The Daily Ex Parte, July 18, 2025
The Daily ExParte
Filers
Skydance Media, LLC - Paramount approval
Public Knowledge, United Church of Christ Media Justice Ministry, UnidosUS, National Hispanic Media Coalition - (CG Docket No. 17-169; CC Docket No. 98-170; 25-133)
Mezmo Corporation (dba InnoCaption) - IP CTS
NextNav Inc. - 25-110, 24-240
Pearl TV - SiliconDust (HD Home Run)
Alliance for Automotive Innovation - 25-133, 25-110, 25-165, 22-238
Charles Helstein, KAZM - include small-market, independent broadcasters and engineers in the FCC’s technical and policy advisory processes for EAS modernization
Skydance Media, LLC
Proceeding(s): 24-275
Date of Meeting: July 15, 2025
Date Disseminated: July 17, 2025
Participants: Representatives from Skydance Media, LLC ("Skydance"), including David Ellison (Chief Executive Officer) and Matthew A. Brill (Counsel, LATHAM & WATKINS LLP), met with Chairman Brendan Carr, Greg Watson (Chief of Staff), and Ben Arden (Special Counsel, Media Bureau) of the FCC.
Summary of Discussion:
Representatives for Skydance met with FCC staff to advocate for the prompt approval of its application to acquire Paramount Global ("the Transaction"). The discussion centered on the public interest benefits of the acquisition and addressed concerns raised by petitioners in the proceeding.
Skydance argued that its consortium, which includes entities controlled by the Ellison family and a fund vehicle controlled by RedBird Capital Partners ("RedBird"), would provide "fresh leadership" to navigate the current media landscape. They emphasized their commitment to preserving and enhancing the legacy of the CBS television network and its 28 owned-and-operated local stations. Skydance also stated its dedication to unbiased journalism, diverse viewpoints, non-discrimination, and equal employment opportunity at the new entity, referred to as "New Paramount."
A key focus of the meeting was to refute allegations of potential undue foreign influence over New Paramount. Skydance specifically addressed claims regarding Chinese influence through RedBird. They clarified that Tencent's involvement would be limited to a non-voting, passive interest of less than 5% in the form of publicly traded shares, affording it no governance, informational rights, or influence over the company's operations. Skydance asserted that David Ellison would lead the company with a focus on American storytelling and that the governance structure would ensure management by the Ellison family, free from any foreign influence, in full compliance with FCC rules.
Source: [NOTICE OF EXPARTE, Skydance Media, LLC, https://www.fcc.gov/ecfs/document/1071757519667/1]
Public Knowledge, United Church of Christ Media Justice Ministry, UnidosUS, National Hispanic Media Coalition
Proceeding(s): 17-169, 98-170, 25-133
Date of Meeting: July 17, 2025
Date Disseminated: July 18, 2025
Participants: Alisa Valentin, Sara Collins, and Bria Johnson of Public Knowledge (PK); Cheryl Leanza of United Church of Christ Media Justice Ministry; Claudia Ruiz of UnidosUS; and Daiquiri Ryan Mercado of the National Hispanic Media Coalition met with Danielle Thumann and Callie Coker from the office of FCC Chairman Carr.
Summary of Discussion:
The discussion covered two main topics: a draft Notice of Proposed Rulemaking (NPRM) concerning consumer billing protections and a proposed Direct Final Rule process for eliminating existing regulations.
1. Protecting Consumers from Unauthorized Carrier Changes and Truth-in-Billing (CG Docket No. 17-169; CC Docket No. 98-170)
The advocates expressed concern that the FCC's draft NPRM, aimed at modernizing slamming and truth-in-billing rules, could weaken essential consumer protections. They argued that these protections are more critical than ever due to economic instability, potential changes to the Universal Service Fund, and the growing threat of sophisticated fraud from artificial intelligence (e.g., fake billing notices, impersonation of consumers or agents).
The groups urged the Commission to revise the NPRM to better protect vulnerable populations, including low-income consumers, aging populations, and those with low literacy. They proposed adding specific questions to the NPRM, including:
What safeguards are needed to counter higher risks of billing fraud from AI tools?
What additional protections should be afforded to Lifeline consumers, especially in light of potential Universal Service Fund reforms?
How would eliminating the requirement for a toll-free contact number on paper bills impact communities without reliable internet access, such as older, low-income, or rural populations?
Should slamming and cramming protections be extended to cover VoIP services?
