Federal Communications Commission (FCC)

Commissioners approved 5-0 an NPRM on spectrum above 95 GHz for new services and technologies, opening a “spectrum horizons” proceeding. Industry has shown little interest (see 1802200058), but Chairman Ajit Pai said Thursday the FCC shouldn’t be deterred. After the meeting, commissioners clashed over the lack of scheduled auctions for any bands.

The FCC's net neutrality repeal will be published in Thursday's Federal Register, triggering timelines for challenges. The "internet freedom" declaratory ruling and orders will take effect when the FCC publishes a new document in the FR, contingent on Office of Management and Budget approval of modified information collection requirements, said the FR. A few nominal parts take effect April 23, but no substantive decisions do until after OMB approval under the Paperwork Reduction Act, said a commission spokesman. That process is expected to take months. After Thursday, litigants will have 10 days (possibly until March 5 because March 4 is a Sunday) to file petitions for review if they want to be included in a court lottery to determine the venue for consolidating challenges expected to be filed in different circuits. The FCC made a conforming change under FR rules and a correction, in an erratum in docket 17-108 in Wednesday's Daily Digest. The Computer & Communications Industry Association will seek to intervene in the case against the repeal. CCIA said Wednesday FCC reversal “would give a couple of big internet service providers too much power over any US business or consumers that rely on internet access.” Industry lobbyists said they're watching closely for clues on timing of expected filing of Congressional Review Act resolutions of disapproval in the House and Senate aimed at undoing FCC rescission of the 2015 rules. Sen. Ed Markey, D-Mass., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are leading the CRA effort (see 1712110050 and 1712120037). It was unclear if they will file their resolutions Thursday or wait until Congress returns next week from its weeklong recess. Their offices didn’t comment. Meanwhile, the man who threatened Rep. John Katko, R-N.Y., in October over his stance on net neutrality has pleaded guilty. Syracuse, New York, resident Patrick Angelo, 28, pleaded guilty to a count of interstate communication of a threat for leaving a threatening voicemail at Katko’s Capitol Hill office, federal prosecutors said Tuesday. He's eligible to be sentenced to up to five years in prison.

The FCC tentatively approved the first environmental sensing capability (ESC) operators for the 3.5 GHz citizens broadband radio service band, moving launch of the CBRS sharing band another step closer to reality. The ESC operators allow sharing in coastal areas, protecting Navy radars. The four are: CommScope, Federated Wireless, Google and Key Bridge Wireless. All must now submit their systems for testing before final certification, the FCC said. “The ESC operators will manage a sensor system designed to detect the presence of federal incumbent radar transmissions in the 3550-3650 MHz portion of the 3.5 GHz Band and communicate that information to one or more Spectrum Access Systems (SAS) in accordance with the Commission’s rules,” said the notice by the Office of Engineering and Technology and the Wireless Bureau. “The ESC will enable more dynamic sharing between federal and non-federal users in the band, particularly in coastal areas.” Commissioner Mike O’Rielly last week said approval of the operators was imminent (see 1802130041). “Today’s important step gets us closer to permitting 3.5 GHz use in coastal areas where a huge population of Americans live and attracting necessary investment for equipment manufacturing and network deployment," O’Rielly said Wednesday. Ruckus Networks Wednesday announced release of 3.5 GHz LTE access points and associated cloud-based subscription services. The 3.5 GHz market is likely to be huge, Ruckus said. “The Ruckus LTE portfolio enables enterprises to deploy private LTE networks to ensure high quality-of-service (QoS) for critical business applications,” said a news release.

Carriers sat out buildup to the FCC NPRM on spectrum above 95 GHz, the spectrum horizons proceeding, teed up by FCC Chairman Ajit Pai for a vote at Thursday’s commissioners’ meeting. The NPRM appears headed to a 5-0 vote, agency and industry officials said Tuesday. The outlook is less clear on a second mostly wireless item -- rules implementing Section 7 of the Communications Act, which require the FCC to respond to petitions or applications proposing new technologies and services within a year, the officials said. The agency didn't comment.

Arizona lawmakers are moving a bill to ban state regulation of VoIP and IP-enabled services, after the Vermont Public Utilities Commission decided fixed VoIP is a telecom service under federal law and while the 8th U.S. Circuit Court of Appeals weighs Charter Communications’ challenge of the Minnesota PUC claiming authority. States continue to address VoIP authority in absence of a definitive FCC ruling on whether fixed interconnected VoIP is a telecom service that states may regulate or an information service that states may not regulate.

FCC Commissioner Mignon Clyburn said USF contributions should assess broadband because subsidies target broadband and the current long-distance voice revenue base is unsustainable. The current approach is much like a game of Jenga, she said at NARUC Wednesday, tracking written remarks: "We keep removing pieces from the base, and keep adding more to the top. Eventually, that tower will come tumbling down." She hopes a federal-state joint board will propose changes, but if not, it could invite new, outside experts to analyze the situation and provide fresh ideas.

Senate Commerce Committee Chairman John Thune, R-S.D., opened the committee's Wednesday FTC confirmation hearing quipping the agency's nickname is the “Federal Technology Commission,” and much of the hearing focused on tech and telecom policy under the commission's purview. Some nominees voluntarily highlighted changes in technology as a major challenge for the agency and lawmakers sought answers on related topics, including net neutrality, data breaches and market power in the tech sector, as expected (see 1802130046). President Donald Trump nominated antitrust lawyer Joseph Simons, whom he plans to designate chairman; former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; and from Delta Air Lines Christine Wilson (see 1801250055 and 1801250066).

A modified Lifeline draft NARUC resolution urging the FCC to continue allowing resellers to receive low-income USF subsidies cleared the telecom committee unanimously Tuesday. The panel added recommendations from a rival draft backing FCC proposals to eliminate stand-alone Lifeline broadband provider designations and reinstate state regulatory authority over eligible telecom carrier (ETC) designations. It also added language to support firming up a $2.25 billion FCC annual Lifeline budget, and it OK'd a nationwide number portability (NNP) draft resolution, but withdrew a draft pole-attachment overlashing draft. The cleared drafts are expected to be approved by NARUC's board Wednesday.

President Donald Trump’s infrastructure legislative proposal included its expected focus on streamlining the federal environmental permitting process, including for small-cells deployments, along with state block grants and federal matching funds (see 1801220035, 1802090050 and 1802110001). Communications sector officials and lobbyists bemoaned lack of a dedicated broadband funding allocation in the proposal, released Monday. They told us they are in the beginning phase of negotiations with the White House and Capitol Hill. The White House also released its FY 2019 budget plan, which seeks to zero out public broadcaster federal funding. The FCC's budget would also fall (see 1802120037).

With a federal appellate court last year shooting down a petition seeking a review of the FCC 2015 order finding the cable industry is effectively competitive, a petition for reconsideration before the agency was dismissed, the Media Bureau said in a docket 15-53 order Monday. The U.S. Court of Appeals for the D.C. Circuit in July denied the NAB, NATOA and the Northern Dakota County Cable Communications Commission petition for reconsideration (see 1707070013). That makes the FCC petition moot, the bureau said.