Additional fixes to FCC funding for USF programs that impact broadband deployment in rural and remote areas are needed to overcome ongoing shortcomings, said lawmakers and industry experts Tuesday at a Senate Communications Subcommittee hearing. Lawmakers noted concerns with USF's “stand-alone broadband” problem and the high-cost fund, as expected (see 1706160055), and questioned the accuracy of current broadband service measurements. The subcommittee also considered the FCC's Rural Health Care program.

Additional fixes to FCC funding for USF programs that impact broadband deployment in rural and remote areas are needed to overcome ongoing shortcomings, said lawmakers and industry experts Tuesday at a Senate Communications Subcommittee hearing. Lawmakers noted concerns with USF's “stand-alone broadband” problem and the high-cost fund, as expected (see 1706160055), and questioned the accuracy of current broadband service measurements. The subcommittee also considered the FCC's Rural Health Care program.

A Tuesday Senate Appropriations Financial Services Subcommittee hearing on the FCC FY 2018 budget focused largely on the direction of the commission under Chairman Ajit Pai, with subcommittee Republicans highlighting policy issues Pai championed. Democrats raised concerns with the future of 2015 net neutrality rules and Congress' rollback of ISP privacy rules. President Donald Trump's administration proposed last month that the FCC budget be cut by $18 million, to $322 million, after years of the agency maintaining $340 million in annual funding. The FCC's budget justification document noted a planned reduction of more than 100 employees (see 1705230041).

The Supreme Court denied cert in a case involving Verizon’s acquisition of spectrum licenses. Chief Justice John Roberts didn’t participate, said a Monday order. In November, the U.S. Court of Appeals for the D.C. Circuit rejected small carrier NTCH’s challenge of an FCC order approving Verizon’s buy of AWS-1 licenses from SpectrumCo and Cox (see 1611150039). NTCH argued the FCC unlawfully awarded thousands of licenses to Verizon Wireless in violation of the Communications Act. NTCH raised concerns because of the 45 percent ownership of Verizon Wireless then held by the U.K.’s Vodafone. “It’s always an uphill climb to get the Supreme Court to grant cert, but we thought this one had a decent chance given the billions of dollars of licenses that had been awarded unlawfully by the FCC and the extraordinary machinations the FCC went through to prevent judicial review of its actions,” said Donald Evans of Fletcher Heald, who represented NTCH. “It’s disappointing for NTCH, but in the larger scheme, the court’s decision leaves administrative agencies with an unbridled ability to shield their misconduct from judicial review. So it’s not a good outcome from the standpoint of checking the power of administrative agencies to violate the laws they are charged with enforcing.”

The position of Christopher Wray, President Donald Trump's pick to lead the FBI, on investigatory access to encrypted data isn't really known, said several civil liberties, privacy and technology experts interviewed last week, stirring speculation on whether he will follow a harder-line stance like former FBI Director James Comey or seek to resolve the issue with the privacy and technology communities. But experts said they expect Senate Judiciary Committee members to ask "tough questions" on encryption since it has become more of a hot-button issue over the past two years, in part, due to the 2015 San Bernardino, California, terrorist attack (see 1512100032 and 1603290059).

The position of Christopher Wray, President Donald Trump's pick to lead the FBI, on investigatory access to encrypted data isn't really known, said several civil liberties, privacy and technology experts interviewed last week, stirring speculation on whether he will follow a harder-line stance like former FBI Director James Comey or seek to resolve the issue with the privacy and technology communities. But experts said they expect Senate Judiciary Committee members to ask "tough questions" on encryption since it has become more of a hot-button issue over the past two years, in part, due to the 2015 San Bernardino, California, terrorist attack (see 1512100032 and 1603290059).

The position of Christopher Wray, President Donald Trump's pick to lead the FBI, on investigatory access to encrypted data isn't really known, said several civil liberties, privacy and technology experts interviewed last week, stirring speculation on whether he will follow a harder-line stance like former FBI Director James Comey or seek to resolve the issue with the privacy and technology communities. But experts said they expect Senate Judiciary Committee members to ask "tough questions" on encryption since it has become more of a hot-button issue over the past two years, in part, due to the 2015 San Bernardino, California, terrorist attack (see 1512100032 and 1603290059).

The International Trade Commission is considering issuing a limited exclusion order and cease and desist orders banning import and sale of digital video receivers from Comcast, Arris and Technicolor, the ITC said in a notice. An administrative law judge recommended the Tariff Act Section 337 import ban, which Rovi requested in April 2016 based on a complaint that Comcast uses set-top boxes and DVRs that infringe Rovi’s patents, but refuses to license them (see 1605240026). The ITC is accepting until July 11 comments on public interest issues raised by the recommended orders.

The International Trade Commission is considering issuing a limited exclusion order and cease and desist orders banning import and sale of digital video receivers from Comcast, Arris and Technicolor, the ITC said in a notice. An administrative law judge recommended the Tariff Act Section 337 import ban, which Rovi requested in April 2016 based on a complaint that Comcast uses set-top boxes and DVRs that infringe Rovi’s patents, but refuses to license them (see 1605240026). The ITC is accepting until July 11 comments on public interest issues raised by the recommended orders.

The California Public Utilities Commission “may be overly antagonistic” in proposed comments to the FCC on the commission’s wireline and wireless infrastructure NPRMs and notices of inquiry, CPUC President Michael Picker protested at the state agency’s Thursday meeting. The draft comments opposed FCC pre-emption and raised concerns about copper retirement and other issues (see 1706120022). Complaining that the draft is “very antagonistic” in tone about the copper issue and raising concerns that some statements could undercut pending CPUC proceedings, Picker abstained from voting. But the other four commissioners voted in favor of the draft comments, with instructions to edit the comments to address Picker's and Commissioner Liane Randolph's concerns in the hours before Thursday’s comments deadline at the FCC. Randolph said she generally supports the comments but wanted to pare the copper verbiage. Picker complained about reading the draft comments for the first time the previous night. CPUC Assistant General Counsel Helen Mickiewicz apologized, saying it was an unusual circumstance that occurred due to the FCC’s speedy pace on the infrastructure rulemakings. Meanwhile, comments are starting to roll in at the FCC in docket 17-79. The FCC should adopt a broadly applicable “deemed granted” remedy when local governments fail to act on infrastructure siting applications within the FCC’s “shot clock” time limit, the Free State Foundation said. FSF also urged the FCC to tighten the time frames: “Arbitrary restrictions on new siting and modification applications and lengthy permit processing delays by local governments pose barriers to wireless broadband deployment and infrastructure investment.”