The FCC’s proposed updates to its foreign-sponsored content rules would exceed the agency’s authority, increase burdens for broadcasters, and are unnecessary, said NAB, Gray Television, network affiliate groups, and the Multicultural Media, Telecom and Internet Council in comments this week in docket 20-299. Enacting “unnecessary, burdensome regulations” to “protect against something that from all indications has never happened does not reflect a sound approach to rulemaking,” said the affiliate groups. If such rules are enacted, the agency should carve out exceptions for advertising and religious and local programming, as well as grandfather existing agreements, the broadcasters said.
Country of origin cases
The FCC should rethink a move to new rules designed to prevent unwanted robotexts, proposed in a recent NPRM (see 2212120029), Free State Foundation Director-Policy Studies Seth Cooper blogged Wednesday. Wireless carriers are using machine learning “and other tools using real-time analysis to combat spam,” he said: “They also act on complaints about texts -- including those with suspicious website links or domain names -- to prevent messages from specific bad actors. And consumers can make use of the mobile device layer filters or downloading specialized apps for combatting unwanted texts.” FCC proposals would likely do little good, he said. “To date, the record in the Commission's proceeding does not provide any solid evidence that consumers are receiving texts from invalid, unallocated, unused, or [do not originate]-listed numbers,” Cooper said. “Mobile wireless providers' existing practice of delivering only those messages that come from other consumers or from non-consumers with verified origination information effectively halts illegal texts that originate from suspect numbers,” he said.
New York Gov. Kathy Hochul (D) Thursday signed into law the nation’s first digital electronics repair legislation (S-4104/A-7006), approved by legislators in June 2206030034). Tech groups had urged a veto (see 2207060040). “This bill requires original equipment manufacturers of digital electronic products to provide materials to product owners and independent repair providers in New York to facilitate repairs,” Hochul said in her message signing the bill: “Such materials include documents like manuals and diagrams, and tools like diagnostics and parts. … As technology and smart devices become increasingly essential to the lives of New Yorkers, it is important for consumers to be able to fix the devices that they rely on in a timely fashion.” Hochul said “encouraging consumers to maximize the lifespan of their devices through repairs is a laudable goal to save money and reduce electronic waste.” The bill excludes home appliances, security alarms, motor vehicles, medical devices, farm equipment, power tools, industrial electrical equipment and e-bikes. “New York has stood up to the biggest of the big tech oligarchs and delivered a resounding blow to block their repair monopolies,” emailed Gay Gordon-Byrne, executive director of The Repair Association. Consumer Reports CEO Marta Tellado applauded the signing. “This landmark law will save New Yorkers money, provide them with more convenient repair options, and cut down on waste,” Tellado said: “When your device is broken, you should have more options than a high-priced service or the landfill.” IFixit CEO Kyle Wiens said, “New York has set a precedent for other states to follow, and I hope to see more states passing similar legislation in the near future.”
Standard General continues to battle retransmission consent concerns about its proposed buy of Tegna, according to releases and FCC filings this week. Standard Thursday touted a retrans deal with Comcast as evidence of its willingness to comply with conditions on the transaction (see 2212190063), while MVPD Dish sent the FCC a completely redacted retrans letter from Cox Media Group – owned by deal participant Apollo Global Management -- in response to Cox’s denial (see 2212130061) it had sought to include Tegna stations in retrans negotiations. An FCC comment period on Standard’s proposed conditions is set to end in late January, just weeks before a Feb. 22 milestone in the Standard/Tegna merger agreement that would allow Tegna to choose to exit the deal.
Broadcasters and wireless carriers urged the FCC not to impose proposed new rules designed to make the emergency alert system and wireless emergency alerts more secure. Industry said cybersecurity requirements would be difficult to implement and are unnecessary. FCC commissioners approved an NPRM 4-0 in October (see 2210270058). Comments were posted Tuesday in docket 15-94.
The launch of C-band replacement satellites SES-18 and -19 was expected this year but now is scheduled for sometime between March 6 and 12, SES said Friday in docket 18-122. The launch was delayed by a holdup from the original Northrop Grumman delivery and the priority of U.S. government launches, SES said. SES-18 and -19 should commence operations by April's end, it said. It said SES-21, launched in October, began service on Dec. 1 and services are being transitioned to it. SES-20 is on track to arrive at its orbital slot by month's end, and it will be an in-orbit spare. SES said it's about 68% of the way through phase two of the C-band relocation satellite transitions, with its installers having complete installation of blue bandpass filters at about 65% of the earth station locations associated with its satellites, it said. It said close to 100% of the antennas associated with its second-phase transition schedule have been installed.
All four FCC commissioners have now voted to approve an NPRM seeking comment on rule revisions tied to the need of operators of unmanned aircraft systems for licensed spectrum. Commissioners Brendan Carr and Nathan Simington OK'd the item late last week, and it’s expected to be released after the Christmas holiday, officials said.
The FCC released its notice of apparent liability Friday, proposing a nearly $300 million fine against Sumco Panama and the perpetrators of an alleged auto warranty scheme, approved by commissioners Wednesday (see 2212210054). The NAL describes a “complex robocall sales lead generation scheme, which was designed to sell vehicle service contracts that were deceptively marketed as car warranties.” The perpetrators “apparently used several deceptive and abusive telemarketing practices,” the FCC said: “The two foreign dialing entities, Virtual Telecom kft and Sumco Panama, SA, placed calls to consumers’ phones without their consent and used misleading caller identification. The caller IDs were U.S. numbers selected apparently to cause call recipients to believe that the calls originated locally. The messages also failed to disclose the identity of the caller, misrepresented the nature and characteristics of the product or service being offered, and made false or misleading statements to induce call recipients to purchase goods or services.” The proposed nearly $300 million fine is based “on a sample of 33,333 verified calls” and “is appropriate in light of the multiple apparent violations and the scope of the apparently unlawful calling campaign,” the notice said.
Sen. Brian Schatz, D-Hawaii, said the FCC is on the right track in targeting robotext scams, the focus of a recent NPRM (see 2212120029). “Robotexts are a particularly dangerous avenue for scams and fraud, costing the American people more than $131 million in 2021 alone,” Schatz said in a letter to Chairwoman Jessica Rosenworcel, posted Wednesday in docket 21-402. “The FCC must do everything in its power to protect the public from robotext scams,” he said. The proposals in the NPRM “are the types of steps we need in continuing to battle robotext scams,” Schatz said: “By building on your work countering robocalls, you can ensure that no one ever receives texts from numbers that are invalid, unallocated, unused, or on a Do-Not-Originate (DNO) list. Texts from these numbers are surely illegal or unwanted, and it makes sense that mobile wireless carriers should block them. Similarly, you can close the door to scammers spoofing legitimate numbers by ensuring robust ID authentication for text messages, similar to the protocol used for phone calls.”
With six business days left in 2022, the FCC has started its 2022 quadrennial review even as its 2018 review remains unfinished. FCC officials told us a vote on a draft QR order or NPRM isn't likely soon without five commissioners. Before Thursday's QR public notice establishing docket 22-459, multiple 10th-floor officials said there had been no mention of a QR proposal from the chairwoman’s office in months.