Additionally, the advocates raised two specific issues with the draft:
The "reasonably designed" standard for consent verification in paragraph 19 is too vague and could lead to carriers implementing ineffective procedures.
Removing the "Consumer & Governmental Affairs Bureau" from the complaint resolution process (section 64.1150(b)) would be inefficient for consumers and the agency, and would make it harder to identify broad patterns of provider abuse by scattering complaints across different bureaus.
2. "Delete, Delete, Delete" Direct Final Rule (Docket No. 25-133)
The advocates voiced "grave concern" over a proposal to allow FCC bureaus and offices to eliminate existing rules using a Direct Final Rule (DFR) process under the "good cause" exception of the Administrative Procedure Act (APA). This was the subject of the meeting, and a detailed letter signed by 22 public interest, civil rights, labor, and digital rights organizations was attached to the filing.
Their primary arguments against the proposal were:
Blocks Judicial Review: The process would effectively prevent timely judicial review. A bureau's decision to delete a rule would take effect immediately, but an aggrieved party must first appeal to the full Commission before going to court. The groups argued a Chairman could indefinitely block judicial review by simply refusing to act on the appeal, concentrating immense power in the hands of the Chair.
Exceeds Delegated Authority: The proposal allows bureaus to eliminate rules deemed "obsolete, unlawful, anticompetitive, or otherwise no longer in the public interest." The advocates argued these are substantive determinations that are not "insignificant" or "inconsequential" and should be handled by the full Commission through traditional notice-and-comment rulemaking, not by bureaus via an expedited DFR process.
Removes Critical Safeguards: The proposed DFR process eliminates or weakens key safeguards recommended by the Administrative Conference of the United States (ACUS). Specifically, the FCC's proposal shortens the comment period from ACUS's recommended 30 days to just 10, requires multiple adverse comments (rather than one) to even consider reverting to standard rulemaking, is not bound by the ACUS definition of "adverse comment," and reduces public notice by not requiring publication in the Federal Register under certain conditions.
Harms Vulnerable Communities: The short 10-day comment period is insufficient for advocates to identify and respond to rule changes that could harm marginalized communities. They cited the example of rules for calling cards and pay phones, which may seem obsolete but remain vital for rural areas, immigrant communities, and the unhoused.
The organizations strongly urged Chairman Carr to withdraw the item from the agenda. As an alternative, they requested that the Commission not delegate this authority to the bureaus. If a vote proceeds, they asked that the item be modified to include the ACUS guardrails and a firm deadline (e.g., 90 days) for the Commission to act on appeals to ensure a path to judicial review.
Mezmo Corporation (dba InnoCaption)
Proceeding(s): 03-123
Date of Meeting: July 15, 2025
Date Disseminated: July 17, 2025
Participants:
Mezmo Corporation (dba InnoCaption): Cristina Duarte (Senior Director of Regulatory Affairs), Paul Lee (Chief Operating Officer)
FCC:
Callie Coker (Legal Advisor to Chairman Carr)
Edyael Casaperalta (Legal Advisor to Commissioner Gomez)
Jessica Kinsey (Acting Legal Advisor to Commissioner Trusty)
Consumer and Governmental Affairs Bureau, Disability Rights Office: Michael Scott (Deputy Division Chief), William Wallace (Attorney Advisor), Stephen Wang (Attorney Advisor), Bob Aldrich (Attorney Advisor)
Summary of Discussion:
Representatives from Mezmo Corporation (dba InnoCaption) met with staff from the Chairman's and Commissioners' offices and the Consumer and Governmental Affairs Bureau to provide an update on the company's strategic initiatives, service improvements, and technological advancements related to Internet Protocol Captioned Telephone Service (IP CTS).
A central theme of the discussion was InnoCaption's appreciation for the FCC's adoption of the 5-year, split-rate IP CTS structure. InnoCaption emphasized that this new rate structure provides the stability necessary to sustain and invest in their high-quality live stenographer (CART) captioning services. They noted it also enables long-term business planning, investment in research and development, and other operational improvements.
InnoCaption provided an overview of its company and service, highlighting key points:
Company Mission and Impact: InnoCaption’s mission is to provide an empowering telecommunications accessibility solution for the deaf and hard-of-hearing community. The company serves tens of thousands of users monthly, with a significant portion being working-age individuals. According to their 2023 White Paper, 86% of their users utilize a hearing assistive device, and new users report a 55% reduction in listening fatigue and a positive shift in emotions when making calls.
