On December 27, 2024, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”). As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC. NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS. NTIA invited comments to be filed by February 10, 2025. Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal
FCC Allocates New Spectrum for Commercial Space Launches
On December 31, 2024, the FCC issued a Report and Order (Third R&O) formally allocating additional spectrum for commercial space launch applications, fulfilling a provision of the Launch Communications Act (LCA) of 2024. The LCA, which President Biden signed on September 26, 2024, directed the FCC to make the 2025–2110 MHz, 2200–2290 MHz, and 2360–2395 MHz bands (LCA Bands) available for use in commercial launches and reentries, and to finalize such allocations within 90 days of enactment of the bill. In a statement on December 19, 2024, FCC Chairwoman Rosenworcel stated that the new rules are intended to “build upon Commission action in 2023 that will enable companies to conduct launch activities without needing to request temporary authority from the FCC for each space launch,” making the commercial space launch process more predictable.
The FCC states that the rule changes, which are part of the agency’s new Space Innovation agenda, allocating new spectrum in the 2360–2395 MHz band generally are intended to satisfy the Congressional mandate of the LCA, provide regulatory certainty to licensees, minimize administrative burdens by leveraging efficiencies of scale and scope that will spur innovation, investment, and rapid deployment of space launch operations, and protect incumbents from harmful interference.Continue Reading FCC Allocates New Spectrum for Commercial Space Launches
FCC Issues Filing Guidelines for Supplemental Coverage from Space (SCS) Applications; Authorizes SpaceX and T-Mobile to Premiere SCS Deployment
On December 5, 2024, the Federal Communications Commission (FCC) announced that its filing requirements were now in place for parties seeking to deploy Supplemental Coverage from Space, finalizing a new regulatory regime that enables satellite operators to work with wireless provider partners to provide ubiquitous coverage to hard-to-reach users. This step establishes the administrative requirements for FCC approval of SCS deployments and follows on the heels of a November 26th authorization of the first-ever SCS partnership, a collaboration between SpaceX and T-Mobile.Continue Reading FCC Issues Filing Guidelines for Supplemental Coverage from Space (SCS) Applications; Authorizes SpaceX and T-Mobile to Premiere SCS Deployment
Pennsylvania Court Finds Promotion Program During Presidential Campaign Not a Lottery
On November 12, 2024, the Court of Common Pleas of Philadelphia County (the “court”) released is decision holding that the promotional effort to award $1 million to persons who indicated their support for the U.S. Constitution did not constitute a lottery under Pennsylvania law. This decision marks a rare instance in which a court has ruled upon whether the key elements of a “lottery” or similar gambling scheme were present in a consumer-facing promotional effort. In this case the court held that the key elements of a lottery (prize, chance, and consideration) were not present.
Background
On October 19, 2024, the founder of America PAC (Mr. Elon Musk) stated at a Pennsylvania rally that he would award $1 million per day for the next two weeks to a registered voter who signed America PAC’s petition pledging support for the U.S. Constitution and the First and Second Amendments. America PAC also announced this promotional program on the website X with a post that stated the PAC “will be randomly awarding one million dollars every day from now until election day, to registered Pennsylvania voters who sign America PAC’s petition, and a surprise member of the audience as the first winner.” This post also included a video that stated the money would be awarded “randomly” to people who signed the petition and agreed to be a spokesperson for the petition. Subsequent posts promoting the program mentioned signing the petition for a chance to win $1 million.Continue Reading Pennsylvania Court Finds Promotion Program During Presidential Campaign Not a Lottery
Bills to Regulate Sports Betting Introduced in Senate and House
Updated October 1, 2024. Originally posted September 19, 2024.
Last month, far-reaching proposals to regulate sports betting were introduced in the U.S. Senate and the House of Representatives by Senator Richard Blumenthal and Representative Paul Tonko which mark “the first comprehensive legislation that would address the public health implications inherent in the widespread legalization of sports betting.” The bills, called the Supporting Affordability and Fairness with Every Bet (SAFE Bet) Act, would establish a broad federal scheme imposed on State gambling authorities to limit sports betting advertising, address problem gambling, and focus on other “public safety” measures.
