WASHINGTON—DirecTV and broadband and cable associations from six states have filed comments with the Federal Communications Commission urging the agency to block E.W. Scripps proposed acquisition of INYO.

In February, Scripps announced that it was exercising its option to re-acquire 23 ION-affiliated stations for about $54 million. The stations were divested to INYO Broadcast Holdings in January of 2021 as part of its acquisition of ION so that the deal would comply with Federal Communications Commission ownership caps.

The filing argued “in re-acquiring these stations, Scripps will own television stations covering 40.29 percent of U.S. households (taking into account the UHF discount), thereby exceeding the FCC’s National Television Multiple Ownership Rule.”

Although the FCC has been increasingly willing to waive ownership caps, something that it did with the Nexstar/Tegna deal, the filing also argued that “the FCC lacks authority to waive the National Cap. The 2004 Consolidated Appropriations Act (CAA) enshrined a `39 percent national audience reach limitation’ into law by (1) directing the Commission to adopt the 39 percent limit; (2) excluding the 39 percent cap from the quadrennial review of broadcast ownership rules; (3) removing the Commission’s forbearance authority with respect to entities that exceed the 39-percent cap; and (4) requiring any entity exceeding that limit (except through population growth) to come into compliance in two years or less.”

“Petitioners recognize that the Media Bureau recently rejected these arguments in approving Nexstar’s acquisition of Tegna,” the filing noted. “But that decision was both erroneous on the merits and involved `novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines.’ Petitioners have sought full Commission review of that decision. Unless and until the full Commission (and reviewing courts) affirm the Media Bureau’s approach, Petitioners will continue to raise their concerns in appropriate contexts.”

The filing notes that if the deal is approved, the re-acquisition of these twenty-three stations, which are “primarily” ION affiliates, would give Scripps its “first station in nine local markets, create new duopolies in four local markets, and (assuming approval of a separate transaction) create new triopolies in eight local markets. Adding these stations to Scripps’ portfolio will also give the company a national audience reach of 40.29 percent when taking the UHF discount into account—thereby exceeding the National Cap.”

Those arguments have been consistently rejected by The FCC and broadcasters. In the last year, the FCC has argued that the ownership caps are in fact FCC rules, not a statutory requirement set by Congress and that the Media Bureau does have the authority to waive those rules.

The full filing is available here.

LOUISVILLE, Colo.—Faced with an increased number of attacks and a growing problem with vandalism of key telecommunications infrastructure in the U.S., the broadband industry has launched STRIKE (Strategic Threat Response & Infrastructure Knowledge Exchange), an urgent initiative that will confront what the industry calls an increasingly serious national security crisis.

In launching the effort, the industry cited data showing that there were 5,770 criminal acts of theft and vandalism were reported from June to December 2024—approximately 824 per month affecting over 1.5 million customers.

Co-led by industry leaders SCTE, a subsidiary of CableLabs, and NCTA – The Internet & Television Association, STRIKE represents a executive-level coalition that aims to address the alarming spike in criminal attacks on essential broadband infrastructure.

The group stressed that many of these incidents go beyond mere acts of vandalism, as they're deliberate assaults that disrupt key facilities including U.S. military bases, 911 services, fire and police departments, healthcare facilities, law enforcement, government services and agencies, and educational and financial institutions endangering public safety and interrupting economic activity.

"A threat to broadband infrastructure is a threat to our national security," emphasized Maria Popo, president and CEO of SCTE. "STRIKE ensures that executive-level visibility is directly connected to frontline realities. This coordinated approach is precisely what's needed to tackle this emerging threat decisively."

Rikin Thakker, chief technology officer and senior vice president of NCTA added that “This isn’t simply an industry issue; it’s a nationwide emergency. STRIKE will mobilize our collective strength, aligning policy advocacy with strategic operations to strengthen our efforts to protect America’s critical communications infrastructure."

The NCTA said it is is leading important efforts in addressing these criminal threats to broadband infrastructure through its expertise in public policy and advocating for federal legislation such as H.R. 2784-- Stopping the Theft and Destruction of Broadband Act of 2025-- that would amend Title 18 of the U.S. Code to ensure that attacks on public and private networks are treated equally and carry appropriate penalties.

NCTA has also taken the lead in encouraging agencies such as the Department of Homeland Security and the Federal Bureau of Investigation to increase intelligence sharing, treat these infrastructure attacks as domestic terrorism when the facts warrant and allocate more resources to high incident regions.