Service and Technology: The company's primary offering is a mobile app for real-time call captioning. InnoCaption stressed its unique position as the only IP CTS provider that allows users to choose between live stenographers (CART) and automated speech recognition (ASR) captioning, with the ability to switch modes before or during a call. Other unique features highlighted include multi-language support, a web-based client for computers (InnoCaption Web), and a "Caption Alert" feature that notifies users when captions restart after a long hold.
Technology Adoption Trends: While acknowledging that improvements in ASR technology have led to increased user adoption and allowed the service to scale, InnoCaption reported that there remains a stable and persistent demand for stenographer-provided captions to meet diverse user accessibility needs.
Strategic Initiatives: InnoCaption shared updates on several key initiatives:
The acquisition of CaptionMate in November 2024 and the subsequent completion of its operational integration.
Receiving IP Relay certification in December 2024, with new features planned for the near future.
The continued rollout of InnoCaption Connect, a Telecommunications Relay Service (TRS) designed for use in correctional facilities.
In its filing, InnoCaption also submitted a request for confidential treatment for redacted portions of its presentation. The redacted information includes specific data on its active user count, the usage split between ASR and stenographer captioning, and detailed information about the average hourly pay for its Communications Assistants (CAs), which it deemed commercially and competitively sensitive.
Source: [NOTICE OF EXPARTE, Mezmo Corporation (dba InnoCaption), https://www.fcc.gov/ecfs/document/10718109210521/1]
NextNav Inc.
Proceeding(s): 25-110, 24-240
Date of Meeting: The provided documents, dated July 17, 2025, were submitted to memorialize discussions from recent meetings with FCC officials. The specific dates of the meetings are not stated.
Date Disseminated: July 18, 2025
Participants: The filing was submitted by Renee Gregory (Vice President of Regulatory Affairs) on behalf of NextNav Inc. The materials presented included a report authored by Coleman Bazelon and Paroma Sanyal of The Brattle Group. The meetings were held with unnamed "FCC officials".
Summary of Discussion:
The ex parte filing presents a supplemental report from The Brattle Group on behalf of NextNav Inc. to rebut an economic analysis submitted by Harold Furchtgott-Roth (the “HFR Filing”). The HFR Filing, prepared for the International Bridge, Tunnel & Turnpike Ass'n (IBTTA), E-ZPass Group, and Neology, Inc., argued against NextNav's proposal to reconfigure the lower 900 MHz band. NextNav's core argument is that its plan to enable 5G-based Positioning, Navigation, and Timing (PNT) and terrestrial 5G services would generate tens of billions of dollars in national benefits while imposing minimal and manageable costs on incumbent users. The company urged the FCC to dismiss the HFR Filing and promptly issue a Notice of Proposed Rulemaking (NPRM).
The discussion centered on a point-by-point refutation of the HFR Filing's cost and benefit analysis:
Critique of the HFR Filing's Cost Estimates:
Fundamental Flaw: NextNav argues the HFR Filing is based on the erroneous premise that current licensed and unlicensed users would be forced to suffer interference, relocate, or cease operations. NextNav asserts this is untrue and that coexistence is central to its proposal.
Costs to Unlicensed Users (Part 15 Devices): The Brattle Group report states the cost to unlicensed users is zero.
NextNav's technical studies (which the HFR Filing allegedly ignored) demonstrate that 5G operations will not cause unacceptable interference, allowing Part 15 devices (like RAIN RFID) to continue operating across the entire band.
The HFR Filing relied on a third-party study from Digi International Inc. with unscrutinized and unsupported assumptions.
The report notes that many countries (e.g., in Europe and Asia) successfully use narrower spectrum ranges for similar unlicensed operations.
Costs to Licensed Users (Tolling Operators): NextNav argues that costs for tolling operators are minimal.
Many tolling systems, like E-ZPass which uses Time Division Multiplexing (TDM), operate on frequencies (around 915 MHz) that do not conflict with NextNav's proposed 5G channels.
For other protocols (e.g., 6C and SeGo), toll readers can be retuned to different channels, a process NextNav claims is low-cost. Importantly, the transponders in vehicles would not need replacement as a result of reader retuning.
NextNav has committed to providing "reasonable accommodations, including financial and technical support" to ensure a smooth transition for licensed operators.
