T-Mobile’s MetroPCS won judgment Friday against the California Public Utilities Commission in a dispute about USF surcharges (case 3:17-cv-05959-JD). "The Court concludes that the CPUC’s 2017 and 2018 resolutions are preempted as applied to MetroPCS because they would impose surcharges on revenues from services that are not subject to surcharge, in violation of federal law,” Judge James Donato of the U.S. District Court for Northern California wrote.
TV broadcasters are seeing increases in commercial advertising, but they have concerns about being compensated for their programming and don’t see big M&A opportunities on the horizon, said Tegna, Gray Television and Sinclair Broadcast executives in those companies’ Q2 earnings calls last week. “Increased competition from technology companies, streaming content providers, and the [broadcasting] networks as well as continued regulatory constraints means that we must transform to remain relevant and to grow impressions and revenue,” said Sinclair CEO Chris Ripley.
The independent programmer NPRM circulated on the 10th floor last month (see 2307120072) is largely seeking to refresh the record of the 2016 indie programming NPRM, FCC officials told us. The NPRM is light on conclusory language and asks a lot of questions about issues like most-favored-nation (MFN) and alternative distribution method provisions in program carriage agreements, they said. Indie programmers and allies said the need for FCC intervention hasn't lessened in the intervening years.
The FTC defended its enforcement track record under Chair Lina Khan this week, as detractors criticized her aggressive antitrust approach as being anti-free market.
FCC commissioners approved a notice of inquiry on the use of AI and other technologies in managing how spectrum is used and an order providing an up-to-$75 monthly broadband benefit, through the affordable connectivity program, for subscribers living in qualifying high-cost areas, both 4-0 Thursday.
Industry experts raised concerns Wednesday about the future of the FCC’s Secure and Trusted Communications Networks Reimbursement Program. Panelists during a Broadband Breakfast webinar urged quicker action from Congress on additional funding (see 2307180079).
The FCC’s draft notice of inquiry on understanding nonfederal spectrum use “through new data sources, technologies and methods” appears to be generating little official reaction from the wireless industry. Only one party filed comments on the draft in a new docket, 23-232 -- the Institute for the Wireless IoT at Northeastern University. No one reported meetings at the FCC about the draft. Some experts said it's unclear what the NOI will accomplish. Commissioners are expected to approve the item at their Thursday meeting, officials said.
The CEOs of the major U.S. tower companies in recent calls with analysts all acknowledged a general slowdown in Q2 on carrier deployment of 5G. SBA on Monday became the last of the big three to report earnings.
DOJ and the FCC on Monday defended the commission’s order last year further clamping down on gear from Chinese companies, preventing the sale of yet-to-be authorized equipment in the U.S. (see 2211230065). Dahua USA and Hikvision USA challenged the order, which implements the 2021 Secure Equipment Act, questioning whether the FCC exceeded its legal authority (docket 23-1032). The case is in the U.S. Court of Appeals for the D.C. Circuit. Oral argument isn't scheduled.
The FCC unanimously approved an order and NPRM on digital FM, said an agency news release Tuesday (see 2301130053). The item was on the agenda for commissioners' open meeting Thursday but was instead voted Monday, and a deletion notice was issued. Stemming from petitions filed by NAB and Xperi, the item proposes relaxing restrictions on digital FM power levels to make it easier for more stations to improve their digital FM coverage. The FCC said the proposals in the NPRM would “offer more efficient FM digital operation, increase digital signal coverage and provide a more robust digital signal for reception inside buildings,” though some raised concerns about increased interference. “This would AM-ize the FM band,” said broadcaster Robert McAllan, CEO of Press Communications, referring to the high levels of background interference from multiple sources in the AM band.