FCC Draft on Wi-Fi Hot Spots Doesn't Include Fixed and Private Wireless

Contrary to some expectations, a draft order and Further NPRM allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services wasn’t expanded to include fixed wireless access and partnerships with nontraditional providers, based on the text of the draft released Thursday. Commissioners will vote July 18.

Also on the agenda is a next-generation 911 order that sets a 12- to 24-month deadline for the next-generation 911 transition as well as a prison calling draft order that would slash the per minute rate caps for voice service. A draft order on the accessibility of display settings for closed captions in video programming incorporates a joint proposal from NCTA and consumer groups such as the National Association of the Deaf.

The FCC also released the text of a notice seeking comment on uniform, industrywide handset unlocking requirements, as proposed by Chairwoman Jessica Rosenworcel (see 2406260058), as well as on proposals to cut the cost of correctional institution calling rates, to address video programming accessibility for the deaf and hard of hearing, and to spur the deployment of next-generation 911.

Industry officials were hopeful the FCC would change the focus to "commercial wireless" from "commercial mobile" proposed last year in an NPRM (see 2401300063).

“With respect to wireless Internet services, we limit the use of services to those that can be supported by and delivered with Wi-Fi hotspots provided to an individual user,” the E-rate item says. Some commenters asked the FCC to include other services, including fixed wireless and private LTE/5G networks and networks using citizens band radio service TV white space spectrum, it says.

“We acknowledge ... commenters’ concerns and recognize that connectivity provided by Wi-Fi hotspots is not a one-size-fits-all solution,” the draft argues: “However, in taking this action, we remain focused on the statutory obligation to establish rules that enhance access to the extent it is ‘economically reasonable.’ At this time, we do not possess the information necessary to make a broader determination, nor did any commenters sufficiently analyze the feasibility of broadening the scope of eligibility.”

Rosenworcel and Sen. Ed Markey, D-Mass., urged advocates to continue pushing to “revive” the commission’s lapsed affordable connectivity program in tandem with the proposed E-rate order, saying Thursday that “we need to pursue every avenue to ensure connectivity and opportunity for all.”

Former ACP recipients “now face hard choices about what to cut in their household budgets if they want to stay connected” since the FCC was “forced to shut off” the program after Congress failed to allocate additional money before its funds ran out in May, Rosenworcel and Markey said in a U.S. News and World Report opinion piece. “We are working hard to restore this program because we know that no one has a fair shot at success without reliable and consistent access to broadband. We are also working together to identify new solutions to close our country’s digital divide.” They noted the E-rate proposal is important because ECF is in its “final days.” The order would “make permanent some of the most successful technological access efforts passed out of necessity during the pandemic,” they said.

The Schools, Health & Libraries Broadband Coalition welcomed the proposal in general. "Over 23 million households lost their ACP subsidy earlier this month, and another 8 million households are losing their subsidy from the [ECF] at the end of June,” said John Windhausen, SHLB executive director. “This is a disastrous situation for our nation's disconnected and low-income families.”

Unlocking Handsets

The handset unlocking notice proposes to require that all mobile wireless providers unlock handsets 60 days after they’re activated, “unless within the 60-day period the service provider determines the handset was purchased through fraud.” The draft discusses the benefits to wireless competition.

“Handset unlocking, which allows consumers to take their existing handset with them when they switch from one mobile wireless service provider to another, can be an important tool in facilitating competition and reducing barriers for consumers to switch between wireless providers,” the unlocking draft says: “We tentatively conclude that adopting a broadly applicable set of handset unlocking requirements for all mobile wireless … providers would serve the public interest, and we seek comment on which requirements would best facilitate competition and consumer choice.”

“Real competition benefits from transparency and consistency,” Rosenworcel said in a Thursday news release: “When you buy a phone, you should have the freedom to decide when to change service to the carrier you want and not have the device you own stuck by practices that prevent you from making that choice.”

Cable companies, in particular, welcomed the look into unlocking rules. “Automatically unlocking mobile phones -- after an initial period needed to reduce fraud -- offers a path to increased consumer choice and competition in the US mobile market while also ensuring providers can protect their networks and customers against fraud and theft,” a Cox spokesperson emailed.

“In recent years, cable broadband providers have expanded their offerings to include mobile service, giving Americans more choices than ever before for their wireless providers,” NCTA said: “We value the Commission’s focus on continuing to increase consumer choice in the mobile marketplace.”

NG911

The draft NG911 order sets out the NG911 transition in two phases, with the first requiring OSPs to deliver 911 traffic in IP-based session initiation protocol format to delivery points and the second phase requiring the 911 authority to support routing, caller location and transmission of emergency information. The deadline for that transition varies by the type of provider, under the draft order. Some, like non-rural wireline providers and covered text providers, have six months for each phase. Others, like rural local exchange carrier providers and internet-based telecom relay services providers, have 12 months for each phase.

The NG911 draft order requires OSPs to cover the cost of delivering 911 traffic to designated NG911 delivery points in the absence of alternative state or local cost recovery mechanisms.

The FCC in the draft said there is "clear ... evidence" that the NG911 transition has been delayed "by uncertainty and disagreements" between OSPs and 911 authorities over basic NG911 service terms. The order is designed to "help resolve these disputes by eliminating key points of disagreement and facilitating discussions between OSPs and 911 Authorities concerning the issues that they need to coordinate," it said. "As a result, we expect these rules to accelerate the rollout of IP-based NG911 service to 911 callers nationwide."

Inmate Calling

The inmate calling draft order would cut the per minute rate caps for voice services by more than half and set up an interim cap for video communications such as video visits and videoconferencing. The draft order also would lump the costs of ancillary services into the rate caps and bar providers from imposing separate ancillary service charges on incarcerated people’s communication services (IPCS) customers. The order also would limit the costs associated with safety and security measures that can be recovered in the per minute rates. Along with the draft order is a NPRM that would seek comment on permanent rate caps for video IPCS.

Closed Captioning

The draft order would require manufacturers of covered video devices and apps as well as MVPDs to make display settings “readily accessible” to individuals who are deaf or hard of hearing. Setting accessibility would be determined using criteria from the joint proposal, including discoverability, previewability and consistency. Covered entities would have “flexibility in the precise manner of compliance” and a two-year deadline after publication in the Federal Register to come under compliance. “Many consumers continue to have difficulty accessing the display settings for closed captioning on televisions and other video devices -- a technical barrier that prevents the use and enjoyment of captioning.”