Overstated Revenue Loss: The report dismisses the HFR Filing’s claims of lost tolling revenue as "severely flawed." It argues that these claims rely on unrealistic assumptions about service degradation and a full-scale switch to less efficient Automated License Plate Recognition (ALPR) systems, which NextNav contends is a "strawman" scenario.
Failure to Account for Lifecycle Costs: The HFR Filing is criticized for treating all costs as new and incremental. The Brattle Group argues that it ignores routine technology refresh cycles and planned capital upgrades. Much of the existing tolling hardware and IoT devices would be replaced within 5-10 years as part of normal business operations due to technological obsolescence. The report cites IBTTA's own statements that future tolling will migrate to V2X and 5G/6G, making current RFID technology obsolete anyway.
Re-evaluation of the Proposal's Benefits:
Value of GPS Backup: NextNav strongly criticizes the HFR Filing for assigning zero value to a terrestrial backup for GPS. The Brattle Group report reiterates its own valuation, which estimates a $10.8 billion civilian benefit (as an "insurance policy" against GPS outages) and a $3.8 billion military benefit.
Value of 5G Services: The HFR Filing is accused of undervaluing the benefits of deploying 5G in low-band spectrum, estimating it at only $1-2 billion. The Brattle Group counters that the consumer surplus generated from mobile wireless services is typically 10-20 times greater than producer surplus, placing the total benefits in the "many tens of billions of dollars."
Conclusion and Call to Action:
NextNav concludes that the economic merits of its proposal are clear and withstand scrutiny. The plan addresses an urgent national security need for a resilient PNT system at no cost to taxpayers, unlocks significant consumer surplus through new 5G services, and imposes only minimal, manageable costs on incumbents. The company urged the FCC to see through the "delay and obstruction" and move forward with an NPRM to reconfigure the lower 900 MHz band.
Source: [NOTICE OF EXPARTE, NextNav Inc., https://www.fcc.gov/ecfs/document/1071792861358/1]
Pearl TV
Proceeding(s): 16-142
Date of Meeting: The filing references a "recent discussion" with the FCC Media Bureau but does not provide a specific date. The letter is a follow-up to that discussion.
Date Disseminated: July 18, 2025
Participants:
Pearl TV, represented by its counsel Gerard J. Waldron and Max Larson of Covington and Burling LLP.
FCC Staff (Addressed to and copied):
Media Bureau: Erin Boone, Deena Shetler, Jessica Kinsey
Consumer and Governmental Affairs Bureau: Hillary DeNigro, Maria Mullarkey, Evan Morris, Evan Baranoff, Nancy Murphy
Enforcement Bureau: Eduard Bartholme, Mark Stone, Wesley Platt, James Brown
Other Staff: Patrick Webre, Aice Jou
Summary of Discussion:
The filing from Pearl TV addresses consumer complaints filed in the docket regarding the SiliconDust HDHomeRun Flex 4K ("HDHomeRun") gateway device and its inability to access certain ATSC 3.0 (NEXTGEN TV) programming. Pearl TV argues that the fault lies not with the ATSC 3.0 standard but with SiliconDust's business and design choices for its device.
The central argument is that the HDHomeRun device utilizes a chipset, specifically the "Hi3716," manufactured by HiSilicon, a wholly-owned subsidiary of Huawei Technologies Co., Ltd. Pearl TV emphasizes that the FCC has designated Huawei as a national security threat and placed it on the Covered Equipment list, while the U.S. Commerce Department has placed it on its "Entity List."
According to Pearl TV, SiliconDust's decision to use a HiSilicon chip has several critical consequences:
Inability to Secure Licenses: The use of a prohibited component prevents SiliconDust from licensing key ATSC technologies from various U.S. companies.
Lack of Security Verification: The device cannot obtain the necessary security verification required to decrypt and display all ATSC 3.0 content, particularly high-value programming protected by the A3SA content protection technology.
Deceptive Marketing: Pearl TV accuses SiliconDust of actively marketing a device to consumers that it knows will not fully work with encrypted ATSC 3.0 broadcasts. They contrast this with other manufacturers like Sony and Samsung, who offer fully compliant devices without using prohibited components.
To substantiate its claims, Pearl TV provides a detailed photographic teardown of an HDHomeRun Flex 4K device purchased in July 2025. The images clearly show the internal circuit board and a close-up of a chip with the HiSilicon logo and model number "Hi3716" plainly visible after removing the thermal putty.
