Federal Communications Commission (FCC)

Congress’ clash on spectrum legislation is expected to escalate just before lawmakers leave for the long August recess with a continued lack of bicameral consensus. House Commerce Committee leaders are eyeing potential floor consideration the week of July 25 of the Spectrum Innovation Act legislative package (HR-7624) the panel advanced Wednesday (see 2207130066). Senate Commerce Committee leaders haven’t signed on in support of HR-7624’s approach and are likely to hold a hearing the week of Aug. 1 on renewing the FCC’s spectrum auction authority and other matters the measure addresses. HR-7624 authorizes an FCC auction of up to 200 MHz on the 3.1-3.45 GHz band.

The FCC Wireless Bureau will host a workshop Sept. 13 on the environmental compliance and historic preservation review process for the construction of communications facilities supporting FCC licensed services, the agency said Wednesday. The workshop will be in-person in the Commission Meeting Room at FCC headquarters, starting at 10 a.m. It will also be streamed on the agency’s YouTube channel. “FCC and other federal agency subject-matter experts will provide information on a range of topics related to the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the FCC’s implementing regulations and related agreements,” the bureau said.

The FCC has been deluged with comments by SpaceX supporters in recent days on a possible opening up of the 12 GHz band to 5G, but that input likely won't matter in an agency order, administrative law and commission experts told us. The real audience for the comments might be Congress, they said. The commission didn't comment.

Broadcasters, MVPDs, ISPs and other entities argued over the state of competition in the broadband and video marketplaces and how to address it, in comments posted by Friday’s deadline in docket 22-203 for the agency’s biannual State of Competition in the Communications Marketplace report to Congress, due in Q4. Regulations premised on lack of competition “should be repealed,” said NCTA. The FCC “must consider the real-world consequences of imposing, in a highly competitive marketplace, a burdensome and outdated regulatory regime,” said NAB.

The FCC expanded the interstate Telecom Relay Service Fund contribution base to include intrastate and interstate end-user revenue, to ensure "fair treatment of intrastate and interstate communications services and users in the funding of relay services," said an order released Thursday in docket 03-123 (see 2206280060). The order modified contributions for video relay and IP relay services based on the "total interstate and intrastate end-user revenues of each telecommunications carrier and VoIP service provider." It denied an NTCA request to limit the contribution cost of rural providers' intrastate end-user revenue and set a compliance date of July 1, 2023. The order takes effect 30 days after Federal Register publication. Also released Thursday was a second order amending VRS and IP captioned telephone service rules, an NPRM proposing to modify certain VRS rules, and a declaratory ruling on COVID-19 pandemic waivers. The second order gave VRS and IP CTS providers a two-week "grace period" to be compensated for "providing service to new and porting-in customers ... after initial submission of the consumer's registration data." The change will allow users to "immediately start making and receiving relay calls," the order said. The NPRM seeks comments on increasing the percentage of a VRS provider's monthly minutes a communications assistant (CA) may handle from home to 80% and reducing or eliminating the requirement that CA's have at least three years of interpreting experience. The notice also seeks comment on whether to allow VRS providers to contract interpretation services for "up to 30% of their monthly call minutes." The commission also waived its cap on the rules for one year. Comments are due 30 days after Federal Register publication, 60 days for replies. The declaratory ruling clarified that the maximum period a VRS provider may be compensated for calls originating abroad by a VRS user is one year.

The California Public Utilities Commission stood by a 7-cent cap on intrastate per-minute rates for incarcerated person calling services (IPCS) in state court Wednesday. The Prison Policy Initiative (PPI), also named in a May lawsuit by Securus, said the CPUC’s interim order was “well-reasoned and provides desperately needed relief” to IPCS users. Meanwhile, a California bill to make IPCS calls free and require a CPUC service-quality rulemaking cleared another Assembly committee despite continuing opposition from sheriffs.

The Arizona Corporation Commission directed staff to create a memo and proposed remedy order on Frontier Communications’ June 11 outage. At the West Virginia Public Service Commission, Frontier agreed to a settlement with 911 officials over outages in that state. Arizona commissioners grilled the company at a livestreamed meeting Tuesday about its response to the gunshot-caused outage, and earlier problems (see 2206280065). After discussing legal options in closed executive session, including a possible order to show cause (OSC), commissioners decided they will vote at their July 12-13 meeting on a proposed remedy order. Chairwoman Lea Marquez Peterson (R) said it would require Frontier to (1) quickly interconnect with the state's Comtech 911 system, (2) provide an emergency response plan, (3) actively pursue state and federal funds for network redundancy and diversity, (4) give a biweekly status update on Frontier’s progress getting funds, (5) identify areas that lack redundancy and diversity and provide a hierarchy of priorities for vulnerable areas and (6) have high-level, senior executives attend emergency town hall meetings in St. Johns, which experienced the June 11 problems. ACC Utilities Director Elijah Abinah said staff is considering July 14 for a St. Johns town hall. Peterson added, “We would like this to include enforcement provisions.” Saint Johns Police Chief Lance Spivey and Assistant Fire Chief Jason Kirk said they would have preferred the commission consider stronger enforcement action in the form of an OSC. The West Virginia PSC posted a Frontier 911 pact Tuesday in four dockets including 22-0274-T-C. Frontier agreed to “review and update its change management policy to assure regular, preventative maintenance routines,” improve network card tracking and inventory management, standardize a process for individualized route diversity education for county 911 officials, give PSC staff the West Virginia part of its FCC 911 reliability certification report and give county 911 directors documents on using Frontier’s rerouting tool, upon request. Before it can take effect, West Virginia commissioners “would have to approve, reject or modify the settlement,” a PSC spokesperson emailed Wednesday.

Industry groups disagreed whether the FCC should adopt a new cost allocation framework and rules for pole replacements, in comments posted Tuesday in docket 17-84. The proceeding stems from a 2020 NCTA petition asking the FCC to clarify its pole replacement rules. The FCC adopted the Further NPRM in March in lieu of acting on the petition, noting the group “revealed inconsistent practices by utilities" on cost responsibility for pole replacements (see 2203180074).

NTIA supported the FCC’s move to address receivers, in comments posted Tuesday in response to a notice of inquiry on receiver performance and potentially standards adopted by commissioners 4-0 in April (see 2204210049). NTIA noted it already collects receiver data. Other commenters generally support the inquiry, with most opposing regulation.

The House Appropriations Committee expects the FCC to "take further action to help eliminate the potential for future interagency spectrum disputes" beyond a coordination agreement between commission Chairwoman Jessica Rosenworcel and NTIA Administrator Alan Davidson (see 2202150001), the panel said in a report accompanying the Financial Services Subcommittee's FY 2023 bill. The underlying measure (see 2203280069), set for a Friday committee vote, would give the FCC $390 million, up 2.3% from what Congress appropriated in the FY 2022 omnibus appropriations package President Joe Biden signed in March (see 2203150076). The bill would give the FTC $490 million in FY23, up 30% from FY22. The markup begins at 9 a.m. in 1100 Longworth.