The STRIKE Executive Forum draws senior executives from leading broadband operators including, but not limited to, Comcast, Charter, Altice USA, CableOne, Cox, GCI, Mediacom and Rogers. Comcast’s Elad Nafshi, serving as chair, and Charter Communications’ Tom Monaghan, as vice chair, highlight the industry's unified commitment to strategic coordination and rapid response.

The participants described STRIKE’s core mission as follows:

• Spotlight broadband damage and destruction as a top-tier national security threat.
• Facilitate intelligence sharing to quickly identify and mitigate emerging threats.
• Integrate policy advocacy, technical standards and operational protocols into a cohesive national defense strategy.
• Establish clear, unified communication with government stakeholders.

STRIKE said that it will leverage SCTE’s operational expertise to surface cross-operator insights that strengthen broadband resilience. For decades, SCTE has set essential industry standards that help providers assess business impacts, gain secure access to incident areas, coordinate effectively with federal agencies, evaluate location-specific risks and maintain continuity and rapid recovery during crises.

STRIKE reported that it will hold its first strategic meeting at TechExpo25, SCTE's industry event, providing a critical platform for participants to set the strategic vision and drive immediate impact.

Senior broadband executives are urged to join this pivotal effort. For more details or to participate, contact strike@scte.org.

WASHINGTON—In an important development in the battle over broadcast ownership regulations, the 8th U.S. Circuit Court of Appeals has vacated the Federal Communications Commission’s rules against a station group owning more than one of the top-four TV stations in audience share in a given market.

The St. Louis-based court also vacated an amendment to “Note 11” in the FCC rules that tightened how the top four stations are determined, but declined to undo rules governing radio stations and denied the petition for review of all other issues.

Under the Telecommunications Act of 1996, the FCC is required to review its broadcast ownership rules every four years and repeal or modify any that are no longer in the public interest. Following a December 2023 FCC order retaining existing regulations as part of its 2018 quadrennial review, the National Association of Broadcasters and a coalition of local broadcasters challenged the order, arguing that the FCC’s approach ignored the competitive pressures broadcasters face from digital platforms and failed to meet the statutory requirements for review.

The 8th Circuit ruling found that the FCC’s rationale for retaining the rules was “arbitrary and capricious,” “unsupported by the record” and relied on “outdated” or insufficient evidence. The court wrote that “in light of the evidence against the Top-Four Prohibition and in the absence of any record-supported reason for keeping the rule,” the Commission failed to justify its continued enforcement of that regulation.

The ruling comes at a time when broadcasters have been hopeful that the FCC might significantly revise or eliminate the ownership rules. FCC Chair Brendan Carr has vowed to eliminate rules that make it harder for broadcasters to fund local news and the agency has opened a docket calling for public comment on the rules.

In response to the ruling, Carr and the NAB applauded the decision.

“NAB is extremely pleased with the Eighth Circuit’s decision to vacate the previous FCC’s arbitrary and outdated top-four prohibition,” NAB president and CEO Curtis LeGeyt said. “This is a major step forward for local television broadcasters seeking to compete and thrive in a vastly transformed media marketplace.

“At the same time, we are disappointed that the court stopped short of addressing the decades-old radio ownership restrictions that defy economic reality and weaken broadcasters’ ability to compete, invest in local journalism and serve their communities,” he added. “Fortunately, FCC Chairman Brendan Carr has long been a champion for empowering local stations, and we look forward to working with this FCC to modernize its local radio ownership rules and ensure local broadcasters can thrive in the communities they serve across the nation.”

When Carr was a commissioner, he opposed the 2023 FCC Order.

In response to the 8th Circuit ruling, Carr said: “For decades, the FCC’s approach to regulating the broadcast industry has failed to promote the public interest. That has only made it harder for trusted and local sources of news and information to compete in today’s media environment. And that is why I dissented from the Biden-era FCC’s decision to retain a regulation that does not match marketplace realities. I am pleased to see that the court agrees and has vacated that regulation.”

The FCC has approved some recent transactions allowing broadcasters to own more than one top-four station. In July, Gray and Scripps also have entered into station swaps that would require a waiver of the rule.

The full ruling is available here.

WASHINGTON—The Federal Communications Commission has unanimously adopted new rules to expand very-low-power device operations across all 1,200 megahertz of the 6-GHz band alongside other unlicensed and Wi-Fi-enabled devices.

