Federal Communications Commission (FCC)

Rural and small ISP officials urged Congress to step in to complement FCC actions aimed at fixing the agency's broadband coverage data collection practices. The appeal came during a House Small Business Committee Infrastructure Subcommittee hearing Tuesday. They cited legislation and the commission's planned August vote on a proposal from Chairman Ajit Pai (see 1906120076). The broadband mapping issue has repeatedly drawn the ire of lawmakers (see 1905150061). The House Rules Committee, meanwhile, cleared for floor consideration three broadband-related amendments to the FY 2020 budget bill (HR-3351) containing funding for the FCC and FTC (see 1906240061).

Computer & Communications Industry Association Policy Counsel John Howes leaving CCIA; Howes has begun working at the Wireless Infrastructure Association, where he was hired as government affairs counsel, WIA confirms to us ... Alignment Government Strategies hires from Williams & Jensen Tracy Taylor as counsel; she'll lobby for the firm's clients including Discovery, firm tells us ... U.S. Chamber of Commerce hires from Subject Matter Tim Doyle, also ex-CTA, as vice president-communications ... Information Technology Industry Council hires Vivien Zuzok, ex-Grayling, as senior manager-policy, Europe.

Kentucky Lifeline subscribers may be decreasing partly due to the FCC and Universal Service Administrative Co.’s Lifeline national verifier rollout, said a group of RLECs and CLECs. They commented Wednesday in docket 2016-00059 at the Kentucky Public Service Commission about possible changes to state Lifeline support. Kentucky should expand state Lifeline support to include mobile service, revisiting a 2017 decision to limit it to landline carriers with declining enrollments, wireless companies said.

States are still deciding if they should join New York and nine other AGs suing to stop T-Mobile from buying Sprint, AG offices told us this week. Completing the deal could depend on the state case, unless a global settlement satisfies everyone involved, said Pennsylvania State University law professor Susan Beth Farmer. A pre-trial status conference scheduled Friday in New York is expected to be for scheduling purposes, and the court probably won't decide then on a preliminary injunction, said a spokesperson for New York AG Letitia James (D). The lawsuit was filed at U.S. District Court for the Southern District (see 1906140041).

The Supreme Court handed down what's essentially a middle of the road decision in a junk fax case, PDR Network v. Carlton & Harris Chiropractic, but its decision has implications for the FCC and the communications bar, lawyers following the case said Thursday. The opinion was expected to answered the question of whether the FCC has the long-assumed power to exclusively implement the Telephone Consumer Protection Act (see 1904250006) but stopped well short of that. The issues raised appear far from settled for the FCC, since four of the justices would have gone further, lawyers said.

The Maine Public Utilities Commission should prescribe new rates for pole attachments effective Jan. 1, based on the FCC cable rate formula, said a CLEC lawyer at a PUC rulemaking hearing in docket 2019-00028 livestreamed Wednesday. Consolidated Communications said Maine should keep its current Chapter 880 formula. Unknown RF danger is one reason to treat wireless attachments differently from pole attachments, the ILEC said.

Defining disaster, aligning responders and consolidating standards are early challenges for the FCC rechartered Broadband Deployment Advisory Committee’s working group on disaster response and recovery, members said at their first meeting Thursday. BDAC’s “next mission,” which also includes increasing broadband in low-income communities and infrastructure job skills and training, is “absolutely vital,” even if those issues are “not on the front page every day,” Chairman Ajit Pai told the group.

FCC Chairman Ajit Pai and other commissioners placed blame for recent hiccups in work to free up spectrum for commercial 5G use squarely on the Commerce Department and NOAA, during a Wednesday Senate Commerce Committee hearing. Pai used the panel to announce pending FCC action to improve the agency's broadband coverage data collection practices, which have come up repeatedly in Capitol Hill communications policy hearings (see 1905150061). Senators also used the panel to probe FCC actions on other communications policy items, including GOP commissioners' public support for T-Mobile's proposed buy of Sprint.

Plaintiffs made initial arguments at the 9th U.S. Circuit Court of Appeals, which will hear challenges to the FCC’s wireless infrastructure changes that were aimed at speeding build out of small cells and 5G. Court watchers said what the 9th Circuit will do is difficult to predict, though it may prove unfriendly to President Donald Trump’s FCC.

T-Mobile's buy of Sprint faces an antitrust lawsuit from New York, eight other states and the District of Columbia. Democratic attorneys general sued Tuesday in U.S. District Court for the Southern District of New York, ahead of decisions by the FCC, DOJ and California Public Utilities Commission. Because "the effect of T- Mobile’s merger with Sprint 'may be substantially to lessen competition,' the Court should permanently enjoin the merger," the lawsuit said. States contacted DOJ and carriers, and “negotiations are ongoing,” said New York AG Letitia James (D) at a livestreamed news conference.