Beyond just new deployments, fixed broadband providers also have to report upgrades or discontinuances of existing offerings or the sale of existing broadband-capable network facilities within six months, said the final broadband mapping order adopted last week by the FCC (see 1908010007) and released Tuesday. But that language wasn't in the draft, according to our analysis. The draft order said the agency would leave Form 477 in place, subject to some modifications, but the final order elaborates on that, with the agency saying its deployment data will still be "a useful reference point." The Second Further NPRM adopted with the Digital Opportunity Data Collection order also elaborates on questions to be asked about fixed wired deployment reporting. The final order adds a question about measures and methods for ensuring data interoperability and needing the least amount of post processing. It also asks whether providers should be sanctioned for submitting inaccurate data without clear evidence the provider intentionally did so, and how to handle situations in which the filer is unintentionally negligent in submitting inaccurate data. The adopted NPRM adds questions about digital opportunity maps and datasets being used for other universal service programs such as E-rate and Rural Health Care. On crowdsourced data, the NPRM now asks about the appropriate time period "if any" for fixed providers to respond to a complaint. The adopted NPRM also raises the idea of the FCC establishing standards and processes for resolving disputes between providers and stakeholders about whether service actually is available at a given location. The notice also suggests possible enforcement actions for pervasive reporting errors, bad faith or refusal to refile a coverage polygon found to contain inaccurate information. It adds questions about whether creating a location-based database should be done in parallel with establishing an online portal for the FCC's polygon-based approach, and whether fixed providers not accepting universal service support shouldn't have to disclose individual location information since that could be considered competitively sensitive. It also asks about how best to assign prepaid and reseller subscribers to a particular census tract.
Matt Daneman
Matt Daneman, Senior Editor, covers pay TV, cable broadband, satellite, and video issues and the Federal Communications Commission for Communications Daily. He joined Warren Communications in 2015 after more than 15 years at the Rochester Democrat & Chronicle, where he covered business among other issues. He also was a correspondent for USA Today. You can follow Daneman on Twitter: @mdaneman
The idea of a 120-day process for modifying an existing local franchise authority agreement gets a softer sell in the LFA final order approved 3-2 last week (see 1907010011) than in the draft released in July, according to our analysis. The draft had the agency preferring a proposal whereby a cable operator can request a modification and the LFA would have 120 days to make a final decision, but the final order released Friday says that procedure would have violated Section 625 of the Cable Act, and instead encourages the two sides to negotiate modifications "within a reasonable time" and that 120 days "in most cases" should fit that bill.
Dish Network thinks seamless interoperability between its 5G network and New T-Mobile's LTE network is a big need for its wireless network business plans. And achieving that won't be very difficult, though business competition issues might be heavy lifting, industry experts told us. "It's a tough market," said Boost Mobile founder and current director Peter Adderton said.
The Universal Service Administrative Co. (USAC) and its key role in overseeing and running the FCC’s new broadband mapping approach got bipartisan criticism Thursday from commissioners as they voted to adopt new broadband mapping procedures. There are questions about USAC's "competence and bandwidth" to fulfill the role it's being handed to control and maintain the mapping data, Commissioner Mike O'Rielly said. USAC didn’t comment.
Both an FCC commissioner and critics of the agency's approval Thursday of a local franchise authority (LFA) order anticipate its being challenged in court. Commissioner Geoffrey Starks, who along with Commissioner Jessica Rosenworcel dissented in the 3-2 vote, said he has "no doubt" about litigation. Emailed NATOA General Counsel Nancy Werner, "There will be litigation over the final order."
Broadcast network efforts to shut down Locast with a copyright infringement suit filed Wednesday in federal court will likely involve how nonprofit the nonprofit streaming service actually is, and what the Section 111 exemption of the Copyright Act applies to, broadcast and copyright experts told us.
The cable franchise authority draft order on Thursday's FCC agenda (see 1907110071) is likely to result in a 3-2 commissioner vote, reflecting the political split in Congress over the issue, FCC officials told us. The split was expected, as is litigation (see 1907160035).
With DOJ's justification for approving T-Mobile/Sprint largely hinging on Dish Network's ability to become a national wireless player (see 1907260071), wireless industry watchers tell us that whether Dish can pull that off is a big question mark. "Wireless is a very tough business to get right -- many companies have tried and failed," said wireless analyst Jeff Kagan.
In the days before the sunshine period for August's FCC meeting, the eighth floor had a parade of parties urging tweaks or changes to the broadband mapping draft order on this coming Thursday's agenda. That's according to docket 19-195 postings.
The small satellite streamlining order on Thursday's FCC agenda (see 1907110071) is expected to get 5-0 approval. But it remains undetermined how operators will use the new licensing option, experts told us. To them, the draft is a substantial improvement over the current licensing regime, at least for a portion of smallsat operators.