The Daily Ex Parte, July 9, 2025
Opposition to SkyDance-Paramount and NextWave alleges that T-Mobile is violating encroachment rules.
The Daily Ex Parte
Filers
Center for American Rights, International Brotherhood of Teamsters & "Hollywood" Local 399
NW Spectrum, LLC
Center for American Rights, International Brotherhood of Teamsters & "Hollywood" Local 399
Proceeding(s): 24-275
Date of Meeting: July 7, 2025
Date Disseminated: July 09, 2025
Participants: Representatives David Goodfriend of I Street Advocates (on behalf of the International Brotherhood of Teamsters and its Hollywood Local 399) and Daniel Suhr (representing the Center for American Rights) met with David Brown and Chris Robbins of the FCC Media Bureau.
Summary of Discussion:
The discussion focused on the proposed transaction between Skydance Media and Paramount Global (MB Docket No. 24-275). The representatives for the Center for American Rights and the Teamsters urged the FCC not to "rubberstamp" the deal in its current form. They argued that a robust review is essential for the FCC to fulfill its duty to the public interest.
The main points presented by the filers were:
Deal Improvement: The petitioners have submitted specific and concrete suggestions for how the FCC can modify and improve the proposed deal to better serve the public interest, should it be approved.
Need for Robust Review: They emphasized that the FCC owes stakeholders and the American public a thorough review of the transaction, rather than a simple approval.
Stakeholder Engagement: The filers argued that the FCC as an institution is strengthened when it actively engages with and considers the input of stakeholders during its license review processes.
Commitment to a Better Outcome: Acknowledging the significant record and large number of petitioners involved, the representatives reiterated their commitment to supporting a final license package that adequately protects the interests of workers, consumers, and investors.
Source: [NOTICE OF EXPARTE, Center for American Rights, International Brotherhood of Teamsters & "Hollywood" Local 399, https://www.fcc.gov/ecfs/document/10709791205824/1]
NW Spectrum, LLC
Proceeding(s): 25-133, 18-120, 03-66
Date of Meeting: July 7, 2025
Date Disseminated: July 09, 2025
Participants:
Filer: NW Spectrum, LLC (“NextWave”), represented by counsel Jennifer Richter, Virginia Hiner Antypas, and Halie Peacher of Akin Gump Strauss Hauer & Feld LLP.
FCC Staff: In two separate meetings, NextWave representatives met with:
Joel Taubenblatt (Chief, Wireless Telecommunications Bureau)
Erin Boone and Arpan Sura (Chairman's Office)
Summary of Discussion:
Counsel for NW Spectrum, LLC (NextWave) met with FCC staff to request assistance in compelling T-Mobile USA, Inc. to cease what NextWave describes as unlawful encroachment on its exclusive 2.5 GHz spectrum in its Geographic Service Areas (GSAs). The discussion centered on T-Mobile's alleged ongoing non-compliance with FCC rules, despite Notices of Violation issued by the Enforcement Bureau (EB) in October 2024.
The core issue is T-Mobile's alleged violation of the 47 dBμV/m signal strength limit at the boundaries of its GSAs in New York and New Jersey, as required by 47 C.F.R. § 27.55. NextWave claims T-Mobile continues to exceed this limit by 20 to 1,000,000 times, thereby interfering with NextWave's operations. The meetings focused on two recent filings by NextWave: a Petition to Compel and comments in the Delete, Delete, Delete proceeding.
Petition to Compel Compliance: NextWave discussed its May 1, 2025, petition asking the FCC to force T-Mobile to comply with the rules cited in the Notices of Violation. NextWave expressed concern over a new argument from T-Mobile, which asserts that Section 27.55(a)(4) allows it to selectively choose where to comply with signal strength limits along its GSA boundaries. NextWave argued this interpretation is contrary to the rule's plain text and regulatory history. Crucially, NextWave asserted that this argument is now moot for the New York and New Jersey GSAs because the exception in Section 27.55(a)(4) only applies where an adjacent licensee is not yet providing service. Since NextWave commenced service in January 2023, the exception no longer applies, making other rules requiring strict compliance at the GSA border controlling. NextWave urged the Commission to move forward with the petition and enforce immediate compliance.
Delete, Delete, Delete Filing: NextWave also discussed its request to delete the exception in Section 27.55(a)(4) of the rules. NextWave argued for its removal for four main reasons:
The exception is no longer necessary to promote competition, as T-Mobile controls 92% of the 2.5 GHz band spectrum, and is instead being "weaponized" against smaller operators.
It stifles wireless deployment and competition by the few non-T-Mobile affiliated licensees.
No similar exception exists in the service rules for other bands.
The rule has a "devastating impact" on the value and use of exclusive-use spectrum rights in the band.
NextWave Service Update: NextWave informed staff that its service, which triggered T-Mobile's compliance obligations in early 2023, is now supported by 180 high-power base stations. Its network is being used and tested by industrial, public safety, and a major OEM customer. However, NextWave's ability to expand is being actively harmed by T-Mobile's actions, which are allegedly "swamping" NextWave's uplink capacity in New York/New Jersey and "entirely occupying" its spectrum in San Francisco and Mobile. In response to a question from staff, NextWave confirmed it has filed complaints against T-Mobile in these additional markets as well.
Source: [NOTICE OF EXPARTE, NW Spectrum, LLC, https://www.fcc.gov/ecfs/document/107092527930313/1]