Investors trying to push better lobbying disclosures at communications, media and tech companies through shareholder proxy proposals face a steep uphill climb. Annual reports detailing lobbying spending and strategy were put on the yearly shareholder meeting agendas for Amazon, Boeing, Charter and Disney. They were rejected at Boeing and Disney. Experts told us odds of approval generally are slim.

Approval on circulation Monday of SpaceX's pending license modification for relocating more than 2,800 planned satellites to a lower orbit has conditions limiting its use of the 12 GHz band and on spectrum sharing, parties involved in the proceeding said in interviews. The license mod had gotten heavy opposition from other satellite companies. Parties told us litigation challenging the approval is a strong possibility.

SES/O3b asked the FCC to treat SpaceX's pending license modification as newly filed in the 2020 non-geostationary orbit (NGSO) processing round, impose an aggregate collision risk limit and limit the Starlink constellation's orbital tolerance, said an International Bureau filing Wednesday. SES/O3b joined others in suggesting conditions for license mod approval (see 2104190002). Viasat, speaking with aides to Commissioners Nathan Simington and Brendan Carr about its proposed conditions, said NGSO replacement satellites must be technically identical, but SpaceX hasn't made clear if its replacements will be, and the agency should expressly exclude giving replacement authority from any action on the modification application. Giving SpaceX permission "could open the international floodgates," said University of Edinburgh astronomy professor Andy Lawrence. Pause it and similar proposals until a worldwide group of stakeholders "debate a new and improved co-ordinated regulatory framework," said Lawrence. He said the light pollution mitigation steps SpaceX took with Starlink "make only a modest difference, and we cannot guarantee that other companies and countries will be as co-operative." SpaceX didn't comment Thursday.

Noting the high use of texting by populations particularly at risk to suicide, such as kids and minorities, the four FCC members on Thursday approved a Further NPRM on a mandate that carriers provide capabilities to text the 988 National Suicide Prevention Lifeline (see 2103310030). Also getting unanimous approvals at the commissioners' meeting were an order allocating spectrum for commercial space launches and an NPRM on setting a framework for informing 911 centers of network outages affecting them, as well as an NPRM on wireless mics in the TV and other bands and an order ending the 800 MHz rebranding process (see 2104220056). Commissioners also OK'd a $4.1 million slamming fine.

Foreign-flagged satellite operators challenging FCC regulatory fees approved last year (see 2012300046) faced apparently dubious judges in oral argument Friday at the U.S. Court of Appeals for the D.C. Circuit. The three-judge panel appeared dismissive of petitioner arguments that there wasn't requisite notice and that the FCC's interpretation of the Communications Act allowing it to charge such fees is inconsistent with how it's written. A decision could come around June or July, we were told.

A 6th U.S. Circuit Court of Appeals panel seemed skeptical both of aspects of the FCC's 2019 local franchise authority order and of LFAs' ability to charge separate fees for cable operators' right-of-way access for their cable and broadband services, during oral argument Thursday. The timing of a decision on the challenge, primarily by localities, of the FCC's 2019 local franchise authority order (see 1909120028) isn't clear, we're told.

Calls for redefining broadband to 100 Mbps symmetrical as part of the White House's proposed $2.3 trillion infrastructure plan (see 2103310064) will face sizable cable industry opposition and could get caught up in partisan disagreements, broadband experts told us. The fiber broadband industry is the chief proponent of that redefinition, and some think 100 Mbps symmetrical will be an uphill battle.

A growing number of parties suggested technical conditions for any FCC approval of SpaceX's pending license modification to allow a lower orbit for more than 2,800 proposed satellites (see 2004200003), reflecting a sense that some think agency OK will be forthcoming, we're told. A lawyer involved in the proceeding said approval could come as soon as the end of the month. The commission and SpaceX didn't comment Tuesday.

Five of the National Suicide Prevention Lifeline's 180 centers nationwide already have the technology and staff training to handle text-to-988 and chat messages, and it's not clear whether they will need more if the FCC mandates that providers support texting 988, we're told. Kim Williams, CEO of Vibrant Emotional Health, which administers Lifeline, said the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration is working on a report that would include recommendations. SAMHSA said it's partnering with the FCC and carriers on the approach to implementing three-digit functionality for Lifeline. It said the ability of call centers to accommodate text-based utilization "has been -- and will continue to be -- a focus of the hotline’s operations." The FCC will vote at its April meeting on a Further NPRM on text-to-988 requirements and a possible July 16, 2022, implementation deadline (see 2103310054).

FCC Commissioner Nathan Simington said ensuring "the highest and best" intense use of spectrum and easing the path to infrastructure investment are among his top policy priorities. During a virtual AGL event Thursday, he said shrinking guard bands could be a potentially viable route. Simington said he's "skeptical" that a nationwide fiber buildout could be accomplished at $80 billion and cautioned that a Title II regulatory approach to broadband could raise the threshold for what constitutes a viable community for a broadband provider to offer connectivity. The FCC has done "quite well" in making low- and high-band spectrum available for commercial wireless, but midband needs remain, and that spectrum has a strong ability to drive 5G updates, Simington said: The FCC has the tools to make more spectrum available for terrestrial wireless, but the most effective way to use those tools is clear and open communication with federal users. "Often it's important to not let things get too far down the road before engagement." Simington said he hasn't heard any discussions about a twilight towers agenda item, though the issue could be under study at the staff level. Asked about Communications Decency Act Section 230 action at the FCC, he said it seems clear the agency has authority to take action, but whether it should is less clear. Congress might take up Section 230 without the FCC, he said, and the agency isn't likely to move any item forward before it has a fifth commissioner. He was largely critical of municipal broadband, saying systems frequently require ongoing taxpayer subsidization. Muni broadband "has on occasion filled gaps in some areas," but it's not an effective systemic solution to unserved areas, he said. Asked who will be permanent FCC chair, Simington said he has no insider knowledge, but acting Chairwoman Jessica Rosenworcel “has been doing a fantastic job. We are transacting business at a nice brisk clip.” Aurora Insight CEO Jennifer Alvarez said this fall's 3.45-3.55 GHz band auction won't be "quite as high-priced" as the C-band auction because while both represent midband spectrum, 3.45-3.55 GHz has to be shared with incumbent users. Localities lawyer Jonathan Kramer of Telecom Law Firm said small-cell deployments are varying widely in density, with two to three per square mile in some jurisdictions and 30-plus in others. He said local governments have pressing interests in knowing the numbers, locations and designs, because they are "the ones who will live with these things the next 30, 40 years."