Pearl TV concludes by stating that this information explains why HDHomeRun users are unable to fully access NEXTGEN TV. The organization expresses its willingness to work with SiliconDust to help bring their devices into full compliance, but only on the condition that the device no longer contains prohibited components from Huawei/HiSilicon.
Source: [NOTICE OF EXPARTE, Pearl TV, https://www.fcc.gov/ecfs/document/107180407509394/1]
Alliance for Automotive Innovation
Proceeding(s): 25-133, 25-110, 25-165, 22-238
Date of Meeting: July 16, 2025
Date Disseminated: July 18, 2025
Participants:
Alliance for Automotive Innovation ("Auto Innovators"): John Bozzella, Hilary Cain, Sarah Puro, and Tara Hairston
FCC: Chairman Brendan Carr and Adam Chan (Director, Council on National Security)
Summary of Discussion:
Representatives from the Alliance for Automotive Innovation met with Chairman Carr and Adam Chan to discuss several key regulatory and policy issues impacting the automotive industry. The discussion covered four main topics:
Deregulatory Efforts and Dormant Proceedings (GN Docket No. 25-133): Auto Innovators discussed the Commission's ongoing efforts to streamline regulations, including its initiative to terminate certain proceedings deemed dormant.
GPS Alternatives (WT Docket No. 25-110): The participants addressed the Commission's Notice of Inquiry regarding the development of complementary technologies and alternatives to the Global Positioning System (GPS), a critical component for modern vehicle navigation and safety systems.
Safe Connections Act (CG Docket No. 25-165): The meeting covered the FCC's 2024 request for public input on the implementation of regulations for the Safe Connections Act, which is aimed at supporting survivors of domestic violence.
Connected Vehicle Security (WC Docket No. 22-238): Auto Innovators discussed the FCC's proposal to update its Covered List. This update follows a final rule from the Department of Commerce's Bureau of Industry and Security that restricts certain transactions involving connected vehicle hardware or software, a measure aimed at addressing national security concerns.
Source: [NOTICE OF EXPARTE, Alliance for Automotive Innovation, https://www.fcc.gov/ecfs/document/107181883721619/1]
Charles Helstein, KAZM
Proceeding(s): 15-94, 22-329
Date of Meeting: No meeting was held; this is a written ex parte communication.
Date Disseminated: July 18, 2025
Participants: Charles Joseph Helstein (Owner & Chief Engineer, KAZM-AM / Cuttergrind Broadcasting LLC) submitted a written comment to the FCC
Summary of Discussion:
In a written ex parte communication, Charles Joseph Helstein, the owner, chief engineer, and primary Emergency Alert System (EAS) participant for KAZM-AM in Northern Arizona, urged the FCC to include small-market, independent broadcasters and engineers in its technical and policy advisory processes for EAS modernization.
Mr. Helstein argued that the current record in the proceeding is dominated by large entities like manufacturers, trade associations, and government agencies, while lacking the crucial "ground-level" perspective of those who operate and maintain EAS infrastructure in real-world conditions. He stressed that these small operators manage EAS hardware in challenging terrains, integrate legacy analog systems with modern IP-based technology under emergency constraints, and handle all compliance duties without the support of large corporate teams.
He warned that without direct input from field-level operators, the Commission risks creating policies that are impractical, impose unmanageable burdens on small stations, or ultimately fail during live emergencies, thereby compromising readiness in rural communities.
To remedy this, Mr. Helstein formally requested to be included in any FCC advisory group, technical review board, or working committee focused on EAS modernization. He presented his qualifications, which include:
Owner and operator of KAZM-AM 780 / FM 106.5, an independent station.
Certifications in IPAWS, ICS, CERT, and FEMA EAS operations.
Experience designing and managing hybrid EAS infrastructure that uses both legacy and AI-assisted IP alerting.
A proven track record of managing public safety alerts during wildfires, Amber Alerts, and infrastructure failures.
Mr. Helstein concluded by stating that he represents a class of broadcasters who are "too small to lobby, too critical to ignore, and too experienced not to consult." He asserted that for EAS policy to be effective at the point of delivery, station owners must have a seat at the table to ensure no community, especially in rural areas, is left out of the national alerting ecosystem.
Source: [NOTICE OF EXPARTE, Charles Helstein, KAZM, https://www.fcc.gov/ecfs/document/10718008106348/1]