The FCC clamped down, for the first time, on robotexts and closed what it called a loophole in Stir/Shaken rules. Both items were approved, as expected (see 2303130049 and 2303140062), by unanimous votes Thursday with minor tweaks. Neither item has been posted.
Country of origin cases
An order and Further NPRM on improving how Stir/Shaken works as a tool against unwanted and illegal robocalls is expected to be approved by FCC commissioners Thursday, potentially with a few tweaks addressing the handful of concerns raised by industry, industry officials said.
A growing number of space operators are going to face difficulty meeting their milestone deadlines for deployment, and the FCC needs to craft a policy response, said space lawyer Patrick Campbell of Milbank Tuesday at Satellite 2023. The problem is licenses given before the pandemic facing delays due to COVID-19 and supply chain issues, plus a launch supply bottleneck and needing more time, Campbell said. The ITU’s deployment milestones similarly will likely come up at the 2023 World Radiocommunication Conference (WRC-23), said Audrey Allison, senior project leader, Aerospace Center for Space Policy and Strategy.
CommScope notified the FCC it’s suspending operations as a spectrum access system manager in the citizens broadband radio service band, effective April 1. “We will no longer be providing SAS services nor accepting CBSD [CBRS device] registrations,” said a notice posted Monday in docket 15-319: “In addition, CommScope will securely transfer all currently registered CBSDs to other Commission-approved SAS administrators by April 1.” The company will retain records not pertaining to federal incumbents for five years, the notice said. CommScope was one of the original SAS providers, along with Google and Federated Wireless. CTIA noted in a report last year that CommScope had effectively abandoned the market earlier in the year. “While Commscope remained silent about its reasons one can reasonably surmise it was due to a lack of expected demand,” the report said: “Companies do not often abandon profitable lines of business.”
FCC commissioners are expected to approve a robotexting order and Further NPRM, scheduled for a vote Thursday, though with a few tweaks addressing issues raised by CTIA and others, FCC and industry officials said. Commissioners OK'd a second wireless item, incorporating into agency rules four new and updated standards for equipment testing. That item, which was deleted from the agenda for the meeting, hasn’t been controversial.
The Competitive Carriers Association raised concerns with an aide to FCC Chairwoman Jessica Rosenworcel on draft robotexting rules teed up for a commissioner vote Thursday (see 2302230059). CCA members need more time than proposed implement a requirement to block text messages from numbers on a do not originate list, said a filing posted Friday in docket 21-402. “The current 30-day timeframe in the draft would not sufficiently permit carriers to work with vendors to implement solutions,” CCA said: “Additional time would also permit carriers adequate time to audit any voluntary solutions they may have in place and make any necessary modifications to better meet the Commission’s new requirements.”
The U.S. District Court for the District of Columbia dismissed a False Claims Act action brought by lawyers Mark O’Connor and Sara Leibman, who allege defendants fraudulently said Frequency Advantage was a “very small business” qualifying for “designated entity” status and a bidding discount in a 2015 spectrum auction. The case was brought against UScellular and Frequency Advantage, along with other defendants, including Advantage Spectrum, King Street Wireless and Telephone and Data Systems. The court earlier dismissed the case but granted plaintiffs “leave to amend their allegations to allow them to attempt to proffer different allegations or transactions from those already in the public domain,” the court said: “The Amended Complaint fails to do so. The ‘core allegation’ Plaintiffs-Relators identify in their Amended Complaint is the same as in their original Complaint, which the court already held did not overcome the public disclosure bar. They proffer the same FCC filings and other public information from their original Complaint.”
USTelecom representatives sought clarification on two aspects of the draft Stir/Shaken order, scheduled for a vote at the FCC commissioners’ March 16 meeting (see 2302230059), in calls with the Wireline Bureau and staff for the four commissioners. The draft “recognizes the role that contracts will play in intermediate providers’ compliance with the new signing requirement,” said a filing posted Thursday in docket 17-97: “Consistent with the Draft Order’s rejection of a strict liability standard, the Commission should make explicit that providers are deemed in compliance when they take such steps and have no reason to know, and do not know, that their upstream provider is sending unsigned traffic it originated.” The draft “properly limits mandated disclosures in Robocall Mitigation Plans to ‘formal actions or investigations … with findings of actual or suspected wrongdoing,’” USTelecom said. “To reduce uncertainty regarding the actions and investigations that trigger the requirement, the Commission should make clear that the formal actions and investigations also must be public,” the group said. David Frankel, CEO of conference call provider ZipDX, reported on a call with Wireline Bureau staff. “I did not ask for any new rules,” Frankel said: “Rather, I asked that the Commission take this opportunity to cite for the larger provider community how they might live up to their obligation to take ‘reasonable steps’ to prevent their networks from being used to facilitate illegal calling.”
Minnesota lawmakers weighed bills Tuesday to release more cash for broadband and create a tax exemption for fiber broadband. In Florida, electric cooperatives raised concerns a bill to apply pole attachment rules to co-ops would make it harder for them to bring broadband to hard-to-serve areas.
Section 25.112(a)(3) is squarely in the sights of the satellite industry and allies, with numerous calls for its elimination Monday in docket 22-411. Multiple commenters opposed dismissing applications that contain curable errors or omissions. The satellite licensing streamlining NPRM was adopted 4-0 in December (see 2212210054).