FCC Chairman Ajit Pai encouraged tower companies to work with broadcasters as both move forward on the repacking that followed the TV incentive auction. Pai spoke to the National Association of Tower Erectors Wednesday. “We’ve made great progress since the close of the incentive auction and the start of the transition period in April 2017,” but work remains, he said. “We’ve heard concerns from both tower companies and broadcasters that limited tower crew availability and weather delays may make it difficult to meet deadlines in future phases,” he said. “I encourage tower companies to be proactive. Coordination with stations and equipment manufacturers will be key.” Pai said of the repack, "not only are we ahead of schedule, we have the resources to do the job." Pai said this was his first speech to NATE but he understands the issues members face: “I’ve seen you on your turf and understand the challenge of what you do.”

FCC Chairman Ajit Pai called for further action on wireless emergency alerts Wednesday, especially from carriers, the 3rd Generation Partnership Project and Alliance for Telecommunications Industry Solutions. Pai noted a 3GPP working group last month approved technical specifications set for a vote during 3GPP’s quarterly plenary meeting in March. Also in March, ATIS is expected to wrap up standards for improved geo-targeting, he said. “Recognizing that there is still more work to be done, I urge all principals … to remain vigilant in their work to ensure that the benefits of enhanced wireless emergency alerts are made available by November,” Pai said. “The American people want, expect, and deserve the best possible public safety services -- including the most precise targeting available for wireless alerts.” Commissioners a year ago approved an order 5-0 imposing a Nov. 30 deadline for carriers to more accurately “geo-target” wireless emergency alerts (see 1801300027). The order requires participating carriers to deliver WEAs to the target area specified by the alert originator with no more than a one-tenth of a mile overshoot. “I agree with my colleague,” Commissioner Jessica Rosenworcel told us. “The American people deserve the best possible public safety services and it’s important that the FCC do everything within its power to make this a reality. We may not know where or when the next disaster will strike, but we can be prepared with tools to respond quickly and effectively.” The wireless industry shares Pai’s goal of enhancing the WEA system’s “proven lifesaving capabilities through more granular geographic targeting,” said Matt Gerst, CTIA vice president-regulatory affairs: “CTIA’s member companies will continue to work diligently and collaboratively to meet this goal as expeditiously as possible.”

Comments are due March 7 on an FCC matching program to verify Lifeline eligibility of low-income consumers under the 1974 Privacy Act, said Tuesday's Federal Register. The computer program to be established with four nonfederal agencies is to begin March 7 -- unless comments are received by that date requiring a contrary determination -- and conclude Aug. 5, 2020. The FCC mandated Universal Service Administrative Co. implement a national verifier of eligibility through proof of income or participation in qualifying programs such as Medicaid, the Supplemental Nutritional Assistance Program, and housing, veterans, tribal and supplemental income programs. Paperwork Reduction Act comments are due at the FCC April 8 on telecom forbearance petition filing requirements (notice) and on certain access charge pool reporting duties associated with payphones (notice). The FCC later Tuesday set new soft and hard launches of the Lifeline national verifier in a dozen states and jurisdictions (see 1902050039). The agency's proposed Lifeline reseller ban is likely "dead" after court reversal of limits on enhanced tribal support, including a reseller ban, said an American Enterprise Institute scholar (see 1902050010).

