VoIP 911 Fees, End to Local Cable TV Rate Regulation Top Oct. 25 Meeting

Locality pre-emption beefs with the FCC aren't ending soon, with limits on local regulators' 911 VoIP fees and an end to some cable TV rate regulation on October's agenda. Chairman Ajit Pai, previewing the items for the Oct. 25 meeting in his blog Thursday, also said there will be items wrapping up part of the lengthy 800 MHz rebanding process, as expected (see 1910020030). There's also a media modernization NPRM that appears to concern eliminating broadcast antenna site rules that industry lawyers say have been used barely a handful of times in the past 30 years. Pai said there will be an order on testing procedures and performance measures for carriers receiving support from the USF Connect America Fund program for broadband deployment to high-cost areas and an order addressing two tariff regulations.

"The density and frequency" of FCC pre-emption actions involving local and state regulation is a growing concern for cities, Angelina Panettieri, National League of Cities (NLC) principal associate-technology and communications, told us. Citing the FCC's seeking comment on a CTIA petition for wireless siting rules clarity (see 1909130062) coming atop the agency's cable local franchise authority order (see 1908010011) and last year's wireless infrastructure order, she said the agency "seems very interested in providing regulatory handouts to industry at the expense of local governments." With similar municipal pre-emption issues coming up in state capitals, it's forcing cities "into a smaller and smaller box of authority," she said.

NLC had concerns about Charter's petition and the idea that over-the-top services without local broadcast channels or public, educational and governmental channels or the obligation to carry those would be considered competitors for cable TV. The group has with no stance on the 911 VoIP declaratory ruling. NATOA had no comment.

Pai said because of "vast changes in the video marketplace," cable rate regulation is limited to parts of Hawaii and Massachusetts, and the order responding to Charter's petition "would be a major step" in recognizing those changes and the role streaming services are playing. The company asks that those Hawaii and Massachusetts markets it covers be found subject to effective competition from AT&T's AT&T TV Now -- formerly DirecTV Now -- virtual MVPD service (see 1809170020). The two states opposed Charter's petition (see 1904290071). The Massachusetts Department of Telecommunications and Cable and Hawaii Department of Commerce and Consumer Affairs didn't comment Thursday.

The 14-year 800 MHz effort "has aimed to eliminate interference that once plagued first-responders operating in the band,” Pai said: “With this re-banding effort nearing the finish line, I am proposing that we eliminate requirements that are no longer necessary and will only serve the purpose of delaying the end of this already lengthy process.” The transition was initially supposed to be completed in July 2008. Pai didn’t mention implications for the T-Mobile/Sprint deal. Dish Network plans to buy 800 MHz spectrum from the combined company as part of the larger transaction before regulators.

Described in the blog post as dating from World War II, the broadcast antenna site rules were intended to prevent a single broadcaster from having sole access to a unique antenna site -- such as a single piece of private property surrounded by an unbuildable nature preserve. The rules were used rarely in the days of comparative license hearings, and haven't been very relevant since those were eliminated, the attorneys said. “There is now a serious question as to whether the Commission’s common antenna site regulations remain necessary,” wrote Pai. Experts said the rule change is unlikely to face opposition -- or generate much excitement.

With the USF testing procedures and performance measures, the FCC wants "to make sure that subscribers are getting the quality of service that they have been promised and our rules require," Pai said. "We also want to make sure that our testing procedures don't impose unnecessary burdens on small carriers located in hard-to-serve areas that often face unique challenges." Industry says performance tests could penalize providers aiming to serve high-cost rural areas (see 1905220034). New rules could change testing implementation dates and create a new "pre-testing" period to ensure proper testing systems are in place, Pai said.

Pai said the 911 VoIP fees ruling would assure regulatory parity between VoIP and traditional telecommunications services, and encourage migration "to more advanced, IP-based services." Industry and several Alabama 911 districts seek clarity (see 1908260038). The ruling would provide examples of discriminatory fees, Pai said.

The tariff regulations order would allow carriers to cross-reference their tariffs and those of their affiliates and eliminate the requirement price cap carriers file "short-form tariff review plans" 90 days before their annual interstate access charge filings are effective, he said.