Federal Communications Commission (FCC)

FCC Commissioners Mignon Clyburn and Mike O’Rielly and Chairman Ajit Pai appeared to be in some disagreement about the goals of the newly empaneled Advisory Committee on Diversity and Digital Empowerment. The disagreement appeared in their remarks preceding the group’s first meeting Monday.

Companies interested in using the 3.5 GHz band made the case for leaving FCC rules largely as they are, rather than making changes proposed by CTIA and T-Mobile (see 1706200081), said speakers at a panel Wednesday sponsored by New America’s Wireless Future Program. Rules are expected to change, especially on the licensed portion of the shared band, and Commissioner Mike O’Rielly is leading an initiative to rewrite them. O’Rielly said he wants to leave the three-tier structure for the band in place, while making the licensed part more attractive for investment (see 1708010058). The three tiers are federal incumbents, priority access licenses (PALs) and general access, akin to Wi-Fi. O’Rielly believes the census-tract levels for the PALs are too small.

SAN FRANCISCO -- An attorney for AT&T Mobility said the FCC -- not the FTC -- is the telco's main regulator and AT&T would be "happy" to defend against allegations that it throttled its data service without telling customers. Michael Kellogg, representing the telco before 11 judges of the 9th U.S. Circuit Court of Appeals during oral argument Tuesday, said he wasn't arguing against the idea of concurrent enforcement. But in this instance, Congress drew a distinction that the FCC is the primary regulator and the case is "right in its wheelhouse," he continued.

FCC members proposed creating uniform procedural rules for certain complaint proceedings -- including on pole attachments -- "delegated to the Enforcement Bureau and currently handled by its Market Disputes Resolution Division (MDRD) and Telecommunications Consumers Division (TCD)." The proceedings are governed by three sets of rules that "are not congruent and the inconsistencies can lead to needless confusion," said an NPRM Monday in docket 17-245. It proposed "to streamline and consolidate the procedural rules governing formal complaints" filed under Communications Act Section 208, pole attachment complaints filed under Section 224, and formal complaints on advanced communications services and equipment filed under sections 255, 716, and 718 ("Disability Access complaints"). "We propose amending our rules so that formal complaints currently managed by MDRD (Section 208 formal complaints and Section 224 pole attachment complaints) and TCD (Disability Access complaints) are subject to one set of procedural rules," the NPRM said. "We use the Section 208 rules as a starting point because they have worked well in resolving hundreds of complaints filed since 1997. In some instances, however, we propose modifying those rules where we believe the pole attachment complaint rules would improve the complaint process. Moreover, we propose retaining specific pole attachment rules that are unique and necessary to resolving those particular types of complaints." The NPRM proposed a 30-day deadline for answering formal complaints, unless otherwise ordered by staff, with replies due 10 days later. Because the rules are procedural, the commission said notice and comment aren't required under the Administrative Procedure Act, but to build a more informed record, it asked for comments and replies 30 and 45 days after publication in the Federal Register. Last week, the FCC told Congress about other ways it's improving bureau procedures (see 1709180057).

Industry urged the FCC to tread lightly in bolstering slamming and cramming rules targeting providers making unauthorized changes to consumers' preferred telecom providers or inserting unauthorized charges on phone bills. Major telco, cable and billing interests expressed concerns about potential new regulations teed up in a July NPRM (see 1707130054), while consumer groups were more supportive. Comments were posted in docket 17-169 Wednesday and Thursday. Replies those days in docket 17-97 on a July notice of inquiry (see 1707130054) also saw the telco industry and consumer groups at odds on whether the FCC should mandate a call authentication standards framework.

Rural interests supported a request for RLEC broadband relief from USF contributions while regulators review the industry mechanism funding the subsidy system. WTA urged the FCC to grant an NTCA/USTelecom petition for temporary forbearance from application of USF contribution requirements to RLEC-provided broadband internet transmission services until the FCC decides on how all broadband services should be treated. The relief "would put an end to the anomaly whereby some rural Internet access service customers bear the cost of substantial federal USF contributions on broadband transmission services while urban and most rural Internet access service customers do not," WTA commented this week in docket 17-206 responding to a public notice (see 1708140059). Granting the petition would be "a simple matter of fundamental fairness and good public policy," said GVNW Consulting, which works with rural carriers. It said forbearance also would "avoid the anti-competitive implications of a regime that picks 'winners and losers' in the broadband marketplace," somewhat mitigate the "high cost of broadband for rural consumers" and be "fully consistent" with other FCC pronouncements, including in its Communications Act "Title II proceeding and more recent USF reform efforts." Without opposing or supporting the petition, the Pennsylvania Public Utility Commission said the request "demonstrates disparate treatment" of broadband services and "underlines the need for the timely reform of the federal USF contribution base reform."

SEATTLE -- The wireless industry agreed with local telecom officials that the FCC should update RF safety rules. In Q&A following a Tuesday keynote speech at the NATOA conference, Wireless Infrastructure Association CEO Jonathan Adelstein supported resolving a proceeding that’s been pending since 2013. On the more contentious subject of wireless small cells, Adelstein warned communities not to discourage broadband deployment by asking for too much money from industry to use rights of way (ROWs). Localities should realize that the political winds are with industry, agreed NATOA Executive Director Steve Traylor in a Wednesday interview.

SEATTLE -- Localities urged industry to partner with them rather than fight for pre-emption of local authority on wireless siting of small cells for 5G networks. At NATOA's annual conference Monday and Tuesday, local and industry officials predicted more small-cells bills in states’ 2018 legislative sessions that would seek to pre-empt localities. An FCC Broadband Deployment Advisory Committee (BDAC) member said he doesn’t believe federal pre-emption is likely.

Senate Commerce Committee Chairman John Thune, R-S.D., and other committee members told us Wednesday they Are receptive to calls to delay discussions about a replacement or major overhaul of the Lifeline USF program until the national verifier program instituted in the FCC's 2016 Lifeline overhaul order fully rolls out in 2019. Most witnesses at Commerce's Wednesday Lifeline hearing said Congress should give the FCC a chance to fully implement the 2016 order's provisions. Thune and other committee Republicans also signaled interest in working with Senate Homeland Security Committee ranking member Claire McCaskill, D-Mo., on a Lifeline bill if offered.

Big business interests seek to “run out the clock” to avoid California legislators voting on broadband privacy rules based on the FCC rules repealed by President Donald Trump and Republicans in Congress, privacy advocates told us this week. The California legislature has a Sept. 15 deadline to pass pending legislation, but the state's chamber of commerce asked the state Senate leader to hold the privacy bill and he hasn't scheduled a vote. Meanwhile, big wireless companies are pushing for passage of small-cells legislation, but local governments remain opposed and plan to take the fight to the governor's office, a local lobbyist said.