Federal Communications Commission (FCC)

The FCC should react to the recent false missile alert in Hawaii by developing best practices for the emergency alert system, studying improvements to the system and committing “right now” to having changes in place before summer, said FCC Commissioner Jessica Rosenworcel Thursday at an NAB event on how broadcasters can prepare for emergencies (see 1801160054). “We need to look at everything from state training and practices to improved user interfaces for public safety that can reduce the likelihood of error.” Broadcasters told us preparation and funds are important to staying on-air (see 1712220028).

State attorneys general and others challenged the FCC net neutrality regulatory repeal in different federal appellate courts Tuesday, to preserve their venue rights due to lingering uncertainty about the judicial timetable despite the regulator's clarification. Twenty-two state AGs (including from the District of Columbia), Public Knowledge, Mozilla and New America's Open Technology Institute (OTI) said they filed separate petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Free Press filed in the 1st Circuit, where the group said it's headquartered. State net neutrality legislation is moving forward, while more U.S. senators signed onto a Congressional Review Act resolution to undo the FCC's rescission of the rules.

New York protested Charter Communications repeating arguments that the FCC December net neutrality order supports the cable company’s defense against the state’s broadband speed transparency lawsuit. Last week at the New York Supreme Court in case 450318-2017E, Charter said the FCC decision supported its case that federal law pre-empts state attorney general allegations that its acquired Time Warner Cable deceived customers about broadband speeds (see 1801090053). “This is the third time Defendants have attempted to supplement their briefing post-submission,” the attorney general's office said. Charter's words gave “a selective and misleading reading of the FCC’s Restoring Internet Freedom [RIF] Order and repeatedly mischaracterize” allegations, the state AG said. “This litigation does not conflict with any federal methodology, but is simply an exercise of traditional state police power that holds Defendants accountable for failing to achieve the standards for internet performance that they promised to New Yorkers through their pervasive marketing campaigns.” The company also argued last week that the RIF order supported its 8th U.S. Circuit Court of Appeals case that the Minnesota Public Utilities Commission can’t regulate interconnected VoIP (see 1801110022).

A California Senate committee supported net neutrality legislation in a 7-2 vote that split on partisan lines at the first major state hearing for such a bill. The net neutrality bill (SB-460) by California Senate President Kevin De León (D) would require providers to follow net neutrality rules like those rescinded last month by the FCC. Industry said providers aren't doing anything wrong and warned that SB-460 would take years to implement and likely will be challenged.

LAS VEGAS -- Relations among FCC members remain the same as they were before the highly charged net neutrality debate resulting in last month’s vote overturning the 2015 net neutrality rules, Commissioner Mignon Clyburn told us at CES Tuesday. Clyburn joined Commissioners Mike O’Rielly and Brendan Carr on a CES panel Tuesday, amid tight security. Meanwhile, preoccupying CES Wednesday was a blackout that struck the Las Vegas Convention Center's Central Hall and kept that portion of the show in total darkness for several hours. Later in the day the blackout was blamed on the torrential rains that poured down on Las Vegas Tuesday.

The Supreme Court should strike down the FCC's 2015 net neutrality order, said internet entrepreneur Daniel Berninger, who continues to pursue an appeal despite the current commission's rollback of the telecom regulation in that order. Without high court intervention, FCC authority over the internet won't be constrained by Congress or the Constitution, with its chairman effectively "a king," Berninger said at a Hudson Institute event Monday. Most legal experts we have heard from said they doubt justices will grant Berninger's cert petition seeking review of lower court rulings upholding the order (in Berninger v. FCC, 17-498, here), given the recent FCC net neutrality reversal (see 1712140039 and 1801050031). Some say he has a chance.

The FCC's net neutrality deregulation ruling and orders closely track expectations, while clarifying the agency's view on the timetable for looming court challenges, according to our initial review of the 539-page item released Thursday evening (see 1801040059). The final "internet freedom" declaratory ruling, report and order, and order text appears mostly the same as a draft (see 1711220026). Several changes -- on transparency decisions and the item's effective date -- were announced when commissioners voted 3-2 along party lines Dec. 14 to scrap Communications Act Title II broadband classification and net neutrality rules (see 1712140039). Tech heavyweights said they will join the inevitable court challenge to the regulations.

When major hurricanes disrupted 911 communications in Texas, Florida, Puerto Rico and the U.S. Virgin Islands last summer, systems held up in many places and backup procedures were effective, said 911 and government officials in interviews. But next-generation 911, more resilient buildings and other enhancements could save lives in future disasters, they said.

Most commenters urged the FCC to move with care on complete nationwide number portability (NPP) rules, and not impose new rules that would require carriers to invest in legacy systems while the transition to IP-based networks is in progress. In October, commissioners approved an NPRM and notice of inquiry on NPP. Commissioner Mike O’Rielly said then that he had concerns about the expense and the FCC should do a cost-benefit analysis before taking any further action.

Windstream sought regulatory OKs for an acquisition of Mass Communications in applications filed Tuesday at the FCC and some states. MassComm provides business communications services and is authorized to provide CLEC or interexchange service in California, Connecticut, the District of Columbia, Florida, Illinois, Massachusetts, Michigan, New York, Pennsylvania and Texas, said the companies' FCC application. The combination means more business telecom services for MassComm customers and will provide efficiencies and economies of scale, said the companies’ application at the D.C. Public Service Commission. The deal is expected to close Q2 2018, subject to necessary federal and state regulatory OKs, a Windstream spokesman said.