FCC Expands Videoconferencing Accessibility Access, Adopts 17 GHz Order

FCC commissioners on Thursday approved an order expanding the range of accessibility features that must be included in videoconferencing platforms (see 2409040053). In addition, multiple commissioners at the open meeting said allowing non-geostationary orbit fixed satellite service downlinks in the 17.2-17.8 GHz bandwidth should be a sizable boon to U.S. competitiveness in commercial space.

Videoconferencing modifications affirmed that the Interstate Telecom Relay Service (TRS) Fund supports the provision of video relay service and establishes a ban on exclusivity agreements between interoperable videoconferencing service (IVCS) providers and TRS providers. The rules apply to IVCS and the equipment and software that provides it. Moreover, the order establishes performance objectives for the service. Commissioners approved a related Further NPRM that seeks comment on whether additional performance objectives should be considered.

"The accessibility of videoconferencing service has not kept pace with the surge in its use," said Consumer and Governmental Affairs Bureau Chief Alejandro Roark. "Videoconferencing poses unique challenges for participation by people with disabilities, and implementation of accessibility is highly uneven," Roark said, adding that it's not "fully integrated" with the provision of telecom relay services.

"Our efforts," Chairwoman Jessica Rosenworcel said, "are consistent with the law and aligned with the fundamental idea behind it -- that when technology changes, our accessibility policies need to evolve and keep pace." The "ubiquity of IVCS is yet another reason why it is critical to ensure that all Americans have access to high-speed broadband," said Commissioner Geoffrey Starks: "In a world where everything from parent-teacher conferences to telehealth visits, to calls to grandma and grandpa, happen over IVCS, neither disability nor location nor income should stand in the way of Americans being connected."

Pointing to the current “golden era of commercial space,” Starks said the contiguous 1300 MHz of the 17 GHz band now available for NGSO downlinks should help “sustain competition and innovation” in satellite broadband. Commissioner Brendan Carr said connectivity from space “is a big part of our future,” and the 17 GHz band access will help “bring that future forward to reality.” The 17 GHz item, which was not released Thursday, got 5-0 support.

Verizon and AT&T had raised concerns about protection of incumbent fixed service operations in the 17.7-17.8 GHz slice (see 2409200038). The Space Bureau said Thursday that protections for incumbents were unchanged between the draft order and the adopted version. In a docket 20-330 filing this week, Amazon’s Kuiper said there’s ample evidence that NGSO FSS operations can coexist with other services and that existing rules protect terrestrial fixed service from the possibility of NGSO FSS downlink interference. Opening up more spectrum in the 17 GHz band for satellite use "will enhance the ability of satellite operators to deliver broadband services to customers across the country," Kuiper domestic regulatory affairs head Kalpak Gude wrote Thursday on LinkedIn. "By adopting rules for low Earth orbit satellite providers like Kuiper in the 17 GHz band, the FCC also capitalizes on the international momentum coming out of [the 2023 World Radiocommunication Conference] and maintains U.S. leadership in the growing space economy," he said.

Commissioners agreed on a 4-1 vote to issue a $6 million fine against political consultant Steve Kramer for conducting an illegal robocall campaign targeting potential New Hampshire voters during the January presidential primary using deepfake, AI-generated voice cloning technology (see 2406260041). Lingo Telecom agreed to pay a $1 million fine and implement a compliance plan under a settlement with the FCC for carrying the traffic (see 2408210039). Commissioner Nathan Simington dissented. "Regrettably, I have to dissent for reasons previously stated that I won't go into at length," he said.

The full FCC issued forfeiture orders totaling $837,330 against three Florida pirate radio operators and proposed another $1 million in penalties against three New York-area pirate broadcasters. "We are stewards of the public airwaves,” said Rosenworcel Thursday. “And for those who fail to follow the rules, there are consequences.” The commissioners voted 4-1 to approve the enforcement items, with Commissioner Nathan Simington dissenting. Simington previously said he will dissent from monetary forfeitures until the FCC “formally determines” how the U.S. Supreme Court’s SEC v. Jarkesy decision affects its enforcement authority (see 2409060054).

In the Miami orders, the FCC issued penalties of $358,665 each against Cameron Brown and Brindley Marshall for operating unauthorized radio stations in Miami-Dade County and Miami. “Brown has engaged in the longstanding illicit operation of an unauthorized radio station known as ‘The Plug,'" while Marshall ran a pirate station called “Hot 97.7 FM,” said the FCC. The commissioners also approved a $120,000 forfeiture order against Abdias Datis, who goes by DJ AJ 305 on his Miami pirate station “Unique FM,” the release said. The agency issued a notice of apparent liability proposing a $920,000 penalty against Masner Beauplan for operating “Radio Leve Kanpe” in Irvington and Maplewood, both in New Jersey, from November until January. The FCC also issued NALs proposing $40,000 penalties for Raul Alcantara in the Bronx, New York, and Wilner Baptiste in Spring Valley, New York. Alacantara operated pirate station “Sabor FM” while Baptiste operated “M-One Radio Live,” also known as “M-One Live Radio, the release said.

Historically, most FCC fines against pirate radio operators have not been paid, broadcast industry officials have told us. Both the Miami and New York-area pirate investigations took place under the auspices of the 2020 Preventing Illegal Radio Abuse Through Enforcement Act, Rosenworcel said Thursday. That legislation authorized higher fines for unauthorized broadcasters with the goal of enticing DOJ prosecutors to pursue collection of penalties. However, FCC Enforcement Bureau Chief Loyaan Egal said at a news conference Thursday he’s unaware of U.S. attorneys publicly stating that they are working to collect FCC pirate forfeitures since the Pirate Act was passed. “We strongly support DOJ allocating resources for this important work,” Egal said.

Meeting Notebook

The commission’s approval last week of extended milestones for EchoStar’s 5G network buildout (see 2409200049) was “a pretty significant process foul,” Carr said. There should have been a public comment period for EchoStar’s extension request, he added, or at least a heads-up to commissioners about the approval, which came only a few days later. Carr also was critical of the extensions themselves, saying they invalidated the reason behind the original milestones: ensuring that Dish Network, now part of EchoStar, would follow through on its buildout commitments.