Despite opposition from the National Association of Broadcasters and other parties who have argued that opening up the spectrum would create problems for fixed microwave links, satellite uplinks and broadcast auxiliary services that use this spectrum, the FCC has in recent years been opening up parts of the 6-GHz band.

Prior to the Dec. 11 vote to open up all 1,200 megahertz for very-low-power devices, the FCC expanded unlicensed use between 5.925 and 7.125 GHz, helping to usher in Wi-Fi 6E, set the stage for Wi-Fi 7 and support the growth of the Internet of Things.

Last October, FCC chair Jessica Rosenworcel called for further expansion, which the NAB opposed. “As broadcasters’ extraordinary efforts to help the many communities impacted by Hurricane Helene demonstrate, it is critical for the commission to ensure that broadcasters have access to spectrum that will allow them to provide these essential services in times of crisis and without interference,” the NAB said in October.

In a Nov. 14 letter to the FCC, the NAB said it “has no objection to sharing spectrum used by broadcasters for critical electronic newsgathering with unlicensed operations if it can be shown that such operations will not cause harmful interference. But the record in this proceeding does not support that conclusion. We again urge the commission to avoid the risk to licensed uses of spectrum by accepting a measured compromise approach by reserving just 55 MHz of the 6-GHz band for licensed mobile use until real-world data are available to justify the removal of this reservation.”

In adopting the new rules, the FCC noted that they will bolster cutting-edge applications like wearable technologies and augmented and virtual reality, which will enhance learning opportunities, improve healthcare outcomes and bring new entertainment experiences.

The Report and Order permits the very-low-power (VLP) class of unlicensed devices to operate across 350 MHz of spectrum in the U-NII-6 (6.425-6.525 GHz) and U-NII-8 (6.875-7.125 GHz) portions of the 6 GHz band at the same power levels and technical/operational protections as recently approved for the U-NII-5 (5.925-6.425 GHz) and U-NII-7 (6.525-6.875 GHz) bands while protecting incumbent licensed services that also operate in the band.

These VLP devices will have no restriction on locations where they may operate and would not be required to operate under the control of an automatic frequency coordination system, the FCC said.

To ensure the risk of interference remains insignificant, the FCC said that the devices would be required to employ a contention-based protocol and implement transmit power control while prohibited from operating as part of a fixed outdoor infrastructure.

The FCC also argued that its new rules “will spur innovation by providing more capacity for emerging technologies and applications, such as augmented reality and virtual reality, in-car connectivity, wearable on-body devices, healthcare monitoring, short-range mobile hotspots, high accuracy location and navigation, automation and more.”

In a statement, Rosenworcel stressed the FCC’s efforts to provide unlicensed spectrum for applications like Wi-Fi has already produced enormous economic benefits. “ Wi-Fi alone will foster $769 billion in economic growth in 2024,” she said. “That number is projected to rise 21 percent in 2025 and as high as 67 percent by 2027 when the latest version of Wi-Fi will be in available in millions of devices.”

“Today we take the effort to support unlicensed activity in the 6 GHz band even further,” she continued. “We are opening up 350 megahertz of the 6 GHz band to small mobile devices operating at very low power. When you combine that with the 850 megahertz of the 6-GHz band that we made available for low-power use just a year ago, we are expanding access to 1,200 megahertz to help jumpstart the next generation of unlicensed wireless devices.”

“This 1,200 megahertz means unlicensed bandwidth with a mix of high capacity and low latency that is absolutely prime for immersive, real-time applications,” she added. “These are the airwaves where we can develop wearable technologies and expand access to augmented and virtual reality that will provide new opportunities in education, health care and entertainment. This is the unlicensed spectrum where the future happens—and with the 6-GHz band, the United States is leading the way.”

The Third Report and Order (FCC 24-125) was approved in an 5-0 Dec. 11 vote with chair Rosenworcel and commissioners Brendan Carr, Geoffrey Starks, Nathan Simington and Anna Gomez all approving. The order is available here.

WASHINGTON—The FCC Media Bureau has announced that the filing window to apply for construction permits to launch 12 new noncommercial educational television stations will be open from Dec. 4-11.

As part of the announcement, the Media Bureau also laid out filing procedures and requirements for applying for the stations, to be located in Alabama, Alaska, Arkansas, California, Idaho, Iowa, New Mexico, Oregon, Texas and Virginia.

The move raised questions about whether the FCC would be opening a window for new commercial TV stations, but that window remains closed.

