Federal Communications Commission (FCC)

Commissioners OK’d modifying FCC rules for the $1.9 billion program for removing Huawei and ZTE gear from carrier networks 4-0 Tuesday, as expected (see 2107070052). Acting Chairwoman Jessica Rosenworcel announced an Oct. 29 “target date” for opening this window. “Carriers can start planning for their applications and their new networks." she said: "There’s a lot of work to do."

The bulk of FCC staff won’t return to the office until the FCC completes negotiations with its employee union, but talks haven’t been scheduled, per the National Treasury Employees Union and an Office of Personnel Management memo. Other agencies said they're trying to figure out their own return to their headquarters.

The Communications Workers of America asked the Biden administration to appoint FCC acting Chairwoman Jessica Rosenworcel as permanent chair and nominate a fifth commissioner, in a letter released Thursday. CWA said Rosenworcel “moved quickly and effectively to help consumers during the pandemic and close the digital divide.” The commission's work “will be slowed” until the vacant seat is filled and a permanent chair is appointed, it said. The American Federation of Teachers, International Brotherhood of Electrical Workers, National Education Association and the Service Employees International Union also signed.

Some House Democrats are beginning to echo their Senate colleagues’ concerns about the continued lack of permanent leadership at the FCC and NTIA (see 2106160056). House Communications Subcommittee Chairman Mike Doyle, D-Pa., told us he plans to delay the subpanel’s customary FCC oversight hearings until President Joe Biden names a permanent commission chair and fills a vacant seat that would give Democrats a 3-2 majority. Qualms about Biden’s failure to name a permanent NTIA administrator also featured during a Wednesday House Communications hearing on nine bills largely aimed at increasing the role that agency and the FCC play in communications security. Subcommittee members from both parties appeared interested in pursuing those measures.

The FCC should focus on coordination and outreach to federal agencies when identifying future commercial spectrum, said Commissioner Nathan Simington in a virtual talk for WifiForward Monday. “Communication with other federal agencies is key,” Simington said. He compared finding new spectrum to a real estate developer building in “greenfield” versus one putting up buildings in Paris or New York. “No matter where you want to build, you are going to have to deal with prior efforts.” He said he would like to see the FCC’s November 5.9 GHz order remain in effect, but it isn’t clear whether the dedicated short-range communications industry and the Department of Transportation will succeed in having aspects of that order changed. “I haven’t heard any rumblings at the commission, but you never know.” Simington said “light-touch regulation” drove innovation in unlicensed spectrum bands, and the agency should hold to that philosophy going forward: “We have to be a little bit humble about what we can see in our foggy crystal balls.” The world “is in a pivotal place” for the future of the 6 GHz band, Simington said. He said it's likely China will raise the matter of Wi-Fi on the band at the 2023 World Radiocommunication Conference, and it's up to the U.S. to persuade European Union countries to “stay the course.” The more countries that adopt 6 GHz for Wi-Fi, the better the environment for advances in the technology, he said. Asked about concerns that the U.S. could be falling behind other countries in internet technology, the Canadian native said the U.S. spawned most of the fundamentals of modern telecom, and it should “buck up.” Americans have a “tendency to have low self-esteem in some of these areas,” Simington said: American innovation was “fantastic in the past and will be fantastic in the future.”

