NTIA has released the implementation plan for the national spectrum strategy. Under the plan, released today, studies for the lower 3 GHz and 7/8 GHz bands -- top priorities of wireless carriers -- are due to start this month and be completed in October 2026. They would be the last of the bands to see completed studies. A final report on 37.0-37.6 GHz will be due this November and should be the first to be completed.
The Senate reconfirmed Democratic FTC Commissioner Rebecca Kelly Slaughter and approved Republican commission nominees Andrew Ferguson and Melissa Holyoak Thursday night on voice votes, setting the body up to soon return to a 3-2 Democratic majority. The commission hasn't had any Republican members since former Commissioner Christine Wilson departed in March 2023. Sen. Josh Hawley, R-Mo., lifted his hold on Ferguson earlier Thursday after Senate Minority Leader Mitch McConnell, R-Ky., voted for Hawley’s Radiation Exposure Compensation Reauthorization Act (S-3853). Ferguson, Virginia's solicitor general, is a former McConnell aide. The chamber also unanimously confirmed FCC inspector general nominee Fara Damelin, setting up the watchdog office to have its first permanent leader since Congress made it independent of the agency in 2018.
The FCC approved, 3-2, an order reinstating the collection of broadcaster workforce demographic data, with both Republican commissioners dissenting and issuing multipage statements. "We must get our arms around this issue,” said Commissioner Geoffrey Starks, who has long pushed for the policy. “As always with good government, we start with data. And data is most effective when it is available to everyone.” By requiring that the data is publicly posted in broadcaster online files, the order will create “a race and gender scorecard for each and every TV and radio broadcast station in the country,” and violate the Constitution, said Commissioner Brendan Carr in his dissent. The order isn't "a radical break outside of this agency’s authority," said Starks. “Reinstatement of the Form 395-B data collection in a publicly available manner is wholly consistent with the equal protection guarantee contained in the Fifth Amendment of the Constitution,” said the order. Collection of data in a publicly available format “remains the best approach” for accurately analyzing workforce trends in broadcasting, the order said. “We will summarily dismiss any petition filed by a third party based on Form 395-B employment data” and “will not use this data as a basis for conducting audits or inquiries,” the order said. Both Carr and Commissioner Nathan Simington said they wouldn’t have opposed an order that kept the data anonymized. If the data collection is purely to inform policy, why does the FCC need to publicly disclose it? Simington asked. “Because the public disclosure of attributable demographic employment data this Order implements predictably serves to increase pressure on broadcast licensees to engage in racially conscious hiring,” he said. Prior to the order's release, NAB President Curtis LeGeyt told us broadcasters “are committed to ensuring our newsrooms reflect the diversity of the communities we serve." Broadcasters "encourage the Commission to partner with us on this important work to truly move the ball forward, rather than to assume that reporting alone somehow meets the moment," LeGeyt said.
A California appeals court reversed a lower court’s decision to delay a state agency’s enforcement of California Privacy Rights Act (CPRA) regulations Friday.
The FCC has made “significant progress” in its handling of the affordable connectivity program during 2022, but “improvements were needed” in measuring and providing public transparency on grant recipients’ spending of program money, the Office of Inspector General said in a Jan. 22 memo to Chairwoman Jessica Rosenworcel and other commissioners that publicly circulated Tuesday. Some congressional Republican leaders have raised concerns about the FCC’s handling of ACP amid a push to provide the program stopgap funding to keep it running through the end of this year. The Wireline Bureau said earlier this month it would freeze new enrollments Feb. 8 as part of the program's wind-down process.
The FCC is adopting, 3-2 along party lines today, an NPRM on circulation seeking comment on a requirement MVPDs refund subscribers affected by programming blackouts due to retransmission consent negotiations, a 10th-floor official tells us. Commissioners in December adopted, 4-0, a companion NPRM requiring MVPDs to notify the agency of blackouts due to failed retrans talks. Commissioner Nathan Simington expressed skepticism at the legal basis cited for the reporting requirement.
The FCC approved the 2018 quadrennial review order 3-2, according to an FCC official. The agency didn’t comment, and the order hasn’t yet been released. An FCC official confirmed that both FCC Republicans opposed the item. The order extends the agency’s prohibition on commonly owned top-four full-power network stations in a single market to include top-four programming streams, broadcast over multicast streams and low-power TV stations, according to FCC officials. Language has been added to the order since its circulation to make it clear that broadcasters can receive waivers of the ownership rules, an FCC official told us. Broadcasters are widely expected to challenge the order in court.
A draft order on collecting broadcaster and cable workforce diversity data using form 395-B has been circulated to the 10th floor, according to FCC officials and the agency’s circulation webpage, just a week after a call for action from 27 Democratic lawmakers and Commissioner Geoffrey Starks. The EEO item was teed up by a 2021 NPRM and has long been a pet project for Starks. Public interest groups and NAB have disagreed about how the data should be handled after the FCC collects it. Groups such as Common Cause want the data to be publicly available in an online portal searchable by station, while broadcasters have said the information should be anonymized. It's not yet clear what position the draft takes. The circulated item includes a report and order and a Further NPRM, according to the circulation listing.
President Joe Biden signed off Tuesday on the 5G Spectrum Authority Licensing Enforcement Act (S-2787), as expected, the White House said. The measure, which the House passed last week, gives the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year. Lawmakers viewed the measure as a stopgap measure, required after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s lapsed general auction authority.
NTIA approved volume 2 of Louisiana’s initial proposal for the broadband, equity, access and deployment (BEAD) program, making it the first state to receive full approval, the federal agency said. On a video conference with reporters Thursday, outgoing Louisiana Gov. John Bel Edwards (D) said he has no concerns that Gov.-elect Jeff Landry (R) “will depart from the commitment that we have made in our submission.”