Federal Communications Commission (FCC)

The Human Rights Defense Center asked FCC Chairman Ajit Pai to recuse himself from all decisions on Securus Technologies and the inmate calling service industry. Pai has an apparent and actual conflict of interest because of past representation of Securus and because he "never stopped representing" the company's interests via favorable rulings, said an HRDC filing posted Thursday in docket 17-126. Meanwhile, former state and federal commissioners said alleged misrepresentation of state approval status in FCC review of a proposed Securus sale to Platinum Equity could be problematic for Securus.

FCC Chief Information Officer David Bray declined to provide specific details on the agency's plans to protect its Electronic Comment Filing System against future cyberattacks. The refusal was in response to queries from House Commerce Committee ranking member Frank Pallone, D-N.J., House Oversight Committee ranking member Elijah Cummings, D-Md., and other House Democrats. Pallone and other lawmakers repeatedly pushed for further information on the circumstances behind a reported May 8 distributed denial-of-service attack against ECFS that occurred during the comment period on the NPRM on rolling back its 2015 net neutrality rules and reclassification of broadband as a Communications Act Title II service (see 1705170067, 1706280044 and 1707070039). “Given the ongoing nature of the threats to disrupt the Commission’s electronic comment filing system, it would undermine our system's security to provide a specific roadmap of the additional solutions to which we have referred,” Bray said in a memo to lawmakers accompanying letters from FCC Chairman Ajit Pai. “FCC’s IT staff has worked with commercial cloud providers to implement Internet-based solutions to limit the amount of disruptive bot-related activity if another bot-driven event occurs.” The cloud-based infrastructure supporting ECFS is “provided by our commercial partners,” the memo said. “FCC IT staff has notified its cloud providers of the need to have sufficient 'hardware resources' available to accommodate high-profile proceedings.” The May 8 DDoS attack doesn’t qualify as a “significant cyber incident” under current White House definitions and thus didn’t require a Federal Information Security Management Act-based notification to Congress, the memo said. The FCC consulted with the FBI in making the determination, Bray said. Pai told lawmakers he “cannot guarantee that we will not experience further attempts to disrupt our systems, [but] our staff is constantly monitoring and reviewing the situation so that that everyone seeking to comment on our proceedings will be afforded the opportunity to do so.”

A draft FCC item on advanced telecom capability deployment is a notice of inquiry, a spokesman told us Friday. Chairman Ajit Pai in January withdrew a draft report on broadband-like ATC deployment under Telecom Act Section 706 (see 1701300058), which previous Chairman Tom Wheeler had circulated to conclude an inquiry begun in 2016. "It sounds like this is a reset, and they're basically going to skip a report," said an informed source.

Reply comments in the two FCC infrastructure dockets, wireless 17-79 and wireline 17-84, demonstrate that deep divisions remain between industry and local governments with no détente in sight. Replies were due Monday in both dockets: 17-79 and 17-84. “Removing barriers to wireless broadband infrastructure -- small cells in particular -- is essential to maintain U.S. leadership in advanced wireless broadband services and to realize the numerous benefits that 4G densification and 5G offer,” said Verizon, the largest U.S. wireless carrier. “Government action to speed deployment will unlock transformative economic and social benefits -- from smart cities and access to education and healthcare to gains in productivity, sustainability, and public safety,” said comments filed in both dockets. The Wireless Internet Service Providers Association commented that the record "makes clear that the Commission has broad statutory authority to remove regulatory barriers to the deployment of fixed broadband networks, even if broadband Internet access service is restored to 'information service' classification" under Communications Act Title I. Google Fiber commented that there is "broad support" for a "one-time make-ready" pole-attachment process. But the U.S. Conference of Mayors' comments included joint resolutions calling on the FCC to: "preserve local zoning over cell towers and small cell sitings," "protect local police powers over rights-of-way and preservation of the right of a fair rental return on the use of public assets," expand the agency's Broadband Deployment Advisory Committee to include more local government representatives, and "refrain from acting on infrastructure NPRMs until the new and expanded BDAC" issues recommendations. Industry is making it clear it has a clear agenda in both the wireless and wireline inquiries, said the cities of San Antonio, Texas; Eugene, Oregon; Bowie, Maryland; Huntsville, Alabama; and Knoxville, Tennessee. Industry wants the FCC to become “a national land use zoning board to oversee local land use authorities” as well as a “national right-of-way access and rate regulation oversight board,” the cities commented. NARUC told the FCC any rules should “be careful to respect the clear limits on its authority imposed by the plain text of the federal telecommunications law.”

