Federal Communications Commission (FCC)

Federal Emergency Management Agency acting Chief Component Human Capital Officer Bridget Bean (see this section, Aug. 28) becomes FEMA assistant administrator-grants programs ... Washington state Utilities and Transportation Commission moves Amy Andrews to director-policy ... AT&T Senior Vice President-Global and External Public Affairs Margaret Peterlin (see this section, July 10) leaves following two-month stay to advise Jim Cicconi (see this section, Sept. 17).

FCC allies in Tuesday's federal court decision on the Communications Act Title II rollback order (see 1910010018) consider appeal unlikely. Petitioner allies are less sure. California and Vermont’s litigated net neutrality laws remain on hold, those states’ attorneys generals confirmed Wednesday.

Parties on both sides declared some victory from the U.S. Court of Appeals for the D.C. Circuit's decision Tuesday on appeals of the FCC 2018 Communications Act Title II broadband service regulation rollback. Backers of the order cheered most of the decision, while critics pointed to the court rejecting pre-emption of state and local regulations. There was partial dissent from Judge Stephen Williams and concurring opinions from Patricia Millett and Robert Wilkins. See our bulletins: 1910010016 and 1910010013.

Aviation Spectrum Resources Inc. (ASRI) said there's general support for FCC-proposed changes to Part 87 aviation radio service rules, in a June NPRM (see 1906060056). Replies posted Tuesday in docket 19-140. Others raised aeronautical mobile airport communication system (AeroMACS) concerns, mirroring initial comments (see 1909040057). “The Data Comm system has already improved the efficiency of ATC [air traffic control] operations resulting in major time savings and the elimination of read-back errors in which pilots and controller repeat spoken messages in order to ensure accuracy,” ASRI said: “Aeronautical enroute stations licensed in the upper half of the 136 MHz band have been utilized for Data Comm operations, but the time is rapidly approaching in which additional spectrum will be needed. Accordingly, ASRI asked the Commission to add aeronautical enroute stations to the list of facilities that may be licensed in the 136-136.475 MHz sub-band.” Federated Wireless said the FCC is correct to try to maximize spectrum efficiency here. It's “an opportunity for the Commission to ensure that the spectrum allocated for operations in the 5000-5030 MHz and 5091-5150 MHz bands … is used as densely and efficiently as possible,” Federated said: Leverage “to the maximum extent possible dynamic coordination and spectrum sharing technologies" and ensure “service rules for the AeroMACS Bands are technologically neutral and allow for the densest possible use of the spectrum at and in the areas surrounding airports.” Adopt service rules for AeroMACS, the WiMax Forum said. “The record confirms the momentum,” the group said: “Commenters of all stripes -- airline, airport, airframe manufacturer, and aeronautical communications network provider stakeholders, among others -- reiterate the benefits of AeroMACS and support the adoption of service rules.” Boeing said the rules need more work. Ensure non-aircraft licensees “have sufficient experience,” designate a frequency coordinator “with appropriate qualifications” and preclude AeroMACS deployments “at airports with significant flight testing activities,” Boeing commented. Lockheed Martin recognizes AeroMACS has priority over aeronautical mobile telemetry “but urges the Commission to establish a sufficiently flexible licensing and operational framework that does not unfairly prejudice [aeronautical mobile telemetry] operations at the manufacturing locations where the subject frequencies would be required for use. Priority should not be construed as a regulatory status to mean exclusivity of operations.”

The U.S. Court of Appeals for the D.C. Circuit upheld much of the FCC reclassifying broadband service as a Title I Communications Act information service, with some exceptions including on pre-emption for states' own regulations. The ruling also included a partial dissent from Judge Stephen Williams and concurring opinions from Patricia Millett and Robert Wilkins.

“Service quality issues remain a high priority” for the California Public Utilities Commission as it closes an investigation into intrastate rural call completion, said a decision cleared Thursday by unanimous consent at commissioners' livestreamed meeting. It said commission staff and others completed tasks from a 2017 decision. Stakeholders should continue raising concerns in proceedings on telecom service quality in emergencies, it said. The CPUC noted it's weighing carriers’ confidentiality claims on a completed study of AT&T and Frontier networks and facilities: “This report gives us additional, in-depth information on service quality issues, and offers a basis for the Commission to consider next steps to address these issues in a more comprehensive and informed way.” Also by consent, the state agency authorized staff to weigh in on an FCC request for comments on information collection due Oct. 3, and an FCC public notice seeking comment by Sept. 30 on an AT&T federal Communications Act Section 214 application in docket 19-238 to discontinue certain services in California and several other states. CPUC members voted 5-0 to extend to Sept. 29, 2020, the statutory deadline in its docket on an interconnection fight between AT&T and Vaya Telecom. That allows for the proceeding’s second phase (see 1909240012) and consideration of a Vaya rehearing request, said Commissioner Liane Randolph.

TAMPA -- Local telecom officials and their legal representatives are wary of future federal moves to encroach on their authority. They identified a wide gulf between their need for oversight of and compensation from providers and FCC actions this year and last, plus expected future agency deregulation. In interviews this week on the sidelines of their annual conference, NATOA board members and others had much criticism for the agency.

A fight's brewing in California over whether a state commission can study broadband affordability. Consumer advocates urged the California Public Utilities Commission last week to keep broadband part of a proposed framework for reviewing affordability of essential services. AT&T, cable and small telecom carriers disagreed, saying federal law stops the state commission from scrutinizing broadband.

TAMPA -- Municipal relations with carriers are generally better than with the FCC, some local representatives told us Monday. A lawyer for localities and a consultant to them criticized the FCC for tensions. A cable and telecom official from a Washington suburb and a NATOA board member who's a utility-company lawyer said they're getting along OK with wireless-service providers.

Rural broadband providers want the FCC to update or clarify eligibility requirements for applicants in its upcoming Rural Digital Opportunity Fund (RDOF) auctions to award up to $20 billion in USF dollars to companies that can deliver high-speed broadband to unserved and underserved parts of rural America (see 1908010060). In comments posted through Monday on docket 19-126, industry groups differed on whether and how to expand the pool of applicants that could receive the federal funding to deliver high-speed internet service to remote communities.