Federal Communications Commission

FCC Announces That the Applications Proposing The Transfer Of Control Of The Licenses And Authorizations Held By Time Warner Cable And Its Subsidiaries To Comcast Corporation Have Been Filed

On April 8, 2014, Comcast and Time Warner Cable filed applications seeking Federal Communications Commission approval to transfer of control of the licenses and authorizations held by Time Warner Cable and its wholly-owned and controlled subsidiaries to Comcast.

We note that the applications have not yet been accepted for filing. When they are, we will issue a separate public notice announcing that fact and setting forth a pleading schedule.

Public Safety And Homeland Security Bureau Provides Guidance To 700 MHz Narrowband State Licensees Regarding Interim Substantial Service Benchmark Showing Due On June 13, 2014

The Federal Communications Commission's Public Safety and Homeland Security Bureau provides guidance to licensees of state channels in the 700 MHz narrowband spectrum (769-775/799-805 MHz), regarding their upcoming interim substantial service benchmark showing.

These licensees must demonstrate by June 13, 2014 that they are providing or prepared to provide “substantial service” to one- third of their population or territory. The Commission has designated ninety-six channel pairs (12.5 kHz bandwidth) in the 700 MHz narrowband spectrum for use by states, the District of Columbia, and US territories (State Licensees). Each State Licensee receives a geographic area license (State License) covering the geopolitical boundaries of its jurisdiction.

The Commission established a five-year interim benchmark and a ten-year final benchmark for State Licensees to establish specified levels of substantial service within their statewide license areas. The due date for the five-year interim benchmark showing is June 13, 2014. By this date, State Licensees must certify that they are providing or are prepared to provide “substantial service” to one- third of their population or territory.

“Substantial service” is defined as the construction and operation of facilities on state channels which is “sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.” A State Licensee is deemed “prepared” to provide substantial service if it certifies that a radio system has been approved and funded by the deadline date.

National Lifeline Accountability Database Up And Running

The Federal Communications Commission has launched a database designed to eliminate waste from duplicative subscriptions in the Lifeline phone service subsidy program nationwide.

The National Lifeline Accountability Database, a cornerstone of the FCC’s comprehensive efforts to combat waste fraud and abuse in the Lifeline program, already has identified $169 million in annualized savings by flagging existing duplicates for elimination while preventing enrollment of new duplicates.

“The National Lifeline Accountability Database makes smart use of technology to help prevent waste, fraud and abuse,” said FCC Chairman Tom Wheeler. “The database is preventing new duplicates and has rooted out remaining ones. I commend the industry for working with us to implement this effective solution to eliminating wasteful duplicates.”

Overall, the comprehensive reform package from 2012 is on track to save $2 billion through elimination of duplicates, tightened eligibility review, increased oversight of providers, elimination of unnecessary subsidies for initial phone connections, and more.

FCC Commissioner Michael O'Rielly at the Federal Communications Bar Association

The topic I will discuss is now Internet governance. Before the eye rolling begins, I believe this issues extremely important to the entire communications industry.

And let me give you the key take away: We should all maintain a deep skepticism about the US Government’s recent announcement that it plans to transition away from its oversight of the Internet Corporation for Assigned Names and Numbers (ICANN).

A recent Bloomberg article on the ICANN 49 meeting probably summed it up best, and I quote: “A group of nerds and wonks [has been] having some hideously boring meetings in Singapore. You should care: What they produce could change the nature of the Internet.”

Those who have raised concerns about the National Telecommunications and Information Administration’s (NTIA) announcement have been labeled as Republican partisans, but even former President Bill Clinton is concerned about NTIA’s plan.

First, and foremost, the fatal flaw in NTIA’s announcement is the potential involvement of foreign governments or quasi-governmental bodies in Internet governance.

Second, from the point of view of maintaining the stability of the Internet, even with ICANN’s flaws, the current oversight structure by NTIA has been an incredible success.

Third, past history and current events show us that numerous foreign governments are more than willing to meddle with the Internet and its use by their citizens. While it is clear that foreign governments will not hesitate to interfere with Internet services and applications when doing so suits their national needs, they also will not hesitate to point out the hypocrisy if and when the United States adopts its own controls over the Internet.

