Matt Daneman

The Entertainment Software Association's petition for extension of a waiver of FCC rules requiring advanced communication services (ACS) access by people with disabilities (see 1711010056) should be its last, disability advocacy groups said in docket 10-213 filings posted Friday, the deadline for replies. The National Federation of the Blind said the pattern of waiver extensions and delays in access to ACS features in videogames for people with disabilities "is a distressing trend" that hopefully ends with this last request. An array of groups support ESA on condition it be the final extension, to be followed by "large-scale compliance." Those groups said the FCC should make clear it will "skeptically" scrutinize claims that making ACS components of future videogames accessible isn't achievable. Signers include Telecommunications for the Deaf and Hard of Hearing, the National Association of the Deaf, the Hearing Loss Association of America, the American Foundation for the Blind, the American Council of the Blind, the National Association of State Agencies of the Deaf and Hard of Hearing, and Deaf and Hard of Hearing Consumer Advocacy Networks. The Arc of the United States said in a filing posted Monday the petition is "problematic" in not showing usability and accessibility steps for people with cognitive disabilities, so approval should be conditioned on ESA submitting a progress report next year detailing steps members have taken to include people with cognitive disabilities in user research, product design and testing and online community curation. Arc said the report should cover insights ESA members generate about such needs and any changes the members make. The requested extension would go until Jan. 1, 2019.

AT&T is ready to make concessions to get DOJ approval of buying Time Warner, but not selling assets, CEO Randall Stephenson said at the Economic Club of New York Wednesday. Experts told us AT&T's proposed conditions in its reply Tuesday to Justice's lawsuit (see 1711280063) aren't aimed at DOJ but at U.S. District Judge Richard Leon of the District of Columbia, who has the case.

Time Warner is offering MVPDs seven-year licensing terms aimed at assuaging DOJ concerns about its pending takeover by AT&T, with those terms contingent on AT&T/TW closing, the telco said its docket 1:17-cv-02511 reply (in Pacer) filed Tuesday in U.S. District Court for the District of Columbia. It responded to Justice's lawsuit earlier this month seeking to block the deal (see 1711210005). The department didn't comment.

Several small rural telcos are citing programming costs, particularly retransmission consent costs, as reasons for their exits from the video business. More likely will follow, said WTA Vice President-Government Affairs Derrick Owens. The group, in comments last month in the FCC's state of video competition proceeding in docket 17-214, said many members are "on the precipice of leaving the video marketplace" and becoming broadband only.

Antitrust experts think DOJ's litigation seeking to block AT&T's buy of Time Warner faces an arduous uphill climb in court. Some stakeholders applauded the lawsuit filed Monday in U.S. District Court in the District of Columbia (see 1711200064). If fully litigated, "it will define antitrust for years to come," said Gus Hurwitz, co-director, Nebraska College of Law space, cyber and telecom law program. A Justice win would reshape views on vertical transactions, while a loss opens the floodgates to more such transactions, he said.

DOJ is suing to stop AT&T's takeover of Time Warner (see 1711200062). There had been speculation about such litigation in recent days (see 1711130006). Justice didn't comment, though in the evening, it released a statement saying it had sued along with the court complaint.

Commerce Spectrum Management Advisory Committee members adopted subcommittee findings on 5G (see 1711150019) and had some other tech updates at Friday's CSMAC meeting. Chief of Staff Glenn Reynolds of NTIA said his agency is "close" to having a new head, with the delay in the presidential signature on David Redl's confirmation paperwork (see 1711160043) perhaps due to President Donald Trump having been in Asia. Redl "could be on board any minute," Reynolds said. Associate NTIA administrator Paige Atkins said her agency is working with the FCC and DOD on a citizens broadband radio service rollout, including work toward standards and a certification process for the spectrum access systems (SAS) that would enable CBRS devices. She said the SAS certification process could start as early as March.

Plans by DOJ to sue to block AT&T's buy of Time Warner are "a radical and inexplicable departure" from antitrust precedent, AT&T General Counsel David McAtee said Monday. In a statement, he said vertical mergers routinely get approved "because they benefit consumers without removing any competitor from the market" and there's no reason AT&T/TW should be any different. The telco said it will hold a news conference at 5:30 p.m. EST with CEO Randall Stephenson to discuss the litigation.

The FCC, having made 1,700 MHz additional high-band spectrum available for mobile use Thursday, plans to initiate a third spectrum frontiers proceeding in the first half of 2018 that will look at the 23, 42 and 50 GHz bands and tee up the 26 GHz band, Commissioner Mike O'Rielly said as commissioners approved 4-1 the latest spectrum frontiers NPRM and Further NPRM. Commissioner Jessica Rosenworcel said the agency needs to speed up the path for 5G implementation and laid out a five-point plan: “We are simply not moving fast enough."

The Ka- and Ku-bands have “served us well,” enabling satellite broadband, but “we need to grow out of them,” with the Q- and V-band critical for the industry’s additional spectrum needs, said Hughes Executive Vice President-Engineer Adrian Morris Tuesday at VSAT Congress. Citing the unified front the wireless industry presents on spectrum issues, he urged a more unified satellite voice and more cooperation between low Earth and geostationary orbit constellation interests. He said it will be tough for satellite to retain all spectrum rights, but said it will have more success with a focus on necessities. The industry needs some dedicated bands, but co-primary status “is not a bad place to be,” he said. He said Hughes is “strongly looking” at Q-band technology, in large part because Earth station hardware advanced to enable use of the band. The very small aperture terminal (VSAT) industry is struggling with data price wars squeezing mar- gins, said Susan Bull, Comsys senior consultant. Demand is growing for satellite-enabled mobile services, but they also are becoming a commoditized service, she said. Almost all 2.3 million consumer VSAT sites in service are in North America, with attempts at offering consumer services in developing markets having failed, Bull said. She said new Hughes and ViaSat efforts to expand into developing markets could succeed, though challenged by affordability issues. Bull said the industry is still struggling to see how it can compete with terrestrial data providers, especially since bandwidth around the globe sometimes is being sold way below cost. VSAT’s key problem—latency—will be tackled by low Earth orbit (LEO) and medium Earth orbit satellites and high-altitude platform stations, and VSATs need to bounce from LEOs to geostationary satellites, and integrate with terrestrial wireless networks, she said. The satellite industry is moving toward a configurable standard production of satellites, assembled “in a Lego-type situation,” which should drive down costs, said Bull. She said there’s growing VSAT distrust of satellite operators as the latter move into VSAT operator markets.