The FCC approved unanimously an NPRM on ATSC 3.0 and an order relaxing location rules for FM translators at Thursday’s commissioners' meeting, as expected (see 1702210058). Commissioner Mignon Clyburn supported the NPRM on the new TV standard, but was critical of aspects of the document and said it didn’t do enough to show that TV consumers won’t have their service disrupted by the transition to ATSC 3.0.
The California Public Utilities Commission may consider extending right-of-way (ROW) rules of commercial mobile radio services (CMRS) to wireless pole attachments by CLECs. A proposed decision by CPUC President Michael Picker released Wednesday would grant the Wireless Infrastructure Association’s petition to open a rulemaking on the subject. Commissioners could vote on the proposed decision at their March 23 business meeting, it said. "We agree with WIA’s assessment that extending the Revised ROW Rules to CLECs’ wireless pole attachments would advance the State’s policy objectives in Cal. Pub. Util. Code § 709,” the proposal said. “Our goal for the rulemaking proceeding is to advance the public’s interest in the development of safe and competitive telecommunications infrastructure that provides ubiquitous, competitive, and affordable telecommunications services.” But the proposed decision itself doesn't say whether the rules should be applied to CLEC wireless pole attachments, it said. In the proposed proceeding, the commission would consider rules to ensure construction, operation and maintenance of wireless pole attachments, protect worker and public safety, and preserve reliability of power lines and other collocated utility facilities, the CPUC said. The commission would seek comment on whether space is sufficient on existing utility poles to support additional telecom attachments, if the costs of replacing existing poles to support additional attachments pose a barrier to entry, and if the “urban streetscape” can support more pole attachments, more utility poles or larger poles to replace existing ones. Comments would be due 30 days after a final order is issued, the CPUC said. Earlier this month, the state commission denied a similar petition by the cable industry to extend CMRS ROW rights to cable wireless facilities (see 1702090043). "We are pleased the Commission has accepted our petition for rulemaking and look forward to providing comment on these important issues," WIA Senior Government Affairs Counsel Van Bloys emailed.
Sinclair’s One Media is continuing development of ATSC 3.0 products and services that will “lead to next-gen business opportunities,” said CEO Chris Ripley on a Wednesday earnings call. One Media’s ATSC 3.0 efforts include work on single-frequency-network deployment, automotive telematics, “a 3.0 transition plan and other business-model opportunities,” said Ripley.
Sen. Claire McCaskill, D-Mo., pressed FCC Chairman Ajit Pai on a video programming rulemaking, in a letter dated Monday. “After reviewing confidential documents from many of the largest cable and satellite providers and conducting dozens of interviews with television distributors and networks alike, I found that unconditional most favored nation (MFN) clauses and overly restrictive alternative distribution method (ADM) clauses may be limiting the number of choices that consumers have for viewing and purchasing content,” said McCaskill, ranking member of the Homeland Security Committee, who formerly investigated the issues in her role on the Permanent Subcommittee on Investigations (see 1606230061). “If adopted, the FCC’s proposed rule will prohibit certain types of MFN and ADM contract provisions as a means of removing ‘marketplace obstacles that may hinder independent programmers from reaching consumers.’” She sums up her findings over the course of the 16-page letter and called the FCC rule “a much needed step.” Commissioner Mignon Clyburn lauded McCaskill’s points and agreed commission action is needed, writing on Twitter. The agency has received and is reviewing the letter, a spokesman said.
Sen. Ed Markey, D-Mass., led Democrats and public interest groups Tuesday in a net neutrality news conference to resist weakening open internet protections, whether legislatively or at the FCC. He and other Senate Democrats cast aspersions on FCC Chairman Ajit Pai, suggesting he would act on behalf of incumbent ISPs. Markey declined to comment in any detail on possible negotiations beginning between Commerce Committee Chairman John Thune, R-S.D., and ranking member Bill Nelson, D-Fla.
The FCC will advance broadcasters closer to a new standard by considering a draft NPRM in docket 16-142 on ATSC 3.0 at commissioners’ Feb. 23 meeting, Chairman Ajit Pai announced Thursday. The FCC also will consider a draft order in docket 13-249 that would remove the 40-mile limit on where FM translators can be placed by AM stations. Though both items are still on circulation, Pai released the full text of the items as part of a “pilot program” intended to increase FCC transparency, he said. (see 1702020051).
Video bundling is in the crosshairs of numerous small programmers and allies, with many of them urging the FCC to add it to its rulemaking on independent and diverse programming. An NPRM looking at only unconditional most-favored-nation (MFN) provisions and unreasonable alternative distribution method (ADM) provisions in carriage agreements "is like the Fire Department attempting to douse a four-alarm fire using Solo cups of water," said the American Cable Association and multiple indie programmers in joint comments posted Friday in docket 16-41.
House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.
Ex-FCC Chairman Tom Wheeler took aim at investment arguments against net neutrality and broadband reclassification, calling them the "first refuge" of ISPs and other critics. "The facts speak for themselves," he said Tuesday during a webcast. Since net neutrality rules took effect, "broadband investment is up; fiber connections are up; usage of broadband is up; investment in companies that use broadband is up; and -- get ready for it -- revenues of the broadband providers are up, because people are using it more.” Wheeler was interviewed by Harvard law professor Susan Crawford at the Berkman Klein Center for Internet & Society at Harvard University.
Elevating Ajit Pai to chairman, as expected (see 1701200051), means the FCC can proceed directly into its new agenda under President Donald Trump, without complications of an interim chairmanship and a long waiting period for a new chairman to arrive. Pai’s positions are already well known -- he has been a commissioner since May 2012, a nearly five-year track record -- so there's relatively little uncertainty on where he stands on many issues. Before he was a commissioner, Pai worked for the FCC Office of General Counsel.