This is an added reason why I am concerned that the FCC will press forward with new network neutrality regulations. At this pivotal moment for Internet freedom, the FCC’s network neutrality proceeding could severely contradict and undermine the US government’s international position. FCC action sends the wrong message: that it is acceptable for nations to impose the strong arm of the government on the Internet. In addition to our domestic concerns, we must also consider the influence of our decisions on other countries, given the strength of our voice worldwide. In conclusion, I urge all of you to follow closely, with a critical eye, NTIA’s and ICANN’s proposals as they develop.

The United States created the Internet and shared it with the world. Now we have an obligation to safeguard it from harm.

Commendation to FCC for Captioning Quality from Consumer Advisory Committee

The Federal Communications Commission Consumer Advisory Committee commends the Federal Communication Commission for its formal action on TV caption quality.

On February 20, 2014, the FCC unanimously approved new, more comprehensive rules for television closed captioning to ensure that viewers who are deaf and hard of hearing have full access to video programming. Effective January 15, 2015, all television programming with captions will be held to the Commission’s quality standards for accuracy, synchronicity (timing), program completeness, and placement of closed captions. The Commission’s Report & Order:

  • distinguishes between pre-recorded, live, and near-live programming and explains how the new standards apply to each type of programming.
  • includes best practices for video programmers and captioning vendors, which promise to improve captioning quality for viewers.
  • adopts measures to ensure that people who are deaf and hard of hearing will have greater access to news programming in their local communities.
  • addresses several other issues related to closed captioning quality, including multicast channels, technical equipment monitoring, and recordkeeping.

[Berlyn is Chairperson FCC Consumer Advisory Committee]

FCC Increases Availability of Spectrum for High-Speed, High-Capacity Wi-Fi And Other Unlicensed Uses In The 5 GHz Band

The Federal Communications Commission provided for accelerated growth and expansion of new Wi-Fi technology that can offer faster speeds of one gigabit per second or more, increase overall capacity, and reduce congestion at Wi-Fi hot spots.

The new rules will make 100 MHz of spectrum more accessible for use in homes and congested spaces like convention centers, parks, and airports and increase the potential for more unlicensed spectrum innovation.

The Commission adopted a Report and Order modifying the rules governing the operation of Unlicensed National Information Infrastructure (U-NII) devices operating in the 5 GHz band. By its action the Commission significantly increased the utility of the 100 megahertz of spectrum, and streamlined existing rules and equipment authorization procedures for devices throughout the 5 GHz band. U-NII devices play an important role in meeting public demand for wireless broadband service. Currently U-NII devices operate in 555 megahertz of spectrum in the 5 GHz band, and are used for Wi-Fi and other high-speed wireless connections. These devices support a variety of applications including Wi-Fi hot spots and wireless home local area networks to connect smart phones, tablets and laptops to the Internet, broadband service to rural areas offered by Wireless Internet Service Providers and off-loading of traffic from commercial cellular wireless networks.

The rules adopted remove the current restriction on indoor-only use and increase the permissible power which will provide more robust access in the 5.150-5.250 GHz band. In turn, this will allow U-NII devices to better integrate with other unlicensed portions of the 5 GHz band to offer faster speeds and reduce congestion at crowded Wi-Fi hot spots such as airports and convention centers. The Commission also modified certain technical rules to improve protection for incumbent systems by requiring manufacturers to secure their devices against illegal modification which could cause interference to incumbent users in the band.

FCC Adopts TV JSA Attribution Rules, Begins 2014 Media Ownership Quadrennial Review

The Federal Communications Commission took steps to close a loophole in its TV ownership rules, making sure that a party’s interests in a market are properly counted.

Removal of the loophole helps ensure competition, localism, and diversity in local broadcast markets by preventing a practice that previously resulted in consolidation in excess of what is permitted under the Commission’s rules. A JSA, or joint sales agreement, is between two stations in the same market in which one station is authorized to sell advertising time on the other station. The Commission’s radio rules have long recognized that these agreements create an ownership interest when the JSA allows for the sale of 15% or more of the advertising time on a competing local station.

The Report and Order applies this same standard to broadcast television. Parties to existing TV JSAs will have two years to come into compliance with the applicable local ownership limits. Waiver requests, considered on a case-by-case basis, must show that strict compliance with the rule is inconsistent with the public interest.

