Can't Charge Tech Fees Without Broadcaster OTT Fees, PK Tells FCC
The law doesn’t support charging tech companies regulatory fees for the benefits they receive from unlicensed devices operating in the TV white spaces, said Public Knowledge Senior Vice President Harold Feld in calls with aides to FCC Commissioner Geoffrey Starks…
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and acting Chairwoman Jessica Rosenworcel this week, said filings posted Thursday in docket 21-190. NAB argues the FCC should expand the payer base for reg fees. Microsoft and other companies “at best” benefit from white spaces indirectly through third-party networks and third-party devices, said Feld. “This benefit is far too attenuated to pass constitutional muster, and nothing in the RAY BAUM’s Act supports assessing fees for such an indirect benefit.” If the FCC did use that benefit as a reason to charge fees, it would have to do the same to broadcaster-owned over-the-top services such as Hulu and Paramount+, Feld said. “These entities, and any commercial broadcast licensee that streams internet content, enjoy a similar benefit from Project Airband as Microsoft in being able to reach new rural customers.” The issue would be "better resolved as part of the USF contribution reform discussions rather than as part of this proceeding,” Feld said.