Federal Communications Commission (FCC)

A school bus is neither a classroom nor a library and that “makes short work of this case under basic principles of administrative law,” the opening brief said Tuesday (docket 23-60641) in support of a 5th U.S. Circuit Appeals petition to defeat the FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040).

The U.S. table of frequency allocations can differ from the international table because of variations in U.S. rules, FCC Office of Engineering and Technology officials explained during an FCBA lunch Thursday. Attendees heard from Nicholas Oro, deputy chief of the Policy and Rules Division, and Jamie Coleman, chief of the Spectrum Policy Branch. The U.S. doesn’t adopt all the allocations in the international table and may adopt additional allocations, Oro said. Most parts of the table match, he said. Oro noted as one example the supplemental coverage from space (SCS) framework that commissioners approved two weeks ago (see [2403150045). In each of the bands affected, across the 600-700 MHz frequency range, the U.S. table now shows a secondary mobile service allocation, he said. That allocation isn’t included in the international table. “This is kind of the case of the U.S. getting out ahead of the international community,” Oro said. Another example is 6 GHz, where the international table has an allocation for mobile communications but the U.S. table doesn't, he said. Changes to the U.S. table often come through NTIA or as a result of actions during a World Radiocommunication Conference, Oro said. In addition, changes are made as a result of commission orders, he said. All changes require that the FCC seek public comment. NTIA has its own rulebook, the “Manual of Regulations for Federal RF Spectrum Management” or “Redbook,” which applies to federal agencies. Making changes doesn’t require a rulemaking process, Oro said. Coleman said her team at OET is largely responsible for managing the frequency table, ensuring updates are made, checking footnotes and issuing Federal Register updates when needed. “It’s a lot of work,” she said. Her office also works with other parts of the commission “to make sure that we’re properly analyzing … revisions and their impact on other areas of the spectrum.”

The FCC announced the membership of the rechartered Communications Equity and Diversity Council ahead of the group’s first meeting Wednesday. FCC Chairwoman Jessica Rosenworcel announced in May that she would recharter the advisory committee, and the group’s new charter began in June (see 2305250058). “Currently, across the federal government, including here at the Commission, there is a focus on ensuring equity for all, including under-served communities,” Rosenworcel said in a news release Tuesday. “The CEDC exists to help level the playing field.” Wednesday’s meeting will open with an address from Rosenworcel, and otherwise involve introducing the advisory committee’s members, announcing working groups and receiving guidance on federal advisory committee best practices. Many members are returning from the previous charter, including the group’s chair and vice chairs (see 2403150059), Neptuno CEO Leticia Latino-van Splunteren, Multicultural Media Telecom and Internet Council President Robert Branson and former FCC Commissioner Henry Rivera. New members include University of Minnesota journalism professor Christopher Terry.

State enforcers of net neutrality report no legal actions against ISPs more than five years after the laws took effect. A Communications Daily public records request showed that Washington state’s attorney general's office received 21 complaints related to net neutrality since enacting its first law in March 2018, but most were resolved informally. Half the states with such laws told us they hadn’t received complaints.

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.”

Senate Commerce Committee Chair Maria Cantwell, D-Wash., told us Thursday she hopes to soon file legislation on a five-year renewal of the FCC’s lapsed spectrum auction authority without language authorizing sales of specific bands, despite Republican criticism during a Thursday hearing about omitting an airwaves pipeline. Senate Commerce ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., emphasized their 2024 Spectrum Pipeline Act (S-3909) as an antidote to concerns about the Biden spectrum strategy, as expected (see 2403200001). The hearing also revealed clear divisions among panel Republicans about continuing to explore 5G use of the 3.1-3.45 GHz band, which has drawn opposition from DOD and top Capitol Hill allies (see 2403200061).

The full FCC -- with Commissioner Brendan Carr concurring in part -- proposed a $612,395 forfeiture against Nexstar for violating the 39% national ownership cap and taking de facto control of Mission Broadcast’s WPIX New York station without agency permission, said a notice of apparent liability issued late Thursday. The NAL also proposes requiring Mission within 12 months to either divest WPIX to a third party or apply to the FCC to sell it to Nexstar, which in turn would have to divest stations to come in under the national cap. The FCC “is prohibited from allowing a company to own or control broadcast stations that in total reach more than 39 percent of the national television audience,” said Chairwoman Jessica Rosenworcel in a brief statement released with the NAL. “The record here reflects a situation where a company exceeds this threshold. Unless and until Congress changes this law, it is the responsibility of this agency to enforce it.” Nexstar is a client of Wiley, Commissioner Anna Gomez's former law firm. Late last month, she received an ethics waiver that allows her to vote on enforcement items involving Wiley clients (see 2403150055). Nexstar’s relationship with Mission and WPIX was the focus of multiple court and FCC proceedings (see 2402130023), one of which was recently decided in Nexstar’s favor (see 2403210027). “NALs are not final decisions on the merits,” said Carr’s concurrence, in which he objected to the NAL citing aspects of Nexstar's relationship with Mission, which past FCCs approved, as part of the company's violations. “And I will keep an open mind as the FCC reviews the record in response to this document. Part of that will require the FCC to ensure that any remedies the agency finds necessary are ones that are appropriate given the procedural posture of this enforcement action.” Nexstar is “extremely disappointed in today’s action by the Federal Communication Commission regarding our relationship with WPIX-TV and we intend to dispute it vigorously,” said CEO Perry Sook in a release. “We believe the FCC has been misled by the often distracting noise in the media ecosphere and that it has completely misjudged the facts.”

A Thursday Senate Commerce Committee hearing is likely to highlight stark differences between panel leaders’ competing proposals for a spectrum legislative package, including whether it should mandate sales of specific bands before NTIA completes studies of those frequencies in keeping with the Biden administration’s national spectrum strategy (see 2403120006). Lawmakers’ apparent failure to reach a deal allocating additional money for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program (see 2403190062) as part of a FY 2024 still-unreleased “minibus” spending package also ratchets up the pressure for a spectrum bill to use future auction revenue to pay for multiple telecom priorities, officials and lobbyists told us.

The FCC released the Further NPRM added to an order on a voluntary cyber trust mark program that commissioners approved 5-0 last week (see 2403140034). The final order includes numerous other tweaks to the draft, addressing security and excluding motor vehicles and related equipment. The order and FNPRM were posted in Monday’s “Daily Digest.”

Advocates of additional federal funding for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program were closely monitoring congressional negotiations Friday in hopes appropriators would reach a deal addressing both priorities as part of a second tranche of FY 2024 spending bills lawmakers want approved before midnight March 22. Rip-and-replace supporters voiced strong optimism that the next “minibus” package would include $3.08 billion to fully fund that program. ACP backers were, at least privately, growing less hopeful of a deal including their priority.