Federal Communications Commission (FCC)

Debate over the FCC's impending vote to rescind 2015 net neutrality rules returned to Capitol Hill Wednesday. FCC Chairman Ajit Pai briefed the Senate Republican Caucus on the details of his draft order. Supporters of the 2015 rules -- Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif. -- joined former FCC Chairman Tom Wheeler and former General Counsel Jonathan Sallet on a conference call with reporters to criticize Pai's plan. Lawmakers' interest ramped up ahead of commissioners' planned Dec. 14 vote, with Commissioner Jessica Rosenworcel and other Democrats calling for delay (see 1712040046 and 1712050057).

An FCC draft order to undo Title II net neutrality appears legally strong, said some attorneys on a Phoenix Center panel, but another questioned aspects. Chairman Ajit Pai's draft to restore a less-regulatory Communications Act Title I broadband framework has precedent, deference and investment arguments in its favor, said Tom Navin, a Wiley Rein attorney and ex-Wireline Bureau chief. At around the same time Tuesday, a pro-Title II panel was held (see 1712050057).

House Communications Subcommittee ranking member Mike Doyle,​ D-Pa., told a New America conference FCC Chairman Ajit Pai’s net neutrality proposal won’t just roll back rules to before the 2015 regulations, it will mean “turning the clock back to zero.” Pai is wrong that getting rid of the rules will mean “business as usual” for the internet, Doyle said. At around the same time Tuesday, an anti-Title II panel was held (see 1712050035). Pai made the opposite point to Doyle in a speech to an International Institute of Communications meeting in Washington.

The Communications Security, Reliability and Interoperability Council meets Dec. 12, 1-5 p.m., in the FCC commission meeting room, says Tuesday's Federal Register.

Rep. Anna Eshoo, D-Calif., spoke on the House floor Friday to urge her colleagues to oppose the FCC's draft order to rescind its 2015 net neutrality rules. Meanwhile, House Communications Subcommittee ranking member Mike Doyle, D-Pa., was seeking fellow House members' signatures on a draft letter he intends to send to FCC Chairman Ajit Pai urging him to delay consideration of the draft order, which the commission is to vote on at its Dec. 14 meeting (see 1711210020 and 1711220026). Congressional Democrats have strongly opposed the proposal since its late November release, cementing expectations that Capitol Hill won't be able to reach a legislative compromise on net neutrality during this Congress (see 1711210041 and 1711270054). “The internet belongs to all of us, not just the big ISPs,” Eshoo said Friday. She warned that the draft order “removes the FCC as the cop on the beat” on net neutrality, meaning there would be “nothing to stop” ISPs from “slowing or blocking a website or charging consumers more to access certain content.” The existing net neutrality rules “have been upheld in Federal Court and public opinion polls show strong support from all sides of the political spectrum,” Doyle said in a letter seeking colleagues' signatures on his pending Pai missive. “During the FCC’s public comment process to repeal the Open Internet Order, the Commission received more than 22 million comments that overwhelmingly called for the Commission to leave the current rules in place.”

Legal challenges to an FCC draft "internet freedom" order face a daunting task, said supporters of Chairman Ajit Pai's proposals, and one analyst agreed, but some net neutrality advocates are more hopeful of a challenge's prospects. Pai last week circulated a draft to undo Title II broadband classification and net neutrality regulation under the Communications Act, and is planning a Dec. 14 vote; fellow Republican commissioners are supportive, minority Democrats opposed (see 1711220026 and 1711210020).

Congressional Democrats expressed anger at FCC Chairman Ajit Pai’s plan to lift net neutrality rules (see 1711210020), as some Republicans and industry groups sought congressional action. The Commerce committees' Republicans sought a legislative solution, while praising Pai’s light-handed approach. ISPs and free-market groups endorsed the plan as helpful for consumers, and tech groups predicted harmful impacts. State and local officials told us of concerns about likely pre-emption of state and local broadband regulation (see 1711200054) setting off alarms in several mostly blue states.

FCC commissioners voted 3-2 to approve a Lifeline item to begin to revamp again the low-income subsidy program, going in a different direction than a 2016 overhaul. Chairman Ajit Pai and Republican colleagues said the combined orders and notices would crack down on program abuse and better target funding to those consumers and areas that really need it, while promoting facilities-based deployment. Dissenting Democrats said the actions and proposals would effectively gut the program and widen the digital divide. Congressional Democrats also hammered the moves.

Citing AT&T and Verizon's acknowledgement implementation of device-based geotargeting of wireless emergency alerts could be faster, the National Weather Service, Department of Homeland Security and Federal Emergency Management Agency are pushing for that sped-up time frame. The agencies in an FCC docket 15-91 filing posted Wednesday said talks with state and local public safety agencies indicated a wide belief such geotargeting can be achieved in less than the 42-month minimum implementation recommended by the wireless operators. The companies in September said that in meetings with agency staff, they backed the recommendations of a Communications Security, Reliability and Interoperability Council working group that a minimum 42-month timetable is needed for implementation, but said an expedited process is doable. Verizon said that expedited process would first require working group consensus on an appropriate accuracy threshold and if there were sufficient willingness to incorporate geo-fencing capabilities by device manufacturers and operating system providers. AT&T said the coordinate data being sent in the same WEA message would help in expediting implementation. Representatives of CTIA and members are complaining about a recent order upholding a Nov. 1 deadline for the nation’s five largest carriers to be able to provide “clickable” embedded references in WEAs (see 1711020054). The representatives met with Public Safety Bureau Chief Lisa Fowlkes, an aide to Chairman Ajit Pai and a staffer from the Office of General Counsel. AT&T, Verizon, Sprint, T-Mobile and U.S. Cellular had reps there. “The net effect of the Commission’s new interpretation will cause many mobile devices capable of receiving WEA messages to alternate between being considered ‘WEA capable’ depending on the deadline of the Commission’s required WEA enhancements, a device’s ability to be updated through software, and whether consumers choose to exercise the software update,” CTIA said in a document in docket 15-91. “The Commission’s new interpretation risks extensive consumer and public safety community confusion, and unnecessarily complicates … providers’ efforts to inform consumers about WEA capable devices in a nearly continuous fashion.” Carriers “have limited visibility into whether mobile devices are or could be ‘WEA capable’ under this interpretation,” the association said.

FCC Commissioner Mignon Clyburn decried an "assault on pro-consumer policies" by the majority, which she said "will continue down its destructive path" at Thursday's monthly meeting. “They will make it more difficult for low-income Americans to access affordable communications services" and "will shred consumer and competition protections," she said Wednesday, referring to Lifeline and wireline broadband deployment items. She also slammed expected FCC actions on a new broadcast TV standard and allowing "massive media consolidation" (see 1711150054).