More specifically, the FCC will be accepting applications for these communities:

• Vernon, Alabama (Channel 4)
• Anchorage, Alaska (Channel 26)
• Bethel, Arkansas (Channel 3)
• Colusa, California (Channel 2)
• Fort Bragg, California (Channel 4)
• Tulare, California (Channel 3)
• Filer, Idaho (Channel 18)
• Ames, Iowa (Channel 21)
• Alamogordo, New Mexico (Channel 4)
• Jacksonville, Oregon (Channel 4)
• Waco, Texas (Channel 20)
• Waynesboro, Virginia (Channel 12)

Complete details on the application process and requirements can be found here.

MIAMI—Issa Asad, the CEO of Q Link Wireless LLC, has pleaded guilty to conspiring to defraud and commit offenses against the U.S. government in connection with a years-long scheme to steal over $100 million from the FCC’s Lifeline program providing discounted phone and internet service to people in need.

Asad also pleaded guilty to laundering money from a separate scheme to defraud the Paycheck Protection Program, a different federal program meant to aid individuals and businesses hurt by the COVID-19 pandemic.

As part of the plea, Asad and Q Link agreed to jointly pay jointly $109,637,057 in restitution to the FCC no later than at the time of their sentencing hearings. Asad separately agreed to pay $1,758,339.25 in restitution to the Small Business Administration and to pay a forfeiture judgment against him of at least $17,484,118.00.

“Issa Asad and his company, Q Link Wireless, purposefully defrauded two critical federal programs helping individuals and businesses suffering financial hardship, unlawfully taking hundreds of millions of dollars for their own use and profit, while obstructing the United States’ ability to help people who, unlike the Defendants, needed it,” said Markenzy Lapointe, U.S. Attorney for the Southern District of Florida.

FCC chair Jessica Rosenworcel also applauded the prosecution. “The Lifeline program helps low-income families stay connected via phone and internet to their school, work, or loved ones,” she said. “Deceptive schemes that exploit at-risk communities and manipulate federal support for phone and broadband services should not go unpunished. I want to thank the dedicated investigators at the FCC and the Justice Department for pursuing this case and bringing the fraudsters behind this scheme to justice. As this investigation escalated, the FCC proactively took extraordinary steps to protect the current Lifeline fund, while preventing any service disruption, including withholding tens of millions in Lifeline payments from Q Link to prevent disbursements that would be in violation of program rules. The FCC will continue to take steps to assist our law enforcement agencies to account for misuse of taxpayer dollars and protect the integrity and success of FCC programs.”

Asad and Q Link each pleaded guilty to charges of conspiracy to commit wire fraud and steal government money, and also to conspiring to defraud the United States in violation of Title 18, United States Code, Section 371. Asad also pleaded guilty to money-laundering charges in violation of Title 18, United States Code, Section 1957. Both defendants also pleaded guilty to the Information’s forfeiture allegations.

U.S. District Judge Rodolfo A. Ruiz II set the defendants’ sentencing hearings for Jan. 15.

WASHINGTON—The FCC has proposed a fine of $146,976 against ESPN, the statutory maximum the agency can impose for violating emergency alert system rules.

The FCC said ESPN violated the rules when it aired a promo for the start of the 2023-24 NBA season on the ESPN network and companion network ESPN 2 that included EAS tones.

After receiving complaints on Oct. 20, 2023, the agency opened an investigation. During that probe, ESPN provided video recordings of the Oct. 20, 23 and 24 airings of the spot that included the tones. ESPN confirmed that the promo aired six times overall.

In its decision to propose the fines, the FCC said “the nature of EAS violations requires particularly serious consideration because, among other issues, such violations undermine the integrity of the EAS by desensitizing the public to the potential importance of warning tones. EAS violations therefore implicate substantial public safety concerns.”

In justifying the fines, the FCC also noted that ESPN had a history of violating EAS rules.

In 2021, the FCC Enforcement Bureau issued a $20,000 fine against ESPN for “willfully violating the Commission’s rules that prohibit the transmission of false or deceptive emergency alert system” tones during a program.

The FCC said the violation occurred during the airing documentary "30 for 30: Roll Tide/War Eagle" on Oct. 20, 2020. After receiving a complaint about the broadcast of the tones on Oct. 27, 2020, the FCC started an investigation and notified ESPN.

In a March 21, 2021 response, ESPN admitted the tones were broadcast during “Roll Tide/War Eagle,” but said they were part of a depiction of tornadoes on April 27, 2011, “for storytelling purposes" during the documentary.