The FCC unanimously approved 911 fee diversion rules, as expected (see 2106210022). They largely mirror statutory language in the Don’t Break Up the T-Band Act of 2020, and are “reasonably broad given the diverse and evolving nature of the 911 ecosystem.” Rules take effect 60 days after Federal Register publication and fee report data collection compliance takes effect after OMB OK. The commission defined a 911 levy Friday as “a fee or charge applicable to commercial mobile services, IP-enabled voice services, or other emergency communications services specifically designated by a state or taxing jurisdiction for the support or implementation of 911 services.” The definition included multipurpose fees that support “public safety, emergency services, or similar purposes.” Replacement of 911 systems is OK. Diversion is what's used to support a political subdivision or other non-911 related purposes. Examples include “equipment or infrastructure for constructing or expanding non-public safety communications networks” and transferring money to a general fund. States will be held responsible for local jurisdictions that divert fees. The 911 strike force will consider and provide recommendations on what types of radio expenditures constitute diversion. The rules establish a procedure for jurisdictions to petition the Public Safety Bureau for determination an expenditure should be treated as acceptable. The jurisdiction must demonstrate this supports public safety answering point functions or directly affects a PSAP's ability to “receive or respond to 911 calls.” The FCC clarified that “only employees of a diverting jurisdiction” are ineligible to participate on advisory committees. Representatives of non-diverting localities within a diverting state remain eligible. An individual employed by a diverting jurisdiction may still serve on an advisory committee as a representative of a public safety organization or association. The FCC “took a big step towards eliminating the unacceptable practice of 911 fee diversion,” said CTIA Vice President-Regulatory Affairs Matt Gerst. The new rules “provide much-needed clarity on what does and does not constitute 911 fee diversion, which is essential as the stakes for diversion are raised with the potential federal NG-911 transition funding,” emailed National Emergency Number Association Director-Government Affairs Dan Henry. “To the extent that edge cases remain in certain states’ fee models, the 911 community will have to be proactive in seeking determinations from the Commission.”

CTA raised concerns as FCC commissioners approved 4-0 Thursday an NPRM and notice of inquiry that would further clamp down on gear from companies deemed to pose a security risk in U.S. networks. Commissioners said several questions were added since a draft of the item circulated, as expected (see 2106090063).

Congressional Democrats are pressing harder for President Joe Biden to name a permanent FCC chair and a fifth commissioner, citing the need for a majority to act on changes to net neutrality rules and other priorities unlikely to garner GOP support. Lawmakers remain publicly hopeful the administration will soon announce its FCC nominees. Privately, Senate Democrats in recent days told the White House their patience on FCC nomination delays has evaporated, aides said.

Industry trade groups said 21st Century Communications Video Accessibility Act rules are sufficient, but consumer groups want the FCC to examine and strengthen accessibility requirements for the online and streaming media due to problems that rose in use during the pandemic, per comments posted Tuesday in docket 21-140. “Acknowledge the wide range of Internet-Protocol-based multimodal communications services,” said Telecommunications for the Deaf and Hard of Hearing and other groups for the hearing-impaired. They asked the FCC to complete rollout of real-time text, update TV closed captioning rules, “vigorously enforce” rules, migrate the Disability Rights Office to a new Office of Civil Rights, and seek more authority on accessibility from Congress. NAB, NCTA and CTA said the rules are sufficient. “There is no need for the Commission to update its rules implementing the CVAA,” said NCTA. “No additional obligations are necessary or appropriate” now, said NAB. “Leverage” the emergency broadband benefit and emergency connectivity fund to increase connectivity to the disabled, CTIA said. “Evaluate the accessibility of emergency information, government press conferences, and other critical sources of public information presented through television,” urged the American Foundation for the Blind. ACA Connects said the FCC “bizarrely” never made rule changes from 2016 on programmer closed captioning certifications effective: “It is well past time for the Commission to address this by publishing with dispatch the requisite Federal Register notice.”

Tech and telco groups disagreed about USTelecom's petition for reconsideration of calling party notification and blocked call list requirements, in comments posted Monday in docket 17-59 (see 2105200074). Lumen said requirements should exclude legacy networks because it's "unclear whether those systems are technically capable of accommodating such a notification." The Voice on the Net Coalition agreed and said the FCC should confirm that calls blocked by a subscriber through anonymous call rejection or Do Not Disturb don't fall under the session initiation protocol (SIP) response code requirements. The Ad Hoc Telecom Users Committee disagreed: "Introducing carrier discretion as to the type of notification will only increase confusion for legitimate callers." Incompas and the Cloud Communications Alliance said such flexibility "is exactly what the commission sought to avoid by prescribing standardized uniform notifications." The groups opposed extending January's deadline for notification implementation. USTelecom's petition "does not explain how a different form of notification would be superior to use of the SIP codes," said the American Bankers Association, National Retail Federation and others.