Litigation on small-cells wireless infrastructure deployment flared in New York state as legislatures and the FCC mull actions to spur 5G builds. Over the past two months, Crown Castle sued southeastern New York localities Rye, Hempstead and Oyster Bay for allegedly blocking small-cells deployment. An official representing New York mayors said litigation stems from federal rules not keeping up with technology. Local officials outside the state said they’re not yet seeing much similar litigation elsewhere.

Sorenson criticized and smaller video relay service rivals backed the FCC's order that further cut a compensation rate targeting Sorenson's high-volume traffic while effectively increasing the rates for lower-volume tiers (see 1707060062). "[W]e are very disappointed with the rates set by the FCC and the Commission’s determination to extend an ineffective and costly tier subsidy, already a decade old, to inefficient VRS providers," emailed Sorenson Chief Market Officer Paul Kershisnik Friday. "[T]he newest rate scheme will not uphold the [Americans With Disabilities Act's] promise of functionally equivalent service for the Deaf." Convo Communications, a small provider, praised FCC Chairman Ajit Pai for expanding communications access for people with disabilities through market forces: "Contrary to Sorenson's claims, the meticulously crafted Order sets into place a tiered compensation structure which will promote greater quality of services and innovation through competition while protecting the integrity of the ratepayer funded VRS program by preventing the overcompensation of VRS providers." The order "also correctly represents the Commission's commitment to wireless technology by denying the funding of costly equipment Sorenson claims is necessary to distribute to consumers for free to use VRS. In its order, the Commission makes a forceful push for the greater use of new mobile technologies that are readily available to download or commercially obtain off-the-shelves for use with VRS. Convo sees this move to mobile services, along with the Order's mandated videophone interoperability standards, as the impetus for an evolving VRS program which gives consumers more independence and choices using an increasingly efficiently compensated service." Angela Roth, CEO of GlobalVRS, another small provider, said her company acknowledges all the FCC work "on the rate adjustment in consideration of the historic and disproportioned advantages that have been held predominately by the largest providers. The Commission’s continuing work towards leveling the playing field and ensuring competition will allow the deaf community the right of choice, in keeping with functional equivalency that hearing community has always enjoyed.” ZVRS, the second-largest provider, didn't comment. Meanwhile, the FCC sought comment on a Sorenson petition for partial reconsideration of a VRS interoperability order, said a public notice Friday in docket 10-51. It said oppositions will be due 15 days after publication of the PN in the Federal Register.

The Communications Workers of America "strongly opposes" an NCTA-USTelecom petition for FCC clarification of broadband speed disclosure rules to ensure regulatory harmonization and industry flexibility in light of state mandates (see 1705160063). CWA said the commission lacks authority and policy justification to issue a declaratory ruling. "Such a ruling would result in considerable harm to consumers by allowing broadband providers to make inaccurate or misleading statements about their network performance and capabilities," said the union in reply comments Thursday in docket 17-131. It said it joined a "broad consensus in opposition" to the petition, which drew objections from 35 state attorneys general and some consumer groups in initial comments (see 1706190050). But NCTA and USTelecom said the record "reflects broad support" for the petition, filed by the "leading" cable and telco trade associations and backed by the American Cable Association, Adtran and CenturyLink. The opponents "fundamentally misapprehend the scope of the Petition as a request for complete preemption of state consumer protection laws," said a joint reply, which denied they made such a request: "[I]t does not ask the Commission to issue a broad 'field preemption' ruling; rather, it seeks to confirm the primacy of federal law where, as here, there is a direct conflict between state efforts to require [broadband internet access service] providers to measure and describe their BIAS offerings based on idiosyncratic standards and the Commission’s requirements for how those offerings are measured and described under its uniform national framework for broadband disclosures."

