The draft order and Further NPRM on emergency alert system tests and preventing false EAS alerts set for commissioners' Thursday meeting isn’t expected to run into opposition, FCC and industry officials told us Monday. The draft contains rules for authenticating EAS alerts, testing EAS equipment and informing the public, many involving processes and procedures already in use in some capacity by broadcasters and EAS equipment manufacturers, said Sage Alerting Systems President Harold Price. The draft item seeks comment on proposals similar to those advanced by Commissioner Jessica Rosenworcel in reaction to the Hawaii false missile alert (see 1804050055), and is expected to be widely supported, an official told us.
The Broadband Deployment Advisory Committee is slated to meet at the FCC July 26-7 (see 1807060028), with the No. 1 topic recommendations from the Harmonization Working Group, participants said. They said that's going to continue to be challenging. That working group is trying to reconcile a model code for municipalities and one for states approved by BDAC in April. The Ad Hoc Committee for Rates and Fees also will report at the meeting.
Language the Senate Judiciary Committee included in its version of the Music Modernization Act (S-2334) (see 1806280062, 1806110051 and 1806080034) ensures DOJ would have proper oversight if the department were to try to eliminate the ASCAP and BMI consent decrees, said representatives from the MIC Coalition. But a music industry attorney accused Congress of catering to the coalition, pitting wealthy companies against songwriters.
New York City and other commenters asked the FCC to preserve the 4.9 GHz band for public safety use. Comments were due Friday on a Further NPRM on the public safety band, approved 5-0 by commissioners in March (see 1803220037). Commissioners have been frustrated that 16 years after its use was approved for public safety, the band remains underused. The notice was the sixth by the FCC on the band. Comments were posted in docket 07-100.
There’s no legal reason that the FCC should wait for the U.S. Court of Appeals for the D.C. Circuit to rule on the UHF discount before deciding on Sinclair/Tribune, said the broadcasters in a joint opposition filing posted Friday in docket 17-179, responding to petitions to deny their proposed deal (see 1806210071). “Petitioners provide no legal support or precedent for this argument -- as there is none,” Sinclair and Tribune said. The broadcasters also countered attacks on their divestiture plans, local news broadcasts and scale. Delaying decisions over pending court rulings would bring the FCC “to a standstill,” Sinclair and Tribune said. “There has hardly been a time over the past twenty years when there was not an FCC rulemaking pending or subject to appeal.” The D.C. Circuit is expected to rule on the matter in August or September, but the Sinclair/Tribune comment period will wrap up this month.
Though NAB made a single proposal on AM/FM subcaps, the industry is seen as divided on the issue, and a great deal of activity on the matter appears likely as the FCC gets closer to launching the 2018 quadrennial review, radio industry officials said in interviews. NAB recommended allowing groups in the top 75 markets to own up to eight FM stations, doing away with the FM cap in the markets outside the top 75, and entirely abandoning the AM subcap (see 1806180056).
With discussions just getting started on the FCC eighth floor, the C-band NPRM and order teed up for a vote Thursday is expected to get a few changes. FCC Chairman Ajit Pai is considering relaxing the information collection requirements for smaller satellite players that’s part of the item, FCC and industry officials said Friday. The NPRM may also include a few additional questions, prompted by outreach to the FCC, the officials said. The item is expected to win easy approval by commissioners.
The European Parliament nixed a plan to start immediate talks on a proposed copyright revision measure, seeking instead fuller debate in September. The 318-278 vote Thursday rejected a negotiating position proposed by the Legal Affairs (JURI) Committee, meaning the draft copyright directive won't go to "trilogue" discussions with the Council and European Commission but will be open to full legislative debate and amendment, parliament said. The JURI approach, by Member of the European Parliament (MEP) Axel Voss, of Germany and the European People's Party, supports the EC's controversial calls for a new right (Article 11, the "neighboring" right, also called the "snippet tax") for online news publishers, and for large platforms to filter users' uploads to prevent copyright breaches (Article 13) (see 1806200011).
The Supreme Court’s Carpenter decision is a victory for privacy advocates, said experts and observers in recent interviews, but the court didn't address some emerging police surveillance technologies in its narrow decision (see 1806220052 and 1806290064).
CTIA said the FCC is in no position to determine if any telecom companies are a threat to U.S. security, and it should work with the Department of Homeland Security, which has more expertise in the area. Other commenters also urged caution. The Rural Wireless Association said the FCC has already chilled investment in rural networks. Reply comments were posted this week in docket 18-89 on the NPRM approved 5-0 by commissioners in April (see 1804170038).