Federal Communications Commission (FCC)

FCC Republicans Ajit Pai, Mike O’Rielly and Brendan Carr have voted together the vast majority of the time. Carr partially dissented once and has been mostly in step with Pai since he became a member a year ago. O’Rielly, a commissioner throughout Pai's chairmanship, has disagreed more, based on our review. O’Rielly has had partial dissents 12 times and a full dissent once.

PHILADELPHIA -- NATOA is mobilizing members for an autumn battle expected at the FCC over wireless infrastructure deployment in the right of way, while the Wireless Infrastructure Association is hearing from local government concerns about small cells, said the groups’ officials in interviews this week. Local representatives asked hard questions of industry officials -- and tensions sometimes flared -- at NATOA’s annual conference (see 1808290044 and 1808280032). “Not always an easy conversation, but it is an appropriate conversation,” said WIA Director-Government Affairs Zac Champ.

Telecom industry interests are supporting the FCC's proposal for extending the current jurisdictional separations freeze and allowing RLECs that chose to lock in their category relationships in 2001 a chance to opt out, in docket 80-286 comments. Commissioners unanimously approved the Further NPRM in July (see 1807180059). Monday was the comment deadline, with replies and state public utility commission initial comments due Sept. 10 (see 1808200025).

The FCC, Federal Emergency Management Agency, and Hawaii broadcasters and carriers were gearing up Thursday for landfall of Category 4 Hurricane Lane, we found. Though the storm isn’t expected to cause the same level of damage as Maria and Irma did last year to the U.S. Virgin Islands and Puerto Rico, broadcasters and emergency alert officials are making extensive preparations, said Hawaii Association of Broadcasters President Chris Leonard in an interview. “We don’t take any of these things lightly.” Lane "will bring life threatening conditions across Hawaii through Saturday with damaging winds, dangerous surf, coastal storm surge and INTENSE FLOODING RAINS,” tweeted the National Weather Service.

New Mexico is the third state to decide carriers should contribute by connection count to state USF rather than by percentage of revenue, following Utah and Nebraska. The Public Regulation Commission voted 4-0 at their livestreamed Wednesday meeting to switch to a $1.17-per-connection monthly surcharge Oct. 1, and 4-0 to open a docket to revise the amount for 2019. Commissioners rejected exceptions suggested by CTIA and others. As Oklahoma also weighs state USF changes, big carriers warned the state commission not to regulate broadband or re-regulate competitive services.

“Under no circumstances” should state 911 fee revenue be diverted for purposes unrelated to 911, FCC Chairman Ajit Pai and Commissioner Mike O’Rielly wrote Tuesday to Illinois Gov. Bruce Rauner (R). O’Rielly has mailed several states to condemn 911 fund skimming, but Tuesday’s letter appears to be the first to also carry Pai’s signature. Illinois diverted for several years but appeared to stop after 2015, they noted. “We urge you to continue the practice of 2016 and 2017 and devote these critical funds solely to the purpose for which they were intended: maintaining and improving public safety communications systems for the benefit of the people of Illinois.” Illinois Statewide 911 Administrator Cindy Barbera-Brelle told the commission the state won’t divert in the future so it may be eligible for next-generation 911 federal grants, the commissioners said. One Illinois county’s 911 director told them “upgrades have been put off and loans have been taken out to supplement the shortfall associated with past state diversion practices,” they said. National momentum to end 911 fee diversion appears to be growing, with Congress weighing a bill to discourage the practice (see 1808170023).

State and local governments and a broad coalition of pro-net neutrality groups and companies said the U.S. Court of Appeals for the D.C. Circuit should overturn the FCC's "internet freedom" order, approved 3-2 last year, which itself overrode net neutrality rules approved just two years earlier. In the opening volley of a major test of Chairman Ajit Pai’s commission decisions, government petitioners said (in Pacer) the D.C. Circuit should find the FCC had no authority to pre-empt state and local police powers and reject the FCC order as an “arbitrary and capricious” departure from 15 years of FCC policy.

ASPEN, Colo. -- Rollout of next-generation wireless may take longer than some appreciate and customers may not immediately see the need to pay much more for it, some experts said. All on a Technology Policy Institute panel Tuesday agreed 5G will be used for things requiring low latency and high capacity and/or high speeds like telehealth and virtual reality, which some don’t see it as very profitable. They see progress narrowing the digital divide since the TPI panel on that subject a year ago (see 1708220036). Speakers mainly agreed smaller spectrum blocks can help such efforts when carriers expand rural broadband, answering a question from audience member ex-FCC Commissioner Mignon Clyburn.

The FCC solicited further comment from state public utility commissions on two NPRMs that proposed (1) a 15-year extension in a jurisdictional separations freeze and (2) incentive-based regulation of business data services (BDS) offered by model-based, rate-of-return rural telcos. "In order that the Commission's decision in this proceeding be guided by the fullest possible record, we are providing each State commission with additional notice" regarding each rulemaking, said two Wireline Bureau letters (here, here) posted Monday in dockets 80-286 (on separations), and 17-144 (on rural BDS). The initial comment deadline on separations is Aug. 27, but state commissions were given until Sept. 10, the same day as the reply date. They also were given until Sept. 10 to weigh in on the rural BDS rulemaking even though that comment cycle already closed. The rural BDS NPRM includes proposed changes to separations category relationships for carriers that had opted to freeze those relationships, noted the bureau. Its letters cited a Communications Act Section 220(i) mandate. "I do not recall an FCC order making 220(i) inquiries related to anything but the Part 32 Uniform Systems of Accounts," said Colorado Public Utilities Commissioner Wendy Moser, a member of a federal-state joint board on separations, in a statement. "But I agree that 220(i) applies to Part 36 [separations] changes also and am pleased by the FCC’s recognition of the requirements of the statute. However, I remain concerned that the agency may be planning to ignore the specific mandate in 47 USC Section 410, which requires as a pre-requisite to the changes referenced in both letters, a referral to the Separations Joint Board."

Horizon Hobby agreed to pay a $35,000 fine and implement a compliance plan to end an FCC Enforcement Bureau investigation of whether it sold audio/video transmitters for use with drones that weren't compliant with rules. “Horizon Hobby admits that it marketed AV transmitters that did not comply with the Commission’s equipment marketing rules,” said a consent decree released Thursday. RF devices must “comply with the Commission’s technical requirements and do not interfere with authorized communications,” the bureau said. “Because the noncompliant AV transmitters could operate in bands that are reserved for important operations, including Federal Aviation Administration Terminal Doppler Weather Radar, they must not be marketed or operated by anyone. Moreover, entities that rely on amateur frequencies in operating compliant AV transmitters must have an amateur license and otherwise comply with all applicable laws.” Horizon Hobby operates several websites that advertise and sell fully assembled drones, parts and accessories to hobbyists, including for use in drone racing, the bureau said: the company stopped selling the noncompliant transmitters after receiving a letter of inquiry in December. It didn’t comment.