The SAFE Bet Act would establish a general nationwide prohibition on sports betting with an exception for States that receive approval from the Department of Justice (DOJ) to operate a sports betting program consistent with the requirements of the proposed legislation. DOJ approval of a State’s application would be valid for three years and would be renewable. To receive approval, a State would have to show that it meets minimum federal standards related to sports betting advertising, controls on customer deposits, general consumer-protection requirements, and the use of artificial intelligence (AI) by sports betting operators. The following is a high-level summary of the key standards.Continue Reading Bills to Regulate Sports Betting Introduced in Senate and House
FCC Adopts Initial Rules for Drone Operations
On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service rules for UAS operations.
In a press release accompanying the Order, Chairwoman Jessica Rosenworcel said “We are already starting to live in the future we’ve long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security…The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity. We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers, and our economy.”Continue Reading FCC Adopts Initial Rules for Drone Operations
FCC Proposes Labeling and Disclosure Rules for AI-Generated Content in Political Ads
On Thursday, July 25, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) proposing new requirements for radio and television broadcasters and certain other licensees that air political ads containing content created using artificial intelligence (AI). The NPRM was approved on a 3-2 party-line vote and comes in the wake of an announcement made by FCC Chairwoman Jessica Rosenworcel earlier this summer about the need for such requirements, which we discussed here.
At the core of the NPRM are two proposed requirements. First, parties subject to the rules would have to announce on-air that a political ad (whether a candidate-sponsored ad or an “issue ad” purchased by a political action committee) was created using AI. Second, those parties would have to include a note in their online political files for political ads containing AI-generated content disclosing the use of such content. Additional key features of the NPRM are described below.Continue Reading FCC Proposes Labeling and Disclosure Rules for AI-Generated Content in Political Ads
Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split
On July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down the Federal Universal Service Fund (USF) in Consumers’ Research et al. v. FCC. In a 9-7 en banc decision, the majority reversed an earlier decision by a three-judge panel and held that the program created by the Federal Communications Commission (FCC) based on provisions in the 1996 Telecommunications Act constitutes an unlawful delegation of taxing power from Congress and thus violates Article I, § 1 of the Constitution.
The USF is a system for subsidizing telecommunications service to low-income households and high-cost areas by assessing telecommunications carriers; it also provides support to schools and libraries as well as rural health care facilities. USF accomplishes this through four main mechanisms: the High-Cost Program, which provides support to certain telephone companies that serve high-cost areas; the Low Income Support Program, which subsidizes monthly telephone and broadband service for low-income customers; the E-rate Program, which subsidizes the provision of broadband connectivity and Wi-Fi to schools and libraries; and the Rural Health Care Program, which subsidizes the provision of telecommunications services to rural healthcare providers.Continue Reading Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split
FCC’s Space Bureau Seeks Further Input on Regulation of Orbital Debris; Comments Due June 27
Updated May 28, 2024. Originally posted May 10, 2024.
The U.S. Federal Communications Commission (FCC) is set to reopen the public comment period on potential further amendments to its orbital debris mitigation rules, providing space industry stakeholders with a new opportunity to provide input on regulations with far-reaching implications. Further illustrating the FCC’s commitment to leadership in regulating commercial space operations, stakeholders have until Thursday, June 27 to provide input on the agency’s regulation of orbital debris. Today’s Federal Register sets this comment deadline, as well as a cutoff of Friday, July 12 for any reply comments.Continue Reading FCC’s Space Bureau Seeks Further Input on Regulation of Orbital Debris; Comments Due June 27
FCC’s “Supplemental Coverage from Space” Rules Take Effect May 30; New Licensing Framework Expands Satellite-to-Smartphone Coverage
Updated April 30, 2024. Originally posted March 18, 2024.
In March, the U.S. Federal Communications Commission (FCC) adopted a licensing framework that authorizes satellite operators to partner with terrestrial wireless providers to develop hybrid satellite-terrestrial networks intended to provide ubiquitous network connectivity, including in “dead zones” and other hard-to-reach areas. Today’s Federal Register publication confirms that this new “Supplemental Coverage from Space” (SCS) regime will become effective Thursday, May 30, 2024, which will enable satellite operators to serve as a gap-filler in the networks of their wireless provider partners by using their satellite capability combined with spectrum previously allocated exclusively to terrestrial service.Continue Reading FCC’s “Supplemental Coverage from Space” Rules Take Effect May 30; New Licensing Framework Expands Satellite-to-Smartphone Coverage