Communications and Technology Alert: D2D Satellite Connectivity for Unlicensed Devices; National Cap Rule Report and Order; Seventh Circuit TCPA Ruling; Lifeline-Exempt Counties [Vol. XXIII, Issue 29]
Commission Proposed Expansion of D2D Satellite Connectivity for Unlicensed Devices
Last Wednesday, Chairman Brendan Carr announced that the Commission is proposing a new proceeding to expand innovative uses of unlicensed wireless devices, specifically for direct-to-device (D2D) communications between satellites and terrestrial devices. The proceeding proposes to allocate 225 MHz of unlicensed spectrum to complement D2D services, as well as update equipment authorizations and licensing for Part 15 devices to permit connectivity between unlicensed devices and next-gen satellite constellations. The proceeding would also explore expanding the use of unlicensed devices in space and between spacecraft. The proceeding is tentatively slated for consideration during the Commission’s August Open Meeting. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission to Vote on TV Ownership Cap at August Open Meeting
At the upcoming Open Meeting scheduled for Thursday, August 6th, the Commission will tentatively consider adopting a Report and Order which will eliminate the 39% cap on aggregation national audience share controlled by a single broadcast entity for proposed broadcast license transfers. The Commission states that the cap is no longer necessary or in the public interest, as many viewers are reached through streaming platforms and other nonbroadcast means. Instead, the Commission would adopt a case-by-case consideration of certain broadcast license transfers. The Report and Order also reiterates the Commission’s authority to repeal the cap under the Communication Act’s public interest standard. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
Seventh Circuit Rules on TCPA Application to Text Messages
Last Tuesday, the Seventh Circuit affirmed that the provisions of the Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227) only create a private right of action for phone calls, and do not extend to text messages. In Seth Steidinger et al. v. Blackstone Medical Services, the Seventh Circuit declined to extend the TCPA to text messages due to the ordinary meaning of the statute at the time it was enacted in 1991, as well as context provided by surrounding provisions. The Court was not convinced that the statute could evolve with new technology, even though the Commission’s interpretation would protect consumers against such text messages. The Court’s ruling also reflects the Supreme Court’s 2024 Loper Bright decision, which reduced the deference given to agencies in interpreting ambiguous federal statutes. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Releases Notice of Lifeline-Exempt Counties
Last Monday, the Commission announced that an enumerated list of counties would be exempt from requiring eligible telecommunications carriers (ETC) to provide Lifeline-supported voice services. The Commission exempts certain counties from Lifeline-supported voice service obligations when at least 51% of Lifeline subscribers in the country are obtaining broadband internet access service (BIAS), there are at least three other providers of Lifeline BIAS that serve at least 5% of Lifeline subscribers in the county, and the ETC does not actually receive federal high-cost universal service support. The Commission noted that the forbearance applies until 60 days after the Bureau issues a Public Notice in 2027, which will update the applicable list of counties. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).
To sign up for our weekly alert, please send us an email at CommTechLawAlert@khlaw.com and provide us with your name and email.