Federal Communications Commission (FCC)

Sen. Mike Lee, R-Utah, and seven other senators pressed the FCC for more information about OK'ing Ligado’s L-band plan. The lawmakers noted the Senate Armed Services Committee’s May hearing on DOD’s opposition to Ligado's proposal, wanting the FCC to get an equal opportunity to explain. Senate Commerce Committee Chairman Roger Wicker, R-Miss., is eyeing a hearing (see 2006040060). The senators wrote FCC Chairman Ajit Pai Thursday that it's “important that the FCC continues to make, and is able to make, decisions that ensure our spectrum is used for its highest and best use while also adequately addressing legitimate concerns about adopted spectrum policies.” Lee wants details whether the commission “gave other federal agencies notice of the final [Ligado] order" before its April release and what opportunities those agencies had to provide input. Others signing the letter included Senate Communications Subcommittee Chairman John Thune, R-S.D., and ranking member Brian Schatz, D-Hawaii. The commission is “reviewing” the letter, a spokesperson emailed Friday.

Working remotely will remain mandatory for FCC employees at least through June, and a voluntary option at least through the end of August, Chief of Staff Matthew Berry told us last week. Since results of mandatory telework during the pandemic have been generally favorable, longer-term the commission "almost certainly" will be more liberal in telework policies, he said.

The U.S. Court of Appeals for the D.C. Circuit should deny Chinese-language radio broadcaster Foundation for a Beautiful Life’s emergency request for a stay order to allow its Saratoga, California, low-power FM station to continue broadcasting, the FCC said in an opposition filing Tuesday. “Given the company’s clear and repeated flouting of FCC rules and procedures, the Bureau was fully justified in refusing to authorize FBL to operate the station.” FBL constructed its station in Saratoga several miles from the Cupertino location in which it was licensed, and continued broadcasting after having its license application dismissed and without waiting for the agency to rule on a special temporary authority request the FCC said was improperly submitted. FBL sought the STA to provide information on COVID-19 to Cupertino’s Mandarin-speaking population, the FCC filing said. “FBL has no right to operate a radio station in northern California because it has never obtained a license from the Federal Communications Commission to do so."

Cities struggling with COVID-19 asked the FCC Tuesday to delay a planned June 9 FCC vote on CTIA and Wireless Infrastructure Association proposals for wireless infrastructure clarity until they have more time to respond. A few local governments filed in support of the rules (see 2005290052). House Commerce Committee Democrats and Republicans delivered diverging opinions about FCC plans to consider the declaratory ruling next week.

FCC Chairman Ajit Pai questioned Twitter’s policies, as the platform for a second day flagged President Donald Trump’s tweets (see 2005280060). Pai asked Friday whether tweets from Iran Supreme Leader Ali Khamenei violate platform rules about glorifying violence, rules that Twitter cited in flagging Trump.

Since it began holding commissioners’ gatherings via teleconference March 31, the FCC reduced news briefings it holds after monthly meetings. Eighth-floor officials suggested logistical and technical concerns could be factors. Republican commissioners have held all of the few post-meeting media briefings, while Democratic commissioners and bureaus held none. Chairman Ajit Pai held one.

The California Public Utilities Commission suspended the state LifeLine renewal process for 90 days in a unanimous vote on the consent agenda at the agency’s livestreamed virtual meeting Thursday. The proposed decision authorized staff to extend renewals “for so long as the renewal processes of other state public assistance programs remain suspended due to the COVID-19 emergency,” temporarily suspend the non-usage rule as long as the FCC does the same for the federal program, and reimburse providers for federal subsidies they can’t collect if the state renewals suspension goes beyond federal suspension. During the pandemic, LifeLine “has been very important for people to be able to communicate,” said Commissioner Genevieve Shiroma. Also by unanimous consent, the CPUC adopted a resolution to streamline the eligible telecom carrier designation process for the FCC’s Rural Digital Opportunity Fund recipients. It applies only to bidders with existing operating authority in California. The CPUC postponed until the June 11 meeting a vote on allowing staff to file comments due July 6 on an FCC NPRM about eliminating price regulation and tariffing of phone access charges (see 2005200006).

President Donald Trump signed an executive order Thursday that would remove liability protections for online platforms that censure or edit content (see 2005270016). There would be a role for antitrust agencies and the FCC, whose commissioners reacted along party lines to the EO. “We’re here today to defend free speech from one of the greatest dangers,” Trump said, claiming tech monopolies have “unchecked power” to censor and restrict human interaction.

Net neutrality stakeholders didn't budge on three remanded issues (see 1910010018), in replies to the FCC posted through Thursday in dockets including 17-287. "Concerns noted by the Mozilla court on three discrete issues do not justify abandoning the Commission’s decision to return to [Communications Act] Title I classification as the benefits of the regulatory framework ... vastly outweigh any potential costs," USTelecom said. Common Cause, Public Knowledge and New America’s Open Technology Institute want the FCC to retain Title II common carrier authority over broadband and "restore legal certainty for the Lifeline program, empower the Commission to protect public safety during the COVID-19 pandemic." The Greenlining Institute wants the FCC to "acknowledge the lessons of the COVID-19 pandemic and the importance strong net neutrality protections" have for public safety. CTIA said "concerns regarding paid prioritization’s impact on public safety are theoretical, have not materialized." The Alarm Industry Communications Committee said "state and local laws often impose service standards that alarm companies may not be able to meet without adequate protection of their use of broadband networks." Verizon said there's ample evidence to find "no reason to revisit its decision to restore the information service classification for broadband." NCTA wants the FCC to conclude its current regime "is fully warranted from the perspective of public safety, pole access, and the Lifeline program." Incompas countered claims there have been no major net neutrality violations since the repeal: "In addition to the fact that there is no longer a federal 'cop on the beat' ... there very well could be violations occurring that customers do not realize." AT&T said the FCC "has ample ancillary authority to extend section 224 rights to standalone broadband providers if it concludes that doing so is necessary for competitive parity in non-certifying states, just as it has ancillary authority to extend Lifeline support to standalone broadband services." ACA Connects said the FCC "cannot and should not upend its entire regulatory framework for broadband merely to cater to the interests of broadband-only providers in invoking" one-touch, make-ready pole attachment rules. The Wireless ISP Association wants the FCC to use its statutory authority to eliminate practices that slow down broadband deployment, such as discriminatory infrastructure access. Other replies came from the Broadband Institute of California at the Santa Clara University School of Law (here), Center for Democracy and Technology (here) Free Press (here) and the California Public Utilities Commission (here), which unsuccessfully sought a longer deadline extension due to the pandemic (see 2005200013). Initial comments came in last month (see 2004210019).

Major associations wrote congressional leaders Thursday backing legislation funding replacement of Huawei and ZTE equipment in U.S. networks. Industry questioned the FCC approach on equipment by the two Chinese companies, in comments on how provisions in the Secure and Trusted Communications Networks Act affect supply chain security rules. The March law lacks funding for gear replacement (see 2003130083). Industry representatives told us they hope lawmakers fund it soon.