Federal Communications Commission (FCC)

WILLIAMSBURG, Va. -- FCC Commissioner Mike O'Rielly said the U.S. is in a 5G race against rivals, some of which have government-run "industrial policy." The U.S. faces challenges from other nations "racing ahead" to try to take the lead in deploying next-generation networks and services that "will decide" wireless communications for the next 20-25 years, he said, responding to a question Saturday at the FCBA retreat where he appeared with Commissioner Brendan Carr.

WILLIAMSBURG, Va. -- The U.S. is worried about fallout from EU's General Data Protection Regulation taking effect May 25, said Trump administration officials at the FCBA retreat Saturday. "It will have a sweeping impact on many, many sectors of the U.S. economy," said NTIA Administrator David Redl. He voiced particular concern about possible disruption to parties needing access to the Whois database of online domain name ownership, which is used by law enforcement and others.

As the FCC Broadband Deployment Advisory Committee prepares to harmonize its working group reports, some members said the final act isn’t fully worked out. Local and utility members raised concerns about the state model code approved at Wednesday’s meeting with seven nays (see 1804250064). Some members in interviews cited collegiality and genuine efforts for consensus.

After confirmation Thursday of five FTC commissioners, several issues are worth watching early in their tenures concerning privacy, competition and personnel (see 1804260041), stakeholders said the next day. Topping issues, according to industry attorneys and former officials: a determination of potential 2011 consent decree violations by Facebook (see 1804050058), handling continued antitrust complaints against Google, and retention of acting Competition Bureau Director Bruce Hoffman and acting General Counsel Alden Abbott. “It’s an important and interesting time for the FTC because they’ve been shorthanded so long, so it’s really good to see a full complement of commissioners,” said Bloom Strategic Counsel founder Seth Bloom. “These next few months are going to be important to see what they’re up to and what they take up as their priorities.”

Utah Public Service Commission staff is pleased with early results of changing state USF to a connections-based contribution from the earlier revenue-based model, said PSC Telecom Manager Bill Duncan in an interview this week. The change to 36 cents per line took effect Jan. 1; PSC telecom staff released its first status report taking connections into account on April 19. CTIA opposes the change and its lawsuit created legal uncertainty for Utah's pioneering shift away from revenue-based contribution, the method used for federal and other state USFs (see 1804120046). Separately, industry supported an Idaho Public Utilities Commission staff finding that revamping state USF requires the state legislature to act.

The Senate Commerce Committee advanced FTC nominee Rebecca Slaughter Wednesday on a voice vote, setting up a potential final confirmation vote on her and President Donald Trump's four other nominees to the commission as soon as Thursday. The committee put forward the four other FTC nominees during a February markup, including antitrust lawyer Joseph Simons, whom Trump plans to designate chairman (see 1802280044). The other nominees are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; and Delta Air Lines' Christine Wilson (see 1801250055 and 1801250066).

Form letters and fraudulent filings submitted to the FCC during its the public comment process in the net neutrality rescission rulemaking (see 1708030054) “did not affect” the commission's “ability to review the record, respond to comments that raised significant issues, and make a reasoned judgment,” FCC Chairman Ajit Pai said in a letter to Rep. Mike Capuano, D-Mass., released Monday evening. Capuano raised concerns in December, before the 3-2 vote, about “widespread reports of fraudulent comments being submitted to the FCC” on the proceeding and said it was “simply not responsible to rush a vote” when “there is so much concern.” House Commerce Committee ranking member Frank Pallone, D-N.J., and other committee Democrats have asked the DOJ and the FBI to investigate the “potentially illegal” use of stolen and fake identities to comment in federal rulemaking proceedings, including to the FCC proceeding that resulted in the vote to rescind Communications Act Title II net neutrality rules from 2015. GAO also agreed to review the fake comments issue (see 1706280043 and 1801240024). Any “reasonable review” of the rescission order would demonstrate the FCC “painstakingly engaged with the voluminous public record in this proceeding … in reaching its conclusions,” Pai said. “To the extent you are concerned with non-substantive comments submitted under multiple different names that stated simply that the commenter supported or was opposed to the Title II classification without substantive explanation, as you can see in the Order, the agency did not rely on or cite any such comments.” The commission doesn't “attribute greater weight to comments based on the submitter's identity,” which is why the FCC “has never burdened commenters with providing identity verification or expended the massive amount of resources necessary to verify commenters' identities,” Pai said. Rather “than dwell on how well automated or form submission reflect actual popular support, the Commission has instead focused on encouraging robust participation in its proceedings and ensuring it has considered how the substance of submitted comments bear on the legal and public policy consequences of its actions."

Puerto Rico may risk additional USF funding for rebuilding communications infrastructure if the territory keeps diverting 911 fee revenue to unrelated purposes, FCC Commissioner Mike O’Rielly said in a Tuesday letter to Gov. Ricardo Rosselló Nevares (New Progressive Party). The FCC is weighing sending more support to the hurricane-slammed territory (see 1804230065). “As a steward of such ratepayer collected funding, I would find it difficult to support such a move without strong assurances that Puerto Rico is prepared to put an end to fee diversion practices once and for all," O'Rielly said. "Without this guarantee, the Commission is putting precious USF support at risk for being wasted or diverted.” Puerto Rico, which prepared but failed to send information on time to the FCC about 2016 diversion due to “clerical error,” diverted $243,100 of the 911 revenue, Rosselló said in a March 7 letter to O’Rielly. Diversion was legal under Article 19 of Act No. 66-2014, which required all savings in areas including 911 fees must be transferred to the Workforce and Economic Development Promotion Fund under Puerto Rico Trade and Export Co., Rosselló said. To prevent future failures to file with the FCC, the Puerto Rico 911 Office will create a compliance guide for all state and federal request forms, he said. O’Rielly appreciates Puerto Rico eventually filing the information but said it’s “extremely disturbing” the territory diverted. “Of all places, I do not think I need to remind you how important 9-1-1 services can be during critical times,” O’Rielly wrote. “If a surplus of 9-1-1 fees is amassed and revenue is not needed for these purposes, fees should not be collected from the consumer, especially given the devastation and personal losses your residents have endured over the last year.” O’Rielly asked Rosselló for “any concrete plans” to end the fund movement: If it's required by law, “are you prepared to help take steps to amend this act to ensure that all savings should be returned to the ratepayer or invested in network upgrades rather than diverted to a separate fund?” O’Rielly asked if Rosselló alternatively has authority to bypass the law’s diverting requirements. Hurricanes Irma and Maria last year tested Puerto Rico 911 systems and showed need for upgrades (see 1801030008).

Don’t cite state law to justify New York diversion of 911 fees for things not directly related to 911, an aide to FCC Commissioner Mike O’Rielly said Monday. O’Rielly and Rep. Chris Collins (R) condemned New York diversion Friday while visiting the Niagara County Emergency Management Office public safety answering point in Buffalo. A New York department said it uses fee revenue for first responder communications and state tax law prevents the state from using the money differently. But Niagara County Sheriff James Voutour said the policy keeps 911 funding from counties responsible for handling many emergency calls.

The FCC had a more difficult time in court Friday than some expected (see 1804190056) in defending its change of the UHF discount so that stations in that part of the TV band could have twice the concentrated ownership as those lower down the dial. Every member of a three-judge panel took issue with the FCC’s lack of justification for restoring the UHF discount.