Democratic Commissioners Mignon Clyburn and Jessica Rosenworcel dissented Tuesday on an order creating a new Office of Economics and Analytics (OEA) within the FCC, which was approved 3-2 (see 1801230066). Commissioner Mike O’Rielly said the order was strengthened since it was circulated to ensure the office plays a major role in policy formation. Officials told reporters after the meeting the office likely would have under 100 staffers.
Federal Communications Commission (FCC)
What is the Federal Communications Commission (FCC)?
The Federal Communications Commission (FCC) is the U.S. federal government’s regulatory agency for the majority of telecommunications activity within the country. The FCC oversees radio, television, telephone, satellite, and cable communications, and its primary statutory goal is to expand U.S. citizens’ access to telecommunications services.
The Commission is funded by industry regulatory fees, and is organized into 7 bureaus:
- Consumer & Governmental Affairs
- Enforcement
- Media
- Space
- Wireless Telecommunications
- Wireline Competition
- Public Safety and Homeland Security
As an agency, the FCC receives its high-level directives from Congressional legislation and is empowered by that legislation to establish legal rules the industry must follow.
Latest News from the FCC
An appeals court won't hold oral argument on a Consolidated Communications challenge to an FCC order that denied SureWest Telephone a waiver from a federally mandated USF state certification deadline the company missed in 2012. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said in a brief order (in Pacer) Friday it will dispose of the petition based on briefs and other filings in Consolidated Communications v. FCC, No. 16-1431. The government argued the commission reasonably denied the request because SureWest confusion leading to a filing error wasn't a "special circumstance" (see 1705110036). Consolidated took over SureWest.
The federal government, not just the FCC, has been hit with a wave of fake comments in rulemaking proceedings, and the government needs to go after bad actors and find a way to make sure feedback is real, FCC Commissioner Jessica Rosenworcel said Monday at the State of the Net conference. Critics of the overturn of the 2015 net neutrality rules alleged many comments were fake (see 1712130051), but Rosenworcel said the problem goes much deeper. “There is a concerted effort to exploit our openness,” she said. “It deserves a concerted response.”
Most early commenters resisted FCC Lifeline proposals to retarget low-income USF subsidy support toward facilities-based broadband providers and away from resellers. Consumer groups and state regulators opposed the plan, NTCH was supportive, and a group against government waste urged the agency to pause for now. Some comments were filed last week in docket 11-42 on an NPRM and notice of inquiry, even though the FCC Tuesday extended the Jan. 24 deadline to Feb. 21 (see 1801230042). The proposals would eliminate subsidies for wireless resellers, cutting off about 70 percent of Lifeline participants, and move support from urban to rural areas, said Consumer Action, opposing capping program funding and requiring subscriber co-pays. A Pennsylvania collection of low-income individuals, service providers, organizations and consumer groups objected to the proposed facilities-based focus, said voice-only support shouldn't be phased out, and opposed proposals for a hard budget cap and lifetime limits. The LGBT Technology Partnership also opposed cutting off support to resellers. State regulatory commissions from Michigan, Missouri, Indiana and Minnesota expressed concerns about the proposed move to facilities-based support. New York City Council Member Peter Koo of Queens opposed FCC proposals that would scrap service to "75 percent of current participants," shift voice support to rural areas, cap Lifeline benefits and cap the program's funding. Backing the FCC proposals and asking that its previous petition for reconsideration be deemed granted, NTCH said that agency "forbearance" from applying a "facilities-based requirement" of the Communications Act "has led to massive fraud and abuse, a drain on the USF Treasury, and hoodwinking of consumers." Citizens Against Government Waste urged the FCC to wait and reconsider the proposal after it sees whether implementing a national verifier of consumer eligibility cuts down on abuse. Minnesota supported FCC proposals to restore full state ETC authority; Michigan backed removing federal broadband designations, with modifications for states lacking broadband regulatory authority; and Missouri said states need flexibility to make Lifeline program adjustments.
District of Columbia Attorney General Karl Racine will propose net neutrality legislation to the D.C. Council, an AG office official said Wednesday at a Council Government Operations Committee roundtable on a resolution condemning the FCC’s December decision to rescind Communications Act Title II protections. D.C. interim Chief Technology Officer Barney Krucoff and Public Service Commission Chairman Betty Ann Kane also supported the resolution, though Kane noted the PSC can’t regulate broadband internet access service (BIAS) providers or the internet.
House Commerce Committee ranking member Frank Pallone, D-N.J., and three other House Democrats asked DOJ and the FBI Wednesday to expand the lawmakers' previously requested investigation into the “potentially illegal” use of stolen and fake identities to comment in federal rulemaking proceedings, including to the FCC proceeding that resulted in the commission's December vote to rescind Communications Act 2015 net neutrality rules. Pallone originally sought the investigation in June (see 1706280043). “The practice of manipulating agency actions by flooding rulemaking dockets with fake comments is far more widespread than it appeared when you were initially asked to investigate,” the Democratic lawmakers said in a letter to Attorney General Jeff Sessions and FBI Director Christopher Wray. “Some Americans’ voices are being co-opted in what appears to be a systemic attempt to corrupt federal policy-making.” Immediate action “is needed in order to restore public trust in the federal rulemaking process,” the lawmakers said. Pallone and other House Commerce Democrats disclosed Tuesday GAO agreed to review fake comments in docket 17-708. The lawmakers sought that review in July (see 1707070039). The FCC didn't comment.
The FCC deserves praise for its response to 2017’s rush of storms but could improve its Disaster Information Reporting System, provide incentives or funding to strengthen communications infrastructure in remote areas, and establish a regional office in Puerto Rico, said commenters in docket 17-344 to a call for comments on communications resiliency and FCC handling of hurricanes Irma, Maria and Harvey.
Congress was on the path Monday toward ending a three-day government shutdown, which already had widely varying impacts on communications-policy agencies. Senators voted 81-18 at our deadline to pass a continuing resolution that would fund the federal government through Feb. 8, after a bipartisan group of negotiators worked out a deal to debate immigration legislation. The shutdown began at midnight Friday after Senate Democrats voted overwhelmingly against cloture on a slightly longer CR amid disagreements with Republican leaders on immigration and other issues (see 1801190055). The House was also set to vote on the shortened CR later Monday.
Commissioner Mike O’Rielly said Monday he was asked by Chairman Ajit Pai to help build support on Capitol Hill for addressing FCC auction authority. “I’ve pushed as hard as I possibly can and will continue,” O’Rielly said, saying he testified on the importance of a fix and discussed it in Hill meetings. Sometimes Congress needs an “incident” to happen before it's willing to move, he told reporters. He also said he's confident the FCC's net neutrality repeal won't be overturned by lawmakers or courts.
Telcos backed and critics opposed FCC proposals for further wireline deregulation the agency believes would encourage broadband deployment. Cable interests and others supported a proposal to codify existing FCC precedent promoting "overlashing" of pole attachments, while electric utilities said they must have advanced notice and oversight to ensure system reliability and safety. Comments were posted Wednesday and Thursday in docket 17-84 on a Further NPRM. The notice was combined with an order that streamlined rules for copper retirements and service discontinuances, and that took steps to facilitate pole attachments (see 1711160032).