Federal Communications Commission (FCC)

The FCC approved revised rules for the 3.5 GHz citizens broadband radio service band, as expected (see 1810160068), over a dissent by Commissioner Jessica Rosenworcel. Commissioner Mike O’Rielly, who crafted the revised rules, said changes were necessary to spark interest in the priority access licenses that will be sold as one tier of the band.

FCC Chairman Ajit Pai will likely face a shift in Capitol Hill oversight scrutiny in 2019 if one or both chambers shift to a Democratic majority in November elections, lawmakers and communications sector officials told us. That appears unlikely to endanger Pai's ability to lead the FCC any more than it has for other chairmen who faced lawmakers amid changing electoral fortunes, former commission officials predicted. Capitol Hill Democrats have had a sometimes-tense relationship with Pai since his chairmanship began in early 2017 (see 1807250043). Democratic leaders are generally eyeing more rigorous oversight of President Donald Trump's administration if they win control of a chamber.

The FCC is thought likely to move forward on rules that bar use of money in any USF program to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain. Commissioners approved an NPRM 5-0 in April (see 1804170038). CTIA and other carrier groups' comments raised concerns (see 1807050028), but industry officials said the FY 2019 National Defense Authorization Act may require FCC action.

The Pennsylvania Public Utility Commission could regulate pole attachments better than the FCC, commented fiber company NetSpeed, posted Tuesday in docket L-2018-3002672. Comments are due Oct. 29 on a rulemaking on asserting state jurisdiction over pole attachments and creating a forum for dispute resolution (see 1807250039). PUC “expertise regarding electric utilities and electric distribution service will provide a basis for wise regulation that the Federal Communications Commission unavoidably lacks,” NetSpeed said. “One of the drawbacks of the FCC’s pole attachment complaint process is that it typically does not result in a decision for many months.” A speedier process in Pennsylvania would encourage fiber investment, it said. The company supported adopting the existing federal regime there, not a mechanism to automatically adopt federal changes.

Public Knowledge and the FCC traded words over whether telecom deregulation is hampering service restoration efforts after Hurricane Michael. PK said FCC Chairman Ajit Pai and Florida Gov. Rick Scott (R) failed to "take responsibility for how their radical deregulation of telephone service has contributed to this unfortunate situation." The FCC said it's "disappointing but not surprising that a left-wing special-interest group is making cheap and false political attacks while people in the Florida Panhandle are suffering." Pai plans to visit the area Friday. Verizon Wireless said it continues to make progress restoring service.

An NCTA-led coalition said the FCC should take a fresh look at the 5.9 GHz band sought for Wi-Fi. The FCC has been looking at sharing the band between Wi-Fi and dedicated short-range communications (DSRC) since 2013 (see 1301160063). With the agency considering shared use of the 6 GHz band in an NPRM set for a vote next week, coalition members said a new look at 5.9 GHz makes sense.

Supporters of the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act took center stage at a Friday Senate Commerce Committee 5G deployment field hearing in Sioux Falls, South Dakota, to extol the bill's virtues. FCC Commissioner Brendan Carr and other national and state stakeholders endorsed the bill in written testimony, as expected (see 1810090049). S-3157, filed in June by Senate Commerce Chairman John Thune, R-S.D., and Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, aims to implement a “reasonable process and timeframe guidelines” for state and local small-cell consideration (see 1806290063). The friendly panel was in contrast to opposition S-3157 faces from other state and local governments (see 1810040055).

Florida counties are working together to ensure 911 calls are answered from places hit hard by Hurricane Michael, county emergency management officials told us Friday. The hurricane left some Virginia 911 call centers running on generators, state officials there said. The FCC Disaster Information Reporting System (DIRS) communications status report Friday included nine Georgia counties added Thursday at the Federal Emergency Management Agency’s request, bringing the total number of counties covered to 110.

The FCC said restoration of "light-touch" broadband regulation reflects the best read of the Communications Act and its goal of an internet "unfettered" by federal and state regulation. The "internet freedom" order is backed by the agency's "legal analysis, public policy concerns, and the extensive record," said the FCC/DOJ brief Thursday, responding to challenges (see 1808210010) in the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC, No. 18-1051. Though the decision reversed a 2015 Title II net neutrality order, the FCC "had ample discretion, following a 'change in administrations' to reevaluate its policies," it said, citing the 2005 Supreme Court Brand X deferring to the commission classification of cable broadband as a Title I information service.

An FCC business data service deregulatory draft isn't looking very contentious as commissioners head toward a planned vote at their Oct. 23 meeting. Stakeholders aren't expecting major changes to the order and two Further NPRMs, though tweaks are possible. Rural telco representatives are largely supportive and no opposition has surfaced so far in the draft's docket.