“In calculating the appropriate forfeiture, we also consider ESPN’s past compliance record,” the FCC said in its Oct. 17 Notice of Apparent Liability for Forfeiture. “ESPN has a history of noncompliance with respect to section 11.45 of the Commission’s rules. In 2015, ESPN paid a $280,000 forfeiture for violations of section 325(a) of the Act and section 11.45 of the Commission’s rules when it transmitted EAS Tones in the absence of a Permitted Use.”

In addition, “in 2021, ESPN paid a $20,000 forfeiture for violation of section 11.45 of the Commission’s rules when it transmitted EAS Tones in the absence of a Permitted Use,’ the FCC said. “We find ESPN’s prior history of EAS violations to be a significant factor to consider in determining the proposed forfeiture in this case.”

ESPN has 30 days to pay the fine or file an objection to the decision with the FCC. An ESPN spokesperson declined comment on the matter.

The full FCC ruling can be found here.

In a sign that the blackout of Disney channels on DirecTV isn’t close to being resolved, DirecTV has filed a complaint with the FCC alleging that Disney has failed to negotiate in good faith and that Disney has violated the FCC’s good faith mandates by predicating any licensing agreement on DirecTV’s waiving any legal claims against Disney. 

The complaint also argues that “The negotiations have stalled because Disney insists on bundling and penetration requirements that a federal district court judge in New York recently found in the context of the `Venu’ joint venture to be unlawful, anticompetitive, and `bad for consumers.’ Disney wants to force DirecTV to carry a `fat bundle’ including less desirable Disney programming—while itself offering cheaper, `skinnier’ bundles of programming that consumers want." 

“Along with these anti-competitive demands, Disney has also insisted that DirecTV agree to a `clean slate provision and a covenant not to sue, both of which are intended to prevent DirecTV from taking legal action regarding Disney’s anticompetitive demands, which would include filing good faith complaints at the Commission,” the complaint also noted. “Not three months ago, however, the Media Bureau made clear that such a demand itself constitutes bad faith.”

Earlier this year, the FCC fined Nexstar for seeking to limit the legal options of Hawaiian Telcom Services Company during retransmission consent negotiations. The FCC issued an order proposing fines totaling $720,000 against Nexstar for violations in how it negotiated a 2023 retransmission consent agreement. 

The FCC filing comes as DirecTV subscribers are facing the prospect of missing the first NFL matchup on Monday Night Football on Sept. 9. 

In response to the impasse, DirecTV also took the unusual step on Sept. 6 to offer subscribers a $30 credit that they could use towards signing up with a different provider to watch football games. 

A DirecTV blog post called "Get Your Football Back," noted that subscribers could “visit fubotv.com/deal to start your 7-day free trial from Fubo, either for their Pro or Elite with Sports Plus plans, and $30 off the first month after that. In addition, DirecTV will provide a $30 credit; or Visit sling.com/DirecTV to get the Sling Orange service, offset by a $30 credit from DirecTV. Both alternatives allow you to access Disney networks, including ESPN, ESPN2, ESPN3, Disney Channel, Freeform, and others…Learn more about these alternatives and how to redeem your $30 credit from DirecTV at TVPromise.com starting Saturday, Sept. 7. Once redeemed, credit will apply to active DirecTV accounts within two months.”

WASHINGTON—A pair of representatives from Rhode Island have introduced a new piece of legislation that seeks to protect against the misuse of drones.

The “Drone Operator Safety Act,” which was introduced by Rep. Jim Langevin (D-R.I.) and Sen. Sheldon Whitehouse (D-R.I.), would make it a criminal offense to fly a drone in a way that poses a safety risk to the operation of a manned aircraft. In addition, it would prohibit operators from flying drones near an airport’s runway without permission from the airport’s traffic control tower. Operators in violation of these proposed laws would be subject to fines and/or prison time.

The FAA has reported that pilots are seeing an increase in drone sightings, with 1,800 reports occurring in 2016, up from 1,200 in 2015. Past FAA regulation on drones allowed for civil penalties, but this would be one of the first criminal provisions that deals with unsafe drone operation.

“While drones provide exciting opportunities for hobbyists and have great commercial potential, they can pose serious risks to other aircrafts,” said Langevin. “This bill makes it clear that drone operators must be responsible for the safe operation of their vehicles to ensure the protection of air travelers in America.”

The legislation was included in the Senate Federal Aviation Administration reauthorization, which passed the Senate last year.