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Jan. 30 Meeting Agenda

FCC RDOF Auctions Favor Fiber Networks in Draft

The FCC plans to prioritize bids for high-speed, low-latency broadband networks in the Rural Digital Opportunity Fund, said a draft rulemaking for docket 19-126 released Thursday. RDOF is one of several items that circulated from Chairman Ajit Pai. So far, it's shaping up to be the most watched item, and legislators expressed some related concerns.

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Other items slated for a Jan. 30 commissioners' vote are hearing aid compatibility for smartphones, work-at-home options for sign language translators in video relay services and an MVPD media modernization item (see 2001080049). The hearing aid NPRM was assigned new docket 20-3, the Wireless Bureau said.

The RDOF NPRM was released in August (see 1908010060), and its docket has had heated activity (see 1912190073). Early reaction to the news of the January vote was positive among industry and rural interests eager to have the first round of $20.4 billion funding allocated. NTCA said Thursday it's delighted the draft "appears to include a critical provision that would promote deployment of the best possible networks and delivery of the best possible services for the available budget." America's Communications Association said Pai's January agenda looks to "deliver on his promise to give unserved consumers high-performance broadband, taking a major step to close the digital divide." National Grange President Betsy Huber called the announcement "an incredible win for our rural communities."

A VRS draft order would “permanently authorize VRS providers” to let communications assistants (CA) working at home handle VRS calls if the provider meets “applicable personnel, technical, and environmental standards,” said a fact sheet. The draft adopted the standards used in the pilot program but eliminated a requirement that communications assistants have three years of VRS experience. The order would instead require three years of sign language experience. The order would nix specific procedures for terminating assistants and certification requirements. “VRS providers have sufficient incentives to ensure at-home CAs comply with the Commission’s rules without adopting paperwork rules on these matters,” the draft says. It would up from 30 to 50 the limit on percentage of a provider's monthly minutes that at-home assistants can handle.

A draft NPRM on hearing aid compatibility for mobile phones seeks comment on updating rules to reflect new technical standards from the American National Standards Institute. The agency’s current rules are based on 2011 standards, said a fact sheet. The draft NPRM proposed a transition period under which either the 2011 or 2019 standards would be allowed for two years before requiring exclusive use of 2019 standards. The NPRM would seek comment on updated labeling requirements and on ways to simplify hearing aid compatibility rules.

5G USF Mapping Concerns

Concerns remain the RDOF proposes to commit 75 percent of the program's funding, up to $16 billion, in its first round before it addresses problems with rural broadband mapping (see 1910220005).

Commissioner Jessica Rosenworcel's office emailed us that "the agency looks to be rushing its newest effort out the door before it even tries to fix the fundamental problems with its broadband maps. Everybody knows how poor the agency's information is about where service is and is not."

Five senators urged the FCC Thursday to ensure it improves broadband coverage data collection before moving forward with the 5G Fund plan. House Commerce Committee leaders raised questions about the plan last month (see 1912190089). “We have some serious reservations about the recently announced 5G Fund and the decision to focus these limited mobile broadband deployment dollars on the promise of a 5G future when many places in our states still lack 4G service or do not have any service at all,” the senators wrote FCC Chairman Ajit Pai. “To stand any chance of connecting rural Americans, the FCC needs a more accurate method of data collection, a strong challenge process, and a funding process that includes terrain factors to ensure that the hardest to serve places can compete for limited funding.” Sen. Joe Manchin, D-W.Va., led the letter. The other signers are Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La.; Marsha Blackburn, R-Tenn.; James Lankford, R-Okla.; and Jon Tester, D-Mont.

The FCC should "learn" from the Mobility Fund Phase II process, in part by ensuring coverage data is “collected based on more specific parameters that better reflect minimum on-the-ground network performance,” the senators said. They encouraged the FCC to continue to factor “challenging topographical features” into the 5G Fund process. Their states' "natural features make the construction of critical broadband infrastructure far more expensive," they wrote. "Without a terrain factor or a high cost set aside, we cannot compete.”

"As our nation transitions to 5G wireless networks, it no longer makes sense for the FCC to make a major, multi-year funding commitment to the deployment of 4G in rural America," an FCC spokesperson emailed. "Those dollars should instead be devoted to advanced networks that will stand the test of time. [Pai] believes that rural Americans should not be left behind when it comes to the substantial benefits that the next generation of wireless connectivity will bring. And with the 5G Fund along with the right combination of spectrum, there is no reason why they should be."

No RDOF Delay

"We disagree with commenters who argue that the Commission should delay the auction until it has more granular data," the RDOF draft said. "The primary shortcomings of FCC Form 477 data do not come into play under the two-phased framework."

FCC officials acknowledged Wednesday auctions for the first round could happen this year, before updated broadband mapping is available, and would target roughly 6 million locations in rural counties known to be completely unserved by fixed voice or broadband with performance of at least at 25/3 Mbps. Areas with 10/1 broadband would be eligible for this round. Areas in which Connect America Fund support is already committed for 25/3 Mbps buildouts wouldn't be eligible, officials said on condition they not be identified nor quoted verbatim. "We will exclude those areas awarded funding through the U.S. Department of Agriculture's ReConnect Program" (see 2001090022), the draft said.

Stakeholders who want rural broadband programs "future-proofed" because support is given over a 10-year period won concessions. "Our goal to close the digital divide is balanced against our goal to support the deployment of future-proof networks by this auction," draft said. It said once the reverse auction hits the clearing price, the program will allocate support in each area to the bidder in the faster speed tier when there's more than one bid. "In the clearing round, the bidding system will take into account the combined performance tier and latency weight when assigning support to bidders competing for support in the same area at the base clock percentage," the draft said. Officials said tiers will be weighted by performance (the lower the score, the better the bid): 25/3 will be weighted at 50, 50/5 at 35, 100/20 at 20, and gigabit/500 Mbps at zero.

The agency doesn't expect the approach to adversely affect competition overall: "We still will accept competitive bids proposing to offer performance that meets or exceeds the minimums at each performance tier and latency, but once the auction has identified those bids that are within the Phase I budget, we will prioritize selection of bidders that propose to offer the highest speeds, most usage and lowest latency."

Special weighting will go to bidders to serve tribal areas, especially those lacking 10/1 Mbps. "To account for the unique challenges of deploying broadband in rural Tribal communities, we will use a funding threshold of $30 per month," the FCC draft said. It will offer similar incentives in other rural areas unserved by 10/1. The agency says commenters broadly supported its plans for a nationwide, multi-round reverse auction with competition within and across eligible geographic areas, as it did with CAF II. All winning bidders would commit to offering voice services and broadband to all eligible homes and businesses in their areas.