Chairman Ajit Pai called the FCC's USF rate floor policy "crazy" philosophically, and cited plans for remedial actions. The idea that government forces rural telco phone rates up to reflect a national average, or lose high-cost USF support, doesn't make sense, he said in Q&A with NTCA CEO Shirley Bloomfield webcast from a rural telecom show in New Orleans. He hopes to "move with dispatch" to get fellow commissioners to agree with him on near-term relief and a longer-term solution. He recently criticized the rate floor and told lawmakers he planned to seek action in coming months (see 1901310036). Separately, Pai said he's seeking a "balance" on broadband performance testing that holds USF-backed providers accountable for their data-speed commitments while streamlining the process as much as possible to ease industry burdens. He said the FCC is focused on coordinating with the Agriculture and Commerce departments on broadband infrastructure efforts to ensure "we speak with one voice" so parties "aren't running over each other" and "we get the most bang for our buck." He said the commission wants to encourage more rural fiber deployment to feed nascent 5G wireless systems, which he believes have much potential in rural areas, though he recognized the business plan is difficult. It's important to create small geographic license sizes in spectrum auctions to "incentivize" bidding by small as well as big providers, he said: "Stay tuned." He spoke enthusiastically about the opportunities broadband can create in rural America through remote healthcare and other applications, noting when he was growing up in rural Kansas, his doctor father used to drive 45 miles to visit patients. His overall focus remains on ensuring every American is "empowered" in the digital age: "That requires broadband."

FCC staff announced new soft and hard launches of the Lifeline national verifier (NV) of consumer low-income eligibility in a dozen states and other U.S. jurisdictions. The Wireline Bureau said a soft launch, allowing Lifeline providers voluntarily to use the NV to test their enrollment systems and processes, begins Wednesday in Alaska, American Samoa, Delaware, the District of Columbia, Maine, the Northern Mariana Islands, Rhode Island and the U.S. Virgin Islands. A hard launch, when all parties must use the NV to determine consumer eligibility, begins March 5 in Missouri, North Carolina, Pennsylvania and Tennessee, said a public notice Tuesday in docket 11-42. Those states had a soft launch Dec. 4 (see 1811280008). Lifeline providers and advocates voiced concerns (see 1901230036) about consumer enrollment difficulties and de-enrollment of existing users under the NV's systems -- which lack an application programming interface for carriers and full access to national low-income program databases -- starting with less-populated states in the first two batches to undergo hard launches. They fear the March 5 hard launch of four more-heavily-populated states could greatly increase the magnitude of the problems. Comments on privacy in NV use of computer matching programs are due March 7 (see 1902050008). An American Enterprise Institute scholar said the FCC's proposed Lifeline reseller ban was likely "dead" after court reversal of limits on enhanced tribal support, including a reseller ban (see 1902050010).

The FCC "can do better" on Lifeline USF, new Commissioner Geoffrey Starks tweeted Monday, after the U.S. Court of Appeals for the D.C. Circuit Friday "struck down @FCC rules that limited Tribal #Lifeline and threatened affordable phone and internet access on Tribal lands" (see 1902010051). "The Court said the @FCC failed to consider harms to people depending on the program and ignored relevant data," he added.

The FCC approved establishing an Enforcement Bureau Fraud Division to combat waste, fraud and abuse in USF and other programs, said an order released Monday after being adopted unanimously Jan. 29 before new Commissioner Geoffrey Starks was sworn in. Noting bureau staffers already investigate and prosecute fraud in FCC programs, the order said its purpose "is to create a division, comprised of existing staff, that will be dedicated to taking enforcement actions against fraud in the USF and other funding programs." The division "will work collaboratively with other law enforcement entities," including the FCC Office of Inspector General, and "will consist of the individuals who presently focus on fraud cases." Rakesh Patel, the bureau's USF Strike Force director, will be division chief, joined by other bureau staff, emailed an FCC spokesperson. "It is vital that we maintain a steady eye on [USF] programs to address the unfortunate reality that, over the years, too much money that should have gone to connect American consumers and businesses has been lost, stolen, or misused," said EB Chief Rosemary Harold. The division will be established following review and approval by the Office of Management and Budget and the House and Senate Appropriations committees, and after Federal Register publication. The order said the division's creation will be a structural change, not a substantive one, and doesn't require any rule changes: "The notice and comment and effective date provisions of the Administrative Procedure Act contained in 5 U.S.C. §§ 553(b) and (d) do not apply."

