Federal Communications Commission (FCC)

Groups asked the FCC to extend comment deadlines to Sept. 27 in two proceedings, on fixed broadband competition and advanced telecom capability (ATC) deployment under Telecom Act Section 706, currently due Friday and Sept. 10, respectively (see 1807300019 and 1808100040). Granting an extension, including of the ATC Sept. 24 reply deadline to Oct. 27, "is warranted in light of the importance and complexity of the proceeding(s), the brief time allotted by the Commission in the initial notices, and conflict with the major Jewish Holidays of Rosh Hashanah and Sukkot," said the motion posted Thursday in dockets 18-231 and 18-238 of Public Knowledge, Incompas, Common Cause, The Greenlining Institute, Communications Workers of America, Benton Foundation, Electronic Frontier Foundation, Texaltel, Federation of ISPs of America and Northwest Telecommunications Association. The agency plans to issue its next 706 report as part of a communications market report required in Q4 under the Ray Baum Act. The FCC declined comment

The Broadband Deployment Advisory Committee could be hard pressed to wrap up a report on infrastructure and disasters by the beginning of March when its two-year charter expires, industry officials said. The FCC is soliciting members of a new BDAC working group, with nominations due Sept. 6. If the group starts meeting in October, it would have to turn around a report in five months, which would be unusually fast for a report by a Federal Advisory Committee Act committee.

Republican senators distanced themselves from far-right conspiracy theorist Alex Jones, who's the subject of widespread social media censorship and an FCC lawsuit (see 1808100025) and 1808150047). Some lawmakers said Thursday they don’t pay any attention to the InfoWars creator or were unfamiliar with his work.

More than 100 small radio broadcasters want the FCC to create a new C4 class of full-power FM stations, which NAB and some larger groups oppose. C4 will "increase congestion on the already crowded FM band and escalate the risk of interference to other FM services, especially FM translators,” NAB commented in docket 18-184 in response to a notice of inquiry. “There is no chance of increased interference as a result of the proposal,” said SSR Communications, the petitioner behind the C4 proposal. The plan would consume only “previously-unused, available bandwidth,” SSR said.

Federal judges blocked, for now, FCC restrictions on enhanced tribal Lifeline subsidies that bar resellers and residents of non-rural areas from the extra low-income USF support. The commission's 2017 order "will be stayed pending further [court action] insofar as the Order purports to limit eligibility for the Tribal Lifeline enhanced subsidy to 'facilities-based' service providers, and to limit eligibility for that program to 'rural areas,'" said the Friday ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC, No. 18-1026, and a consolidated case. They said petitioners showed a "likelihood of success on the merits" of their challenges, and that they'll suffer "irreparable injury absent a stay." Some said the decision further complicated an FCC proposal to ban resellers from Lifeline support in general.

The FCC tweaked details but is moving ahead with one-touch, make-ready (OTMR) and other pole-attachment policies in an order and declaratory ruling aimed at streamlining processes and speeding broadband deployment. Although edits addressed some of the many concerns electric-utility pole owners and communications industry attachers had about a draft item, they didn't fundamentally change the agency's direction, according to stakeholders and our basic review of the 120-page final text in docket 17-84 issued Aug. 3. It was adopted the previous day, with Commissioner Jessica Rosenworcel partially dissenting (see 1808020034).

California state legislators revealed amended net neutrality bills reflecting a deal among Democratic lawmakers (see 1807310038). Sponsor state Sens. Scott Wiener and Kevin de Leon said amendments restored provisions controversially removed in an Assembly committee. Supporters and opposition Wednesday seemed to hold positions they had on the original Senate-passed measure, though ISPs complained about not seeing the revised language sooner. Washington state saw no problems or lawsuits since it became first to enact comprehensive net neutrality rules, said state Rep. Drew Hansen (D) in an interview this week.

Related to FCC changes announced at commissioners' meeting Thursday and according to various officials: NCTA hires Amy Bender, departing wireline legal adviser to Commissioner Mike O’Rielly, as vice president-legislative counsel, Government Relations department; Facebook hires Deputy Media Bureau Chief Mary Beth Murphy; Betsy McIntyre, deputy chief of Wireless Bureau Competition and Infrastructure Policy Division, named acting wireline adviser to Commissioner Jessica Rosenworcel during Travis Litman's paternity leave; Wireline Bureau Deputy Chief Madeleine Findley departing and is relocating; office of Commissioner Brendan Carr adds from Consumer and Governmental Affairs Bureau Dana Howell as staff assistant; Office of Engineering and Technology Physical Scientist Ed Mantiply retiring.

The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."

CTIA said the FCC is right to move forward on a ban on state and local moratoriums on new wireless facilities, part of a larger infrastructure item set to get a vote at Thursday’s commissioners’ meeting (see 1807130045 and 1807300040). CTIA said in a Friday filing in docket 17-79 that it spoke with aides to Commissioners Mike O’Rielly, Brendan Carr and Jessica Rosenworcel about the moratoriums and other infrastructure issues. “CTIA therefore applauded the Commission for its proposal to adopt a Declaratory Ruling to clarify that moratoria -- whether express or de facto, interim or not -- are barriers to wireless deployment and prohibited under the Communications Act,” the group said. “There is no more absolute prohibition on deployment than refusing to accept or act on applications. A local law that bars acceptance of applications and a local agency’s refusal to act on them have precisely the same impact -- no deployment is permitted -- and they are thus per se unlawful.” NATOA opposed the moratoriums. “We object to this ill-defined attempt to bend federal law to accommodate industry desires while ignoring the impact on communities across the country and doing nothing to address the digital divide,” the group said.