GAO found continuing "weaknesses" in Lifeline USF program management despite FCC and Universal Service Administrative Co. efforts to improve controls over finances and enrollment by low-income consumers. There are also broader problems in USF contribution system oversight and the commission's use of a private bank account rather than the Treasury Department to store $9 billion in USF net assets, said a May 30 GAO report released Thursday. Policymakers and others disagreed on the extent to which the previous FCC's actions already were addressing some of the issues, but Chairman Ajit Pai made it clear he plans to do more.

House Commerce Committee ranking member Frank Pallone, D-N.J., urged the DOJ and FBI to investigate whether comments on the FCC May NPRM on a potential rollback of the 2015 net neutrality order and reclassification of broadband as a Communications Act Title II service filed under stolen identities violated federal law. Fourteen people claimed last month that comments were submitted fraudulently under their names in support of a rollback of the rules (see 1705250064). Additional claims since allege comment astroturfing and filings using false names (see 1705310019 and 1706070017). Pallone said in a Wednesday letter to Attorney General Jeff Sessions and acting FBI Director Andrew McCabe he's concerned by reports that about 450,000 identical comments submitted to docket 17-108 used information obtained from data breaches. “I am deeply concerned that the sheer number of these potentially false comments suggest a coordinated attempt to materially mislead the FCC, and therefore a coordinated attempt to break federal law,” Pallone told Sessions and McCabe. “I urge you to take swift action to investigate who may be behind these comments and, if appropriate under applicable federal law and regulations, prosecute the people behind these fraudulent comments.” Pallone and other House Democrats wrote commissioners and Department of Homeland Security National Cybersecurity and Communications Integration Center Director John Felker seeking information about the May distributed denial-of-service attacks on the FCC website believed to have affected comments in the net neutrality proceeding (see 1705170067 and 1706260059). Separately this week, the commission released its response to other members of Congress on the attack (see 1706280044).

Ligado's proposed terrestrial broadband operations still "pose a significant interference risk" for parties getting real-time National Oceanic and Atmospheric Administration weather and environmental data and to certified GPS receivers, aeronautical safety satellite communications and Iridium end users, despite Ligado's protests to the contrary, said aviation and weather interests in a docket 11-109 FCC filing posted Tuesday. They said Ligado continues to try to gloss over filings showing potential for harmful interference and "to discount the import and validity" of the Transportation Department's ongoing Adjacent Band Compatibility evaluation. They said the FCC shouldn't act on the satellite company's requests until the agency addresses those interference issues, and had input from other federal agencies. Signers of the filing included AccuWeather, Aerospace Industries Association, Aircraft Owners and Pilots Association, Airlines for America, American Geophysical Union, American Meteorological Society, Gogo Business Aviation, Helicopter Association International, International Air Transport Association, Iridium, the National Weather Association and Thales. Ligado said it has "worked with the Commission and interested parties for nearly two years to resolve interference concerns, including signing cooperation agreements with major GPS companies that ensure Ligado is compatible with GPS and will not interfere with aviation safety or NOAA’s operations. Safety of life is paramount, and that’s why we have collaborated extensively with the FAA to protect aviation safety and provide the industry with an advanced level of connectivity currently unavailable today. Additionally, we have proposed that NOAA use a fiber cable and cloud-based delivery system for its weather data. This proposal and Ligado’s commitment to protect NOAA’s own operations will allow an auction of the 1675-1680 MHz band and preserve NOAA’s mission. Today’s filing contains no new information, no new technical analysis, no new data. It is simply a re-packaging of the same old complaints, all of which have already been amply addressed in the record.” In an ex parte filing posted Tuesday in docket 11-109, Ligado recapped a phone call with the Wireless Bureau employees about aviation industry concerns (see 1706210030) in which it said the concerns raised previously were discussed as part of the Radio Technical Commission for Aeronautics review and presented to the Federal Aviation Administration.