Former FCC Commissioner Mignon Clyburn agreed to work as a paid adviser on T-Mobile’s proposed takeover of Sprint, she confirmed in an interview Monday. The Democrat had opposed some deals while at the FCC but voted in the 4-1 majority that approved Comcast/NBC Universal (see 1101190091). “I am advising T-Mobile/Sprint as they seek to accelerate the creation of an inclusive, nationwide 5G network, on how best to build a bridge across the digital divide,” Clyburn said. “Affordable broadband access is a critical priority of mine, it has been and always will be, particularly for those Americans who are underserved or currently have no viable options.” Clyburn noted other former government officials also signed on. Republicans including former Commissioner Robert McDowell and former NTIA administrators Nancy Victory and John Kneuer also have worked for the deal. Earlier Monday, T-Mobile CEO John Legere urged the FCC to “move forward expeditiously." His letter to Chairman Ajit Pai reassured that the deal won't mean higher prices. “Critics of our merger, largely employed by Big Telco and Big Cable, have principally argued that we are going to raise rates right after the merger closes,” he said in docket 18-197. “I want to reiterate, unequivocally, that New T-Mobile rates are NOT going to go up. Rather, our merger will ensure that American consumers will pay less and get more.” In a second filing Monday, the companies committed to keeping legacy rate plans in place for three years after the merger “or until better plans that offer a lower price or more data are made available, whichever occurs first.” The companies said plans could be adjusted to reflect “pass through” costs, such as increases in government taxes or fees. The 4Competition Coalition responded that "committing to not raise ‘rate plans’ for three years is an empty promise that does not provide any real price protection." The "pledge is riddled with loopholes and ensures that any network improvements will allow them to justify higher monthly bills," said the coalition that includes AFL-CIO, Communications Workers of America, Common Cause and other public interest groups, C Spire, Dish Network and NTCA. New Street’s Blair Levin told investors, meanwhile, DOJ apparently “never had to slow down its work in taking depositions, meaning that while the [federal] shutdown likely delayed the final resolution, the delay may not be as great as the 35 day shutdown." The FCC was on hold but "staff is working closely with the DOJ staff and can quickly come back up to speed,” he said: A House letter supporting approval (see 1901300044) was a positive for the deal, but a Feb. 13 House Commerce and Judiciary committees' hearing (see 1901280051) presents risks. Executives could say "things at odds with their filings or make other statements that could create problems,” Levin said. Another potential negative is the number of state investigations (see 1901040041), he said.

Diversity groups seeking increased enforcement of FCC broadcast equal employment opportunity rules pushed Chairman Ajit Pai and Commissioner Mike O’Rielly in calls Wednesday and Thursday to change the draft EEO order set for the agency’s Feb. 14 meeting, said a filing posted Friday in docket 18-23. Multicultural Media, Telecom and Internet Council President Maurita Coley and Senior Adviser David Honig represented the 33 groups -- which include the NAACP and the Urban League. As in previous calls to Commissioners Brendan Carr and Jessica Rosenworcel during the shutdown (see 1901110036), MMTC seeks changes to the draft midterm EEO order to revamp how the FCC enforces the rules and target “word of mouth” recruiting in broadcasting. The draft says the groups’ proposal is outside the order's scope, but MMTC argued the agency has a sufficient record. If the regulator seeks additional comment, it should be expedited, MMTC said. The FCC should act by July 4, MMTC said. The agency isn’t expected to accede to the requests (see 1901180043).

The FCC's second 5G auction, of 24 GHz spectrum, will start March 14. Upfront payments are due Feb. 19, said a Wireless Bureau and Office of Economics and Analytics announcement Thursday. The FCC plans a bidding tutorial by Feb. 15 and mock auction March 11. The 28 GHz auction ended last week with $702.6 million in provisionally winning bids (see 1901240034). The 24 GHz auction is widely expected to get somewhat more interest and higher bids.