Also adopted was a Further Notice of Proposed Rulemaking that initiates the Commission’s 2014 Media Ownership Quadrennial Review and incorporates the ongoing 2010 Quadrennial Review record. The FNPRM asks for new and additional information on current market conditions to ensure a comprehensive and refreshed record. The current ownership rules remain in place while the review is pending.

The FNPRM additionally asks for comment on whether commercial television stations should be required to disclose shared service agreements and how best to achieve disclosure. An SSA allows same market stations to share resources, such as employees, administrative services, or hard assets, such as a news helicopter. The Further Notice of Proposed Rulemaking also recommends reinstatement of the Commission’s revenue-based “eligible entity” standard, finding that the program would support new entry into the broadcast industry by small businesses.

FCC Takes Action to Improve Retransmission Consent Process

The Federal Communications Commission adopted a Report and Order that strengthens its rules governing retransmission consent negotiations. This Order will help curtail a practice that has put upward pressure on cable and Direct Broadcast Satellite programming costs as well as prices to consumers.

The Communications Act requires cable systems and other pay television services to obtain a broadcast television station’s retransmission consent before carrying the station’s signal. The Act also requires broadcasters and pay television service providers to negotiate retransmission consent agreements in good faith.

The Order prohibits a television broadcast station ranked among the top four stations (as measured by audience share) from negotiating retransmission consent jointly with another top four station if the stations are not commonly owned and serve the same geographic market. Joint negotiation by these stations leads to higher retransmission consent fees because the practice reduces competition between the stations. Additionally, the threat of losing the programming of two or more top four stations at the same time gives the stations undue bargaining leverage in negotiations with Multichannel Video Program Distributors. To target collusive behavior effectively, the Order also defines joint negotiations.

Chairman Wheeler, Commissioners Clyburn, Rosenworcel, Pai and O’Rielly with Chairman Wheeler, Commissioners Clyburn, Rosenworcel, Pai and O’Rielly issued statements.

FCC Sets Stage for Auction Of 65 Mhz Of Spectrum For Mobile Broadband

The Commission adopted a Report and Order that advances ongoing efforts to make more spectrum available for flexible use wireless services, including mobile broadband.

The Report and Order represents significant progress in the Commission’s ongoing effort to make available and promote efficient use of spectrum, including through sharing.

Access to these bands will help wireless companies meet growing consumer demand for mobile data by enabling faster wireless speeds and more capacity. Specifically, the Report and Order sets flexible-use regulatory, licensing, and technical rules for 65 megahertz of spectrum in the AWS-3 band, which includes the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands.

The Report and Order establishes a band plan that makes spectrum available in a mix of spectrum block and geographic license area sizes to meet the needs of large and small wireless providers. The Report and Order also establishes construction deadlines and other service rules, including a requirement that AWS-3 devices be interoperable within AWS-3 and AWS-1 frequencies. The Report and Order is the result of years of work across multiple federal agencies and in coordination with industry stakeholders to make 40 megahertz (of the total 65 megahertz) of the AWS-3 spectrum available for commercial use.

This spectrum will be available on a shared basis with federal incumbents in accordance with detailed plans for these agencies to relocate out of the frequencies or share within the frequencies. Chairman Wheeler, Commissioners Clyburn and Rosenworcel, with Commissioners Pai and O’Rielly approving in part and concurring in part. Chairman Wheeler, Commissioners Clyburn, Rosenworcel, Pai and O’Rielly issued statements.

FCC Accepting Nominations for Chairman’s Awards for Advancement in Accessibility; Deadline Is March 31

One of the most cherished missions of the Federal Communications Commission is helping to bridge the accessibility gap in communications technologies.

The Accessibility and Innovation (A&I) Initiative was created to promote collaborative problem-solving on accessibility among academic, industry, consumer and government sectors. A signature project of the A&I Initiative is the Chairman's Awards for Advancement in Accessibility (Chairman's AAA) to recognize innovators for contributions to accessible technology. The FCC is now accepting nominations for the third Chairman's AAA. The deadline for submissions is March 31. Now we invite nominations in the following seven categories:

  1. Advanced Communication Services (ACS)
  2. Employment Opportunities
  3. Intellectual and Developmental Disabilities
  4. Mobile Web Browsers
  5. Social Media
  6. Closed Captions
  7. Video Description

[Mazrui is Deputy Director, Accessibility and Innovation Initiative]