States with dwindling intrastate USF revenue aren't waiting for the FCC to decide how to revamp federal contribution. The Nebraska Public Service Commission this week became the second state regulator to adopt connections-based contribution to replace a revenue-based model. A representative for small rural companies applauded and said it’s time for the FCC to act. The Utah PSC previously adopted a connections mechanism that will take effect Jan. 1 (see 1710240042). The New Mexico Public Regulation Commission may soon hold stakeholder discussions about moving to connections.
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
Puerto Rico ISP Open Mobile says hurricane-disrupted service could be fully restored to its 250,000 customers across the island by year's end, as long as electricity is similarly restored. "Nothing could prepare us for what happened," said OM Advertising Manager Ricardo Hernandez. He called Hurricane Irma, which preceded Maria, "like a dress rehearsal" that had OM working on restoring towers.
The FCC Office of Engineering and Technology's looking for input on the Technological Advisory Council’s hunt for technical regulations in need of modification (see 1708310035) got suggestions on new filing requirements for internal reorganizations and reforming rules on marketing and operation of RF devices before authorization. Monday was the deadline for docket 17-215 comments.
Two NARUC draft telecom resolutions disagree on whether Lifeline should support reseller services. Tuesday, NARUC revealed three draft telecom resolutions on Lifeline and E-911 for its annual meeting Nov. 12-15 in Baltimore. One by Nebraska Public Service Commissioner Crystal Rhoades would urge the FCC to keep providing Lifeline funds to non-facilities-based carriers “because they have been crucial in ensuring that low-income households are connected to telecommunication services.” The FCC sought comment on discontinuing that support in a draft NPRM released as part of a Lifeline package that’s scheduled for vote at commissioners’ Nov. 16 meeting (see 1710270013). The Rhoades draft said such an action would “disconnect millions of low-income households.” Another draft by District of Columbia Public Service Commission Chairman Betty Ann Kane takes the other side. Not requiring federal Lifeline participants to use their own facilities “removes any incentive for companies to invest in and to build voice-only or voice and broadband-capable facilities and, thereby, subverts the Act’s principle of promoting access to advanced telecommunications services as set forth in section 254(b),” it said. The Kane resolution also would support several other FCC tentative decisions from the Lifeline proposal, including to (1) eliminate the stand-alone Lifeline Broadband Provider designation, (2) reverse the agency’s pre-emption of State regulatory authority to designate eligible telecommunications carriers and (3) require that Lifeline broadband service providers must also provide voice services. A third draft resolution, by Colorado Public Utilities Commissioner Wendy Moser, would support federal and state actions to require enterprise communications systems (ECS) “manufacturers, installers, and operators to design and configure ECS to allow direct dialing of 9-1-1, route 9-1-1 calls to the proper PSAP [public service answering point] regardless of the particular location of the extension used to call 9-1-1, provide the PSAP with location information accurate enough for first responders to locate the caller, and to support on-site notification.” Federal requirements shouldn’t preclude state from adding nonconflicting requirements, the draft said.
NARUC blasted the FCC for rejecting what the agency termed the “blunderbuss approach” of the Minnesota Public Utilities Commission applying state regulations to Charter Communications’ fixed interconnected VoIP service (see 1710270053). In an amicus brief Friday at the 8th U.S. Circuit Court of Appeals, the FCC said allowing Minnesota to regulate VoIP would disrupt the market, stifle competition and hurt consumers. The federal agency again declined to say if it's a telecom or information service. But its statement could have big impact in the case and on the broader question of whether states can regulate such services, observers said.
NTIA urged the FCC to account for federal government telecom needs in streamlining the processes for copper retirements and telecom service discontinuances under Section 214 of the Communications Act. The Commerce Department agency supports proposals in an FCC April NPRM for streamlining the process and suggested ways to "accommodate the needs" of federal agency communications customers. "The technology transition will require federal agencies -- on a possibly very short timetable -- to purchase new IP-compatible customer premises equipment (CPE) or to install new equipment to ensure that agencies’ existing CPE and systems can interoperate with IP-based services," said NTIA comments posted Monday in docket 17-84. "While the Commission should aggressively reduce or eliminate unjustified regulatory barriers to network evolution, it must also take steps to assure that before a service is discontinued or a facility is retired (1) federal customers are aware of the prospective change and its potential service implications for them, (2) carriers have acquainted themselves with their federal customers’ situation and needs, and (3) carriers have taken reasonable steps to ensure that federal users will continue to be served adequately after discontinuance." The FCC Thursday put a draft item on the tentative agenda for a Nov. 16 vote (see 1710270040).
The Democrat leading the race to be New Jersey governor by a wide margin supports ISP privacy rules. The position, which seems to counter President Donald Trump’s repeal of FCC broadband privacy rules, raised ISP eyebrows and Free Press praise. Meanwhile, gubernatorial candidates in Virginia laid out detailed plans to expand broadband, with the Democrat urging better data and the Republican seeking deregulation to spur private sector deployment. A state cable association said both Virginia candidates need to study, and a municipal advocate said he’s not excited by either’s broadband platform.
The FCC plans Nov. 16 votes on media ownership and ATSC 3.0, as expected, (see 1710250049), and wireless and wireline infrastructure and cable items, Chairman Ajit Pai blogged, although drafts of the items have not yet been issued. Commissioners also will vote, as expected (see 1710100063), on the next phase of the FCC's spectrum frontiers initiative, setting aside high-frequency spectrum for 5G. The order would make available another 1,700 MHz of high-frequency spectrum “for flexible terrestrial wireless use while providing 4 gigahertz for core satellite use,” Pai said. The FCC approved the first order under ex-Chairman Tom Wheeler in July 2016 (see 1607140052).
New commenters urged the FCC to collect more granular Form 477 company data on broadband and voice services, but industry parties continued to resist, in replies posted Tuesday and Wednesday in docket 11-10 on a Further NPRM. New York City "supports proposals to increase the granularity of the Commission’s data collections, standardize propagation models for mobile broadband collections, collect on-the-ground data, and make more data public," it replied. "Doing so would allow for more reliable and transparent comparison and assessment of broadband deployment."
The House Communications Subcommittee's Wednesday FCC oversight hearing featured a sometimes contentious exchange over President Donald Trump's recent comments threatening to challenge NBC licenses, criticism of recent FCC actions that could affect Sinclair's proposed buy of Tribune, and discussion about a mix of lower-temperature issues, as expected (see 1710240065). FCC Chairman Ajit Pai again repeated his commitment to the First Amendment without specifically citing the president. Pai invoked the controversy to announce the details of media ownership reconsideration order that he plans to publish Thursday (see 1710250037 and 1710250049). "If you believe as I do that the federal government has no business intervening in the news, then we must stop the federal government from intervening in the news business" via the order, he said.