided much guidance in recent months about where it’s headed on final rules for the 4.9 GHz band, industry officials tracking the band told us. Nearly a year ago, commissioners approved 4-0 a long-awaited order and Further NPRM on the future of the band (see 2301180062), which reversed course from a plan approved during the Trump administration.
Provisions in the 2018 quadrennial review order could inject uncertainty into negotiations between broadcasters and networks, several broadcast attorneys told us. The order’s extension of the top-four prohibition allows networks to switch an affiliation from one station to another even if that would create a same-market duopoly but only as long as there isn’t “any undue direct or indirect influence from a broadcast entity.” Attorneys told us it isn’t clear what constitutes undue influence. The QR "creates more confusion," said Rob Folliard, Gray Television senior vice president-government relations and distribution. “You can’t have a transaction where there’s confusion.”
A cable industry priority for the new year is opposing the FCC's proposal that requires MVPDs to refund subscribers for programming blackouts due to failed retransmission consent talks with broadcasters, ACA Connects President Grant Spellmeyer told Communications Daily. In an interview, Spellmeyer discussed his 18 months as ACA head (see 2205170043), video's declining -- but not negligible -- importance to his members, and cable's broadband equity, access and deployment (BEAD) program concerns. The following transcript was edited for length and clarity.
The FCC approved Friday a 2022 T-Mobile application to purchase 600 MHz licenses it was leasing from Columbia Capital, dismissing a Dish Network challenge. T-Mobile reported the deal was worth $3.5 billion. Analysts said when T-Mobile filed the application FCC approval was likely, especially since the carrier is already using the frequencies (see 2208090053).
Broadcast attorneys expect likely legal challenges against the FCC’s 2018 quadrennial review order will focus on two questions: Does the Communications Act allow the FCC to tighten regulations during the QR process? And do restrictions on shifting top-four network programming to low-power stations and multicast streams violate the Constitution?
The FTC’s proposed changes to online privacy rules could restrict access for children to services and products, an advertising group said in response to the agency’s effort to update the Children’s Online Privacy Protection Act (COPPA) (see 2312200050). Yet as they gear up for a renewed policy debate in 2024, child-safety advocates told us the proposed changes are an overdue response to a rapidly evolving market overcome with AI technology.
Congress is unlikely to follow up the 5G Spectrum Authority Licensing Enforcement Act (S-2787) with a near-term agreement on a broader spectrum legislative package, certainly not in time to factor into the upcoming debate over funding the federal government once an existing continuing resolution expires Feb. 2, lawmakers and lobbyists told us. President Joe Biden signed the 5G Sale Act last week (see 2312200061), giving the FCC temporary authority to issue 2.5 GHz band licenses that T-Mobile and others won in a 2022 auction. All sides view the measure as a stopgap, required after months of stalled talks on Capitol Hill for a broader legislative package that would renew the FCC’s lapsed general auction authority (see 2312040001).
Leaders of the 12 GHz for 5G Coalition told us they expect an order opening use of the lower 12 GHz band for fixed-wireless in Q1 2024. The group's leaders had hoped for action by the end of this year, after commissioners approved a Further NPRM in May examining the band's future (see 2309110061).
NTIA "directionally aligned" its approach to the broadband, equity, access and deployment (BEAD) program in a policy notice released Tuesday. The notice signaled NTIA's BEAD approach is generally in line with the Treasury Department's broadband infrastructure projects and the FCC's USF policies. The notice comes after NTIA received more than 60 comments from a range of stakeholders seeking exceptions and program adjustments.
The commercial space community is divided over an FAA proposal that upper-stage commercial rocket bodies and other components exit orbit within 25 years of launch. Comments are due Tuesday on an FAA draft NPRM (see 2309290057). Some in the commercial space sector argue the proposed 25-year limit will be ineffective; others say the FAA lacks the regulatory authority to oversee orbital debris issues.