Federal Communications Commission (FCC)

The U.S. Court of Appeals for the D.C. Circuit denied a stay of the FCC’s April order allowing Wi-Fi and other unlicensed users to share the 6 GHz band. APCO sought the stay, with the support of electric utilities (see 2009180044). Wi-Fi proponents said the Thursday decision is important in that the court considers the merits of a challenge in deciding whether to grant a stay. The court also declined a request for an expedited hearing. Wi-Fi industry officials said the first devices are likely this year, with rollout accelerating into 2021.

Commissioners approved a Further NPRM Wednesday 5-0 on clearing the 3.45-3.55 GHz band, after changes were made at the urging of FCC Democrats asking whether the type of sharing used in the citizens broadband radio service band would work there. Commissioner Mike O’Rielly, who said during discussion on the item that he's leaving the FCC by year-end (see 2009300014), had pushed for the agency to take on the band. Commissioner Jessica Rosenworcel said the U.S. remains behind on 5G. Chairman Ajit Pai predicted an auction next year.

Local governments and utilities challenged FCC-asserted authority upheld by the 9th U.S. Circuit Court of Appeals in August. Locals and the American Public Power Association separately sought en banc rehearing of a three-judge panel decision mostly supporting FCC 2018 wireless infrastructure orders on small cells and local moratoriums. Commissioner Brendan Carr responded Tuesday that the court’s August decision supports quick infrastructure deployment.

FCC commissioners will likely approve an order 5-0 Wednesday cutting IP captioned telephone service (IP CTS) rates, though FCC Democrats Jessica Rosenworcel's and Geoffrey Starks' concerns are expected to be discussed, FCC and industry officials said. Among the biggest is how well automated speech recognition (ASR) technology will work to generate captions. There has been little input from consumers since the draft was proposed, officials said. An FCC spokesperson didn’t comment.

The California Public Utilities Commission should pump the brakes on state LifeLine changes until the FCC resolves federal Lifeline minimum service standards (MSS), the National Lifeline Association commented Thursday in CPUC docket R.20-02-008. Many at the federal agency seek to freeze MSS at 3 GB and oppose an FCC plan to raise MSS to 4.5 GB monthly; it would increase to 11.75 GB on Dec. 1 otherwise (see 2009150072). NaLA raised legal concerns with the CPUC’s proposal, saying it’s “likely to be challenged in federal court because it breaks with the Commission’s own precedent and mandates that the wireless Basic and Standard Plans be provided to California LifeLine participants for free in violation of Section 332(c)(3) of the Communications Act.” Federal law bans state commissions from setting wireless Lifeline co-payments, TracFone commented. Requiring free services is prohibited rate regulation, said the company, being bought by Verizon. The CPUC Public Advocates Office praised the agency’s plan to include wireline broadband service in LifeLine. "Given more than six months have passed since the start of the pandemic and many Californians may be in need of affordable broadband options to perform these essential activities, Cal Advocates urges the Commission to implement the [proposed decision's] interim rules swiftly and with urgency.” The California Emergency Technology Fund agreed. Frontier Communications raised concerns the proposal recommends replacing only $2 of a $4 monthly federal funding reduction coming in December. “This proposal will result in rate increases of up to $2.00 and harm low-income consumers at a time when they are most vulnerable from the COVID-19 pandemic and the ongoing financial crisis.”

Opponents of states using 911 fees for unrelated purposes support an FCC notice of inquiry proposed for vote at Wednesday’s meeting. Some want earlier action and wonder what the future holds, since the item’s main FCC champion, Commissioner Mike O’Rielly, is likely leaving. The agency would ask how to dissuade states from diverting 911 fees and the impact of the practice (see 2009090048).

Fred Moorefield, deputy chief information officer for command, control and communications, defended DOD’s recent request for information on spectrum sharing, which industry and FCC officials say raised questions as the commission moves toward a vote on the 3.45-3.55 GHz band. Moorefield spoke at NTIA’s virtual spectrum policy symposium. At a similar summit a year ago, officials promised the administration would soon release a national spectrum policy; it hasn't been unveiled.

Internet gaps exposed by COVID-19 are fueling calls by state policymakers to treat broadband like a utility. With federal preemption issues, the California Public Utilities Commission plans to “push the question,” said Commissioner Martha Guzman Aceves in an interview last week. Washington state’s net neutrality law author said he will seek to fully allow municipal broadband next year. A Michigan regulation bill might also return in 2021.

The FCC Advisory Committee on Diversity and Digital Empowerment has had to adjust its focus to grapple with COVID-19 and its outsize effects on minorities and small business owners, members told its Friday meeting. “We’ve had to tweak our plans,” said Beasley Broadcast CEO and Access to Capital working group head Caroline Beasley. “Getting access to capital to buy a broadcast property in the world of COVID is literally impossible.” The pandemic “illustrated as nothing else has the importance of connecting communities,” said FCC Chairman Ajit Pai.

House Communications Subcommittee members in both parties delivered Thursday on expectations for a highly partisan FCC oversight hearing (see 2009160076) in which many lawmakers gave what they viewed as their final verdict on the commission’s performance under Chairman Ajit Pai. Democrats castigated what they saw as the FCC's missed opportunities on telecom policy, including not doing more to improve connectivity amid COVID-19. Republicans defended Pai as doing as much as he could under statutory authority. The House Commerce Committee’s own policy track record during this Congress came into question amid renewed pressure for a compromise on aid legislation.