Federal Communications Commission (FCC)

Bipartisan interest in federal broadband funding mechanisms and criticism of FCC coverage data collection practices dominated Thursday's Senate Commerce Committee hearing on rural broadband, as expected (see 1810030055). The panel also became a forum for Senate Commerce Chairman John Thune, R-S.D., and other committee members to tout broadband-related legislation eyed for potential combination into a package bill (see 1807250056).

Most cellphones appeared to get wireless emergency alert test messages and most broadcasters appeared to transmit emergency alert system messages, but a number did not, based on a survey of our operations, some others, social media and events we attended during the simulation. On Twitter, #PresidentialAlert trended after the first nationwide test of the WEA system Wednesday. Early results of the fourth nationwide test of the broadcast EAS went largely as expected and mirrored past tests, said EAS officials and broadcasters. The WEA test started at 2:18 p.m. and lasted for 30 minutes, while the EAS test began at 2:20 p.m.

Wednesday’s wireless emergency alert test “will not adversely affect your service or device,” Verizon General Counsel Craig Silliman said Tuesday. Silliman posted information about the test due to "controversy on social media” about the alert (see 1809210032). The alerts are “really critical, lifesaving information” that citizens should want to receive, a Federal Emergency Management Agency official said Tuesday on a media call with FCC and FEMA officials who spoke on background, not allowing their names to be used. A journalist and two small-business owners in New York City sued (in Pacer) the government last week at the U.S. District Court for the Southern District of New York, claiming the presidential alerts violate First and Fourth Amendment rights to be free from government-compelled listening and warrantless trespass into cellular devices. People mightn't get the alert if their device is configured incorrectly or if they are on a phone call or have an active data session ongoing throughout the 30-minute window, the official said. The wireless industry is working on standards to address those issues, said another FEMA official. The first nationwide WEA test will start at 2:18 p.m. EDT and last 30 minutes, and the fourth nationwide emergency alert system exercise starts at 2:20 p.m., the agencies said. The WEA message will carry the header “Presidential Alert” and read, “THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed.” The EAS simulation will read: “THIS IS A TEST of the National Emergency Alert System. This system was developed by broadcast and cable operators in voluntary cooperation with the Federal Emergency Management Agency, the Federal Communication Commission, and local authorities to keep you informed in the event of an emergency. If this had been an actual emergency an official message would have followed the tone alert you heard at the start of this message. A similar wireless emergency alert test message has been sent to all cell phones in the nation. Some cell phones will receive the message. Others will not. No action is required.” The FCC looks forward to more dialogue and lesson sharing with stakeholders after the test, Public Safety Bureau Chief Lisa Fowlkes blogged Tuesday. The agency plans to engage with FEMA and wireless providers, and welcomes public feedback, she said. D.C. text alert subscribers received a notice about the WEA and EAS tests Tuesday. The test was previously postponed due to response efforts to Hurricane Florence.

DOJ likely will convince the courts to throw out California's new net neutrality law, analysts told us Monday. Attorney General Jeff Sessions and other supporters of the FCC's recent broadband regulation rollback voiced confidence in DOJ's lawsuit, filed in federal court as SB-822 was signed by California Gov. Jerry Brown (D) Sunday. FCC Chairman Ajit Pai, Commissioner Mike O'Rielly and their supporters welcomed the suit, while Commissioner Jessica Rosenworcel and net neutrality advocates criticized it, and industry rivals called for congressional legislation.

House Communications Subcommittee members drew two competing pictures during a Thursday hearing on how federal statute is governing the media marketplace. House Majority Whip Steve Scalise, R-La., argued that the 1992 Cable Act is too outdated to still be effectual given the rapid growth of virtual MVPDs and over-the-top providers. Other Republicans noted changes in the landscape. House Communications ranking member Mike Doyle, D-Pa., and other Democrats trained their fire on how FCC actions under current Chairman Ajit Pai could negatively affect people who primarily rely on over-the-air broadcasting for content. The hearing included a focus on Scalise's Next Generation Television Marketplace Act (HR-6465) and the upcoming 2019 debate on Satellite Television Extension and Localism Act (STELA) reauthorization, as expected (see 1809260054).

