Federal Communications Commission (FCC)

Lawmakers we spoke with are eyeing more communications policy issues they hope to address before the August recess beyond the push to include telecom funding in COVID-19 legislation. Senate Commerce Committee leaders hope to advance the reconfirmation of Mike O’Rielly to an additional five-year FCC term. The House Commerce Committee plans a markup Wednesday, a spokesperson told us Monday evening. It's expected to include telecom bills that have been on hold since the pandemic disrupted Capitol Hill operations in March (see 2003130073)

Eligible telecom carrier designation is valuable to state commissioners and mustn't be eliminated, NARUC Telecom Committee members said in interviews last week. The committee plans to vote at the state regulator association’s July 20-22 virtual meeting on a proposed resolution that would reject an idea supported by some industry and FCC Commissioner Mike O'Rielly that raised state alarm (see 2007070057). State commissioners supporting the draft by Chair Karen Charles Peterson of Massachusetts said they haven’t seen the process discouraging providers from seeking USF funding. Two industry groups disagreed.

Political pressure in executive orders won’t sway the FTC, Chairman Joe Simons wrote June 29 to Sen. Richard Blumenthal, D-Conn., and Rep. Jan Schakowsky, D-Ill. Blumenthal and Schakowsky wrote Simons June 15 with concerns about political influence from President Donald Trump’s EO (see 2005280060) directing the FTC to police unfair and deceptive practices involving online platforms’ content moderation practices, with language targeting Section 230 of the Communications Decency Act. We received the correspondence via a Freedom of Information Act request to the trade commission.

The FCC said Monday its NPRM for implementing the 2012 spectrum law's mandate for public safety to move off the 470-512 MHz T band by 2021 proposes “to issue licenses only where net winning bids would exceed the total estimated relocation costs for all public safety T-Band licensees subject to mandatory relocation.” Those costs are expected to total $5 billion-$6 billion, while GAO found last year revenue from a T-band spectrum sale would be unlikely to exceed $2 billion (see 1906210050). FCC Chairman Ajit Pai announced in May his circulation of the NPRM and simultaneously called for Congress to repeal the auction mandate (see 2005150053). The FCC seeks comment in docket 13-42 on its proposal for a licensing trigger and “on the statutory meaning of certain terms that will inform the likelihood that net winning bids will in fact exceed total estimated relocation costs.” The commission wants commenters to discuss “how to address any deficit in net winning bids -- should we require public safety licensees to relocate on a city-by-city basis if the bids for a particular urbanized area meet or exceed the cost estimates to relocate public safety licensees in that particular area? Similarly, should licensees be required to relocate on a channel-by-channel basis within urbanized areas where bids for that channel meet or exceed the cost of clearing the channel?” Comments are due 30 days after Federal Register publication, replies after 60 days. Commissioner Jessica Rosenworcel supported the NPRM because she believes the rules mean “this auction is destined to fail” given proceeds “would need to be greater than the revenue raised from the FCC’s previous nationwide auctions” in the 24 GHz and the 28 GHz bands combined: The agency “does not have the authority to waive this statutory requirement, even if under present circumstances this auction is clearly not in the public interest.” Congressional “action that would stop this auction and allow public safety authorities to continue to communicate using the T-Band is the best way forward,” Rosenworcel said.

Wireless carriers warned California it will exceed legal authority with network resiliency requirements responding to wildfires and public safety power shutoffs. The California Public Utilities Commission received comments Wednesday in docket R.18-03-011 on a proposed decision giving wireless providers 12 months to deploy generators capable of 72-hour backup power in tiers 2 and 3 high-fire-threat districts. Counties hit hard by wildfires last year support the plan (see 2006170049). The PD "proposes several requirements that are unworkable and, as discussed below, exceed the Commission’s legal authority and are preempted by federal law,” commented CTIA. “Much of what has been proposed is expressly preempted by the federal Communications Act, barred by conflict preemption" given the FCC's "affirmative decision not to regulate these matters, and barred by field preemption.” Seek industry “informational filings,” CTIA asked. AT&T and T-Mobile raised similar issues. The proposal contains "factual, legal and technical errors that perpetuate certain fundamental misperceptions of wireless network resiliency and otherwise relies on unprecedented and unlawful assertions of Commission authority,” T-Mobile said: The CPUC lacks "authority to mandate how wireless carriers design their networks, the type or level of service they provide, the times that service is available, or what equipment should be used to help maintain service.” Noting the PD didn’t include infrastructure companies, the Wireless Infrastructure Association mostly supported the draft, including the proposed waiver process for areas where the requirement is infeasible or not needed. Avoid being “inundated with waiver requests," WIA suggested: “Any requirement that 72 hours of backup power must be deployed at all small cells would trigger an onslaught of waiver requests,” so expressly limit that requirement to macro cellsites that provide coverage. The Utility Reform Network said the CPUC has authority and “ample record support.” Also address "the need for reliable backhaul,” TURN said. The California State Association of Counties urged considering expanding the backup power rule to tier 1 high fire threat districts.

The House Armed Services Committee voted Wednesday to include in its FY 2021 National Defense Authorization Act (HR-6395) two amendments aimed at hindering the FCC’s approval of Ligado’s L-band plan, as expected (see 2006260051). The Senate continued to consider its Armed Services Committee-cleared NDAA version (S-4049) with anti-Ligado language intact (see 2006110026). Senate Armed Services Chairman Jim Inhofe, R-Okla., attempted but failed to advance by unanimous consent a manager’s amendment to S-4049 containing additional telecom and tech language.

The House Armed Services Committee’s current version of the FY 2021 National Defense Authorization Act doesn’t include language to intervene in FCC approval of the Ligado L-band plan. Proposal supporters said they are gearing up for a fight if committee members attempt to attach such amendments to the measure. Ligado opponents believe they have a good chance of prevailing because the Senate is considering its Armed Services Committee-approved FY21 NDAA version (S-4049) with related language intact, and a standalone bill is still in the pipeline.

Two issues expected to be contentious at the 2023 World Radiocommunication Conference involve potential spectrum sharing in the 6 GHz and the UHF bands, speakers said Thursday at a European spectrum management conference. Agenda item (AI) 1.2 calls for identifying several bands, among them the 6425-7025 MHz band in Region 1, and the 7025-7125 MHz band globally, for mobile services. AI 1.5 considers potential sharing between users such as broadcasting services and mobile applications in the UHF 470-960 MHz band. Other keenly watched discussions include satellite and transport communications issues, they said. Agenda items are here.

The Senate Commerce Committee’s divide over FCC approval of Ligado’s L-band plan was again on display Wednesday during a commission oversight hearing, as expected (see 2006230059). The issue also came up during a committee confirmation hearing for Commissioner Mike O'Rielly (see 2006160062). There was an even clearer partisan divide among committee members about President Donald Trump’s May executive order directing NTIA to petition the FCC for regulations defining the scope of Communications Decency Act Section 230 (see 2005280060). Senate Commerce also drilled into broadband funding proposals amid the ongoing push to include money in future COVID-19 aid legislation.

FCC Chairman Ajit Pai laid out a busy agenda for commissioners’ July 16 meeting. It tentatively includes (see 2006240044) an order addressing supply chain security and equipment from Chinese companies Huawei and ZTE, and an update of vertical location accuracy rules for wireless calls to 911. Commissioners will also consider broadband mapping, call blocking technology and emergency calling rules. Also on the agenda is the draft order establishing 988 for a nationwide three-digit suicide hotline and giving carriers a July 2022 deadline for implementation (see 2006230022). FCC members would vote on changing the cable leased access rate formula.