Federal Communications Commission (FCC)

The FCC Consumer Advisory Committee approved recommendations to the agency by its Truth-in-Billing (TIB) Working Group. CAC was also warned that scam robocalls are evolving under COVID-19 and consumers need to be vigilant. Members met virtually Monday.

Industry, policymakers and consumer advocates are seeking new ways to expand Lifeline enrollment and benefits in response to the public health and economic crisis, we're told. Some advocates are pursuing emergency funding to provide a more robust residential broadband Lifeline benefit to meet the demands of working and learning at home. Stay-at-home orders put restraints on Lifeline promotion and enrollment.

Commissioners are expected Thursday to approve 5-0 an order and Further NPRM allowing unlicensed sharing throughout 6 GHz, FCC and industry officials said in interviews last week. A few tweaks are anticipated, but no material changes, despite widespread concerns raised by many groups about harmful interference from indoor devices that don’t use automated frequency control (AFC). Chairman Ajit Pai said agency engineers fully vetted the technology and believe sharing doesn’t pose a risk to the huge number of incumbents across the 1,200 megahertz (see 2004060062).

It took White House proxy support and concerns about commercial spectrum being essentially claimed by federal agencies to break the years-old logjam of Ligado's proposed terrestrial use of L-band spectrum with FCC Chairman Ajit Pai's decision to circulate a draft approval order (see 2004160019), we were told Thursday. Swift action could be next, with multiple commissioners' offices expecting to vote on it this week. An array of primarily aerospace interests urged the FCC to close and dismiss the proceeding.

State regulators will scrutinize Frontier Communications as the midsize carrier goes through bankruptcy, commissioners told us Wednesday. Some felt reassured by the company pledging uninterrupted service and no change to selling some systems in the U.S. Northwest and West.

FCC workers and their National Treasury Employees Union praise the agency's precautions to protect employees from COVID-19. But NTEU filed an unfair labor practices grievance against the agency Monday over continuing contract negotiations during the pandemic, President Tony Reardon emailed us. The FCC acted faster than some other federal agencies, but critics told us none has responded quickly or well.

The California Public Utilities Commission teed up a COVID-19 resolution for members' April 16 meeting to retroactively apply emergency customer protection measures from March 4 until the emergency ends. Meanwhile, industry opposed CPUC plans for power backup, among other comments. Also Friday, the CPUC clarified a state LifeLine rule.

The FCC rejected Free Press’ emergency petition for inquiry into broadcasters airing allegedly false information about COVID-19 (see 2004060026). FCC Republicans slammed the petition as an attack on free speech. “At best, the Petition rests on a fundamental misunderstanding of the Commission’s limited role in regulating broadcast journalism,” said a Monday letter from General Counsel Tom Johnson and Media Bureau Chief Michelle Carey. “At worst, the Petition is a brazen attempt to pressure broadcasters to squelch their coverage of a President that Free Press dislikes.”

NTIA proposes potential changes to the spectrum relocation fund (SRF) as an appendix to a report to Congress the FCC was required to file under the Mobile Now Act. The commission didn’t provide the report or comment Thursday. “The most significant challenge to using the SRF to support sharing with unlicensed operations is likely to be funding, in terms of both ensuring a sufficient balance in the SRF and the budgetary implications of providing such funding,” NTIA reported: “Any increase in demand for funding from the SRF is potentially problematic, given the limited resources.” Federal agencies are under increasing pressure to share spectrum with industry and the public. Citizens broadband radio service relies on using Navy and other federal spectrum, and the FCC indicated agencies should have their sharing costs reimbursed (see 2002180061). One option would be to use “a portion of the anticipated or actual revenue from future (not yet scored) auctions,” NTIA said. Funds could come from current SRF balances, the agency said: “This option offers the potential for funding to be made available without the delay that is likely in connection with identifying a future, not-yet-scored auction. Significant obstacles to this approach are the need to identify scoring offsets for the new costs and the risks associated with directing SRF funds to this purpose that potentially could be needed for other uses.” Usage fees or fees charged to communications equipment makers or distributors is another option but “would require substantial further study to determine whether the collection of such fees would be practical” and would be “logistically complex and might not generate sufficient income.” Location costs would be supported by leasing fees for federal spectrum, the agency said, though “significant resources would be required by NTIA and other federal agencies to negotiate and manage these spectrum leases.”

The FCC proposed a $6 million fine against Lifeline prepaid wireless service provider TracFone, in a Thursday notice of apparent liability. The Enforcement Bureau said that in 2018, TracFone obtained federal Lifeline support for hundreds of ineligible subscribers in Florida. The 5-0 NAL came with statements from the two Democratic commissioners, citing in part the coronavirus. Sen. Ron Wyden of Oregon and 21 other Senate Democrats pressed TracFone and 20 other ISPs that receive Lifeline funds to improve service to low-income customers amid the pandemic.