A pending report to Congress required by the Spectrum Pipeline Act should make clear the threat to smaller entities from a notice of proposed rulemaking last year on changes to the rules for the citizens broadband radio service band, the Wireless ISP Association said in reply comments in docket 14-177. In initial comments, NTIA and others encouraged the FCC to make more spectrum bands available for 5G (see 1809110040). The FCC sought comment on the initial rules creating the shared CBRS band and on other bands that can be reallocated for broadband (see 1808100033). The NPRM “threatens to pull the rug from under stakeholders who, in reliance on the 2015 rule changes, made significant, long-term investments in preparation for launching innovative products and services -- including those targeting rural and underserved markets -- utilizing the CBRS band,” WISPA said in comments posted Thursday The FCC can rightfully report that the results of the 2015 rules were “positive and promising,” WISPA said. “But ... the Commission must also report on the chilling effect the 2017 NPRM has had on those changes.” The Utilities Technology Council said it opposes comments in the record that “seek to downplay the complexity of expanding the use of the 6 GHz band … and the associated risks of interference to the safety, security and reliability of electric, gas and water services, as well as numerous other services that depend on the 6 GHz band for mission-critical communications.” Federated Wireless said the FCC should report that CBRS “will play a critical role in providing the mid-band spectrum access needed to ensure that the United States leads the world in the race to 5G.” Federated said there's significant support in the record on the importance of that band. “It is paramount that the Commission continue its work to expeditiously authorize CBRS initial commercial deployments and issue final certifications to Spectrum Access System Administrators and Environmental Sensing Capability Operators to enable full commercialization of the CBRS band,” Federated commented.

The FCC approved a declaratory ruling and order designed to speed the deployment of small cells and 5G across the U.S. Commissioner Jessica Rosenworcel, whose vote had been in doubt (see 1809200007), partially dissented and partially concurred Wednesday.

Parties urged new FCC actions to combat unwanted robocalls, differing on specifics. Telecom providers seek more call-blocking authority with regulatory flexibility; consumer groups recommend a more prescriptive approach; and telemarketers want fine-tuning to better target illegal calls and reduce "false positives" blocking legal calls. Comments were posted through Tuesday on a public notice to update the record in docket 17-59, after a November order authorized voice providers to block calls deemed highly likely to be illegal: from phone numbers on a "Do-Not-Originate" list and "those that purport to be from invalid, unallocated, or unused numbers."

Appoint an independent commission to examine communications failures in Puerto Rico after Hurricane Maria, said a letter to FCC Chairman Ajit Pai from consumer groups, academics and advocates. They include former Commissioner Gloria Tristani, Free Press, the National Hispanic Media Coalition and Center for Media Justice. “There is still much we do not know about the response of telecom companies and our government,” the letter said. The damage to communications “apparently contributed significantly” to the recently adjusted multi-thousand person death toll by preventing residents in danger for calling for help, the letter said. Though the FCC issued a report in August (see 1808240052) on its hurricane response, it “failed to provide the kind of comprehensive examination that is needed following such a historic tragedy in Puerto Rico,” the letter said. Recent reports on the disaster from GAO and the Federal Emergency Management Agency also don’t go into enough depth on communications challenges and solutions for Puerto Rico, the letter said. The agency should analyze those issues in depth, and hold bilingual public hearings in Puerto Rico, the letter said. Commissioner Jessica Rosenworcel, who in the letter is quoted criticizing the FCC’s report, also sought such hearings (see 1709260044). Without more FCC investigation, it’s difficult to know how to direct the additional USF payments aimed at restoring service to the island, the letter said: “Puerto Ricans deserve a comprehensive examination, from an independent commission, that fully explores the causes for the critical failure of communications infrastructure.”

ISPs seeking pole attachment expanded calls for the Maine Public Utilities Commission to adopt the FCC rate formula, after Consolidated Communications and other pole owners reported they would have to charge much less using the federal method. Maine reverse pre-empted the FCC. Now, the PUC is weighing adopting in docket 2018-00010 the FCC newer method for setting rates (see 1807240019). Consolidated wants the PUC to keep Maine’s Chapter 880 formula allowing higher rates, even though it actually sets rates by private contract like other pole owners there.