The FCC's proposed communications market report is drumming up criticisms and fans. The agency on Wednesday also released a draft of appendices that includes data used in developing the report and some broadband speed data from years past. In a docket 18-231 posting Wednesday, New America's Open Technology Institute recapped a meeting with staffers in Commissioner Jessica Rosenworcel's office at which it said until the report fixes methodological flaws and flawed assumptions about competition, commissioners shouldn't adopt it. OTI said Form 477 data "is fundamentally insufficient" for measuring broadband marketplace competition as it overstates the availability of broadband service. The group said the report contains "misguided and vague assumptions" about broadband competition, such as its assertion markets with two providers are competitive. The American Cable Association called the draft "thorough and comprehensive," recommending tweaks including addition of emphasis the cable franchise rulemaking should result in more investment in broadband and other services provided over cable networks. ACA pushed for addition of language making clear vertically integrated MVPDs have incentive and ability to raise costs on rivals like small cable systems, and existing rules can't fix such behavior. Comcast said the report should add Census Bureau and Centers for Disease Control and Prevention data about prevalence of U.S. households relying on smartphones or mobile devices for internet access and of wireless-only phone service. CTIA, recapping meetings with aides to Chairman Ajit Pai and Mike O'Rielly, lauded the report. The draft on the Dec. 12 agenda consolidates a variety of reports into one to fulfill Ray Baum's Act mandate (see 1811210032). In a public notice Wednesday about the report appendices, the agency said the broadband deployment data in the appendices reflect updated data received and processed after the release of the draft report, and that updated data will be used in preparing the final version. According to the broadband data, 94 percent of the U.S. has access to fixed 25 Mbps/3 Mbps speeds, 99.8 percent to mobile LTE 5 Mbps/1 Mbps speeds and 89 percent to mobile LTE 10 Mbps/3 Mbps speeds.

The pace at which cable ISPs are upgrading to offer 1 GB speeds is accelerating, and history indicates they could start offering 10 GB speeds by 2024, CableLabs Director-Technology Policy Mark Walker blogged Thursday. Only 4 percent of U.S. households had access to 1 GB by the end of 2016, and by March 58 percent of such households -- or 66 percent of the cable broadband footprint -- had access to 1 GB or better from their local cable operator, CableLabs said. It said deployment of DOCSIS 3.1 across cable networks will accelerate that trend. So will full duplex DOCSIS 3.1, which will let cable operators provide symmetric gigabit service; coherent optic technologies that can increase the per-strand capacity in cable networks by orders of magnitude; and protocols for Wi-Fi proactive network maintenance that will address connectivity problems and increase wireless bandwidth, it said.

Starry supports Wireless ISP Association arguments that the FCC should “modernize” over-the-air reception devices (OTARD) rules to apply to all fixed wireless transmitters and receivers, provided the equipment meets existing size restrictions for customer-end equipment (see 1808280040). “Modernizing OTARD would empower consumers to bring competitive wireless broadband to their communities and neighborhoods, without adding new regulatory burdens on local municipalities,” Starry said in a call with an aide to Commissioner Brendan Carr, said a filing in docket 17-79.

The in-flight connectivity market should see annual retail revenue from commercial passengers hit $3.8 billion by the end of the 2020s, Northern Sky Research said Monday. With service providers struggling to balance services with profit, the too-crowded market is crying out for consolidation, NSR said: This year could be "crucial" for the market as revenue is expected to grow by more than 40 percent.

ViaSat got an eight-year contract for in-flight broadband and connectivity services for U.S. senior leader and VIP aircraft, it said Thursday. It said the U.S. Defense Information Systems Agency contract has a total cumulative value of up to $559.8 million.

The Wireless ISP Association asked the FCC to “modernize” the over-the-air reception devices rule to apply to all fixed wireless transmitters and receivers, “so long as the equipment meets the existing size restrictions for customer-end equipment.” Extending OTARD to all fixed wireless equipment, “while maintaining the existing size limits and exceptions for safety and historical purposes -- regardless of whether it is used for reception, transmission, or both -- would be consistent with the original intent of OTARD, will accelerate the deployment of competitive broadband services in markets across the country, and will empower consumers to help bring competitive wireless broadband to their communities by hosting hub sites,” WISPA said in docket 17-79.

