Federal Communications Commission (FCC)

The California Public Utilities Commission postponed a vote planned for Thursday on a proposal to affirm text messaging is subject to state USF and other “public purpose program” surcharges. Commissioner Carla Peterman held the item until Jan. 10 for “further review,” said a CPUC hold list released Monday. A CPUC spokesperson didn’t elaborate. The agency shifted an item on California LifeLine pilot programs to Thursday’s consent agenda, which means it will be taken up with many other items and won’t require discussion. Consideration of the texting item was complicated by an FCC vote expected Wednesday to clarify wireless messaging as a federal Communications Act Title I information service, rather than a more regulated telecom service (see 1812050019).

The FCC was correct to renew the license of Fox Television Stations' WWOR-TV Secaucus, New Jersey, in July, said Chairman Ajit Pai in a November letter responding to New Jersey Sens. Cory Booker and Robert Menendez, both Democrats, posted online Friday. “Even the evidence presented by those seeking denial of the license renewal ultimately supported the finding that WWOR-TV significantly covered New-Jersey-centric issues, including New Jersey politics." The vote to renew WWOR was unanimous. “I know you agree with me that the Federal Communications Commission should not put itself in the newsroom to second-guess the editorial decisions of journalists,” Pai wrote. Renewal “raises a serious question” about what a local citizen “would have to demonstrate for the FCC to deny a license renewal based upon the inability of WWOR (or any other station) to serve its local community,” wrote Booker and Menendez.

Debate continues whether the FY 2019 National Defense Authorization Act means the FCC can bar use of USF money to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain (see 1811190033). Replies largely followed the same lines as initial comments. Most said the NDAA clearly doesn’t apply here.

Industry witnesses at a Tuesday House Communications Subcommittee hearing will laud the passage and ongoing implementation of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute, in written testimony. They will outline additional legislative measures for consideration in the 116th Congress. The House Communications hearing is expected to emphasize the statute's language to aid the broadcast incentive auction repacking process. Lawmakers are likely to again raise concerns about the FCC's broadband coverage data mapping practices (see 1812070040). The hearing begins at 2 p.m. in Rayburn 2322.

NTIA's request federal wireless users assess their long-term spectrum needs (see 1811300046) is partly an attempt to plan for addressing continuing private-sector demand for access to government frequencies, said Administrator David Redl at Friday's Practising Law Institute conference. Nearer term, he voiced optimism about spectrum sharing and making prized mid-band spectrum available.

The FCC will investigate if top wireless carriers submitted incorrect coverage maps in violation of Mobility Fund Phase II rules, Chairman Ajit Pai said Friday. The commission suspended the window for responding to MF-II challenges until the probe’s conclusion. Carriers said they'll cooperate. FCC Commissioner Jessica Rosenworcel, state commissioners and rural competitive carriers welcomed investigation, saying more work is needed.

The FCC without fanfare included its latest Measuring Broadband America reports in draft appendices to a draft communications market report -- mandated by Ray Baum's Act -- slated for a vote at commissioners' meeting Wednesday. Commissioner Jessica Rosenworcel criticized the "slow" release of MBA reports that she and others said were "buried" in a long document. They generally show the median consumer broadband speeds of ISPs participating in tests continue to rise, with cable companies at the top, followed by telco fiber and satellite, and telco DSL at the bottom.

The House and Senate Commerce committees are likely to make the Satellite Television Extension and Localism Act reauthorization debate and further work on spectrum and broadband-centric legislation some of their top 2019 priorities, said telecom aides during a Thursday Practising Law Institute event. Aides also cited interest in continuing to talk about net neutrality policy next Congress. Lawmakers and communications lobbyists we recently interviewed were skeptical of progress on a net neutrality compromise given the upcoming shift to split partisan control of Congress (see 1811290042). FCC Commissioners Mike O'Rielly and Jessica Rosenworcel meanwhile told PLI the commission shouldn't be cautious in pursuing policies to keep the U.S. competitive (see 1812060056).

Chairman Ajit Pai and Commissioner Jessica Rosenworcel clashed over the FCC denying media outlets Freedom of Information Act requests for data about who was commenting in last year's net neutrality proceeding. "What is the Federal Communications Commission hiding?" Rosenworcel asked in a statement Monday accompanying the order. Pai called Rosenworcel's critique "partisan gamesmanship."

FCC Chairman Ajit Pai said he asked staff to expand "engagement with Tribal stakeholders so that their views and insights more fully inform our efforts to identify and develop measures to address, unserved Tribal areas." He noted a recent GAO report urging improved FCC data collection on tribal broadband and input from tribal members (see 1809100041), writing to Reps. Frank Pallone, D-N.J, and Greg Walden, R-Ore., Commerce Committee ranking member and chairman, respectively, and other lawmakers, posted Wednesday in docket 18-5. Meanwhile, Pai responded to Sen. Ron Wyden, D-Ore., who voiced concerns about law enforcement use of cell-site stimulators (StingRays) to identify nearby devices and intercept calls. The FCC's role in such law enforcement use is "limited," wrote Pai: "We do not have the authority or expertise to determine which technologies are most appropriate for law enforcement use." Pai told Wyden: "You note a report from Canada and unsupported allegations that cell-site simulators cause significant interference to emergency services. Career Commission staff was unable to find actual test results by law enforcement authorities in Canada or any other credible evidence that authorized cell-site simulators used by federal law enforcement in the United States are failing to comply with the domestic requirement to cause a 'minimum of interference.'" Separately responding to Wyden cybersecurity concerns about Signaling System 7 vulnerabilities, Pai invited the senator or staff to visit the FCC to view a Communications Security, Reliability, and Interoperability Council risk assessment report "in camera," and to contact the Secret Service and FBI for data on breaches in customer proprietary network information, including SS7-specific breaches.