Elefante Group defended its proposal the FCC modify rules to allow operation of stratospheric-based communications services (SBCS) platforms at 65,000 feet. “None of the comments on the Petition identify concerns that should impede the Commission from swiftly commencing a rulemaking to consider technical, operations, and licensing rules for SBCS in the 21.5-23.6, 25.25-27.5, 71-76, and 81-86 GHz bands,” Elefante replied, posted Thursday in RM-11809. SBCS platforms differ from high altitude platform stations (HAPS), operating at a different altitude, Elefante said. “SBCS would also use different spectrum than that being considered for HAPS to achieve the proposed data throughput performance requirements and spectrum efficiency.” Facebook asked the FCC to move forward on rules for both types. “Facebook, working with a range of partners, has launched several initiatives focused on connecting the unconnected and under-connected,” the company said. “It will take a mix of technical solutions to bring connectivity to all. As such, Facebook has supported research and development efforts in a range of technologies, including terrestrial, mobile, satellite, and high altitude platform stations.” The Fixed Wireless Communications Coalition and the National Radio Astronomy Observatory earlier objected to the plan (see 1807110037).

A third of U.S. broadband households feel online video services are “poor protectors of their data” compared with pay-TV providers, said a Wednesday Parks Associates report. “While traditional companies in the pay-TV marketplace use data in all of their decisions, new companies in the entertainment ecosystem such as Google take data use to the next level," said Parks analyst Brett Sappington. Companies built in the age of big data “iterate their services, software, user experiences, and content investment decisions much more quickly than traditional players,” but traditional pay-TV players have the advantage of consumer trust, Sappington said. Roughly a fifth of U.S. broadband households are “highly sensitive” to collection and use of information about themselves and their activities, said the report. Parks recommends pay-TV providers and cable networks continue to gain data-oriented expertise and integrate data-centric features into their offerings that are “transparent to consumers" about data being gathered while offering subscribers incentives for data collection. Among other findings: 42 percent of U.S. broadband households would have more confidence in sharing data if they could access a website or app that shows what data is being collected; 40 percent of households strongly believe it’s impossible to keep data private from companies whose products they use; and more than half of consumers don’t believe they get much in return for sharing data. Parks projects the North American pay-TV market will shrink to 73 percent market penetration by the end of 2023 vs. 79 percent this year.

“Charter will halt airing certain advertising," as an olive branch to the New York Public Service Commission, the company said Wednesday. “We look forward to resolving all matters currently disputed with the PSC in the not too distant future.” Charter didn't say which ads. In June, the agency asked it to halt ads claiming the company is exceeding broadband deployment targets (see 1806260055). The PSC didn't comment. The state commission’s punishment last week revoking OK of the Time Warner buy is expected to bring Charter to the table (see 1808010040). Raymond James analysts “remain confident” both sides can find resolution. “We do not believe that Charter will end up divesting the assets or ceasing operations, but will either prevail in court or find a settlement,” they wrote investors. “We are hard pressed to see where the company was actually required to build out in less dense areas and as such appears to have satisfied the PSC requests. Nevertheless, we suspect politics is playing a part and this will take some time to become final.” Settlement may be best, Stop the Cap tweeted: "We're pondering if New York should settle its dispute with Charter/Spectrum, but only with new deal conditions enforced by the courts. Keeping Comcast and data caps out is priority #1."

NCTA, meeting Chief of Staff Matthew Berry, urged the FCC act on opening the 5.9 GHz band for unlicensed use. NCTA sees the band as ideal for Wi-Fi, it said in docket 13-49. “This band is located adjacent to the existing U-NII-3 band, would enable the use of additional 160 MHz channels needed to support Gigabit Wi-Fi, and incumbent operations are limited to just a few pilot deployments,” NCTA said: “Changes in the automotive technology market and in the adjacent spectrum environment ... suggest that the Commission should renew its efforts in the band.” The band has been a target of Wi-Fi advocates and an FCC focus since 2013 (see 1305310035). Toyota said it met Chairman Ajit Pai to argue for preserving the band for dedicated short-range communications. The automaker has a "strong commitment to automotive safety, citing its industry leadership in making Automatic Emergency Braking and other active safety features standard on Toyota and Lexus vehicles in the United States,” Toyota said. “By helping vehicles identify potential hazards that are beyond the range or capability of sensor technology, DSRC will further help Toyota achieve its goal of reducing crashes.”