FirstNet described itself as a “resounding success, providing vital communications services to local, state, tribal, and federal public safety officials throughout the nation,” in a report to Congress released Wednesday. The report notes this is “a pivotal year” for the network's future. FirstNet faces a 15-year sunset provision under the law creating it, which “without Congressional action, would result in the termination of the FirstNet Authority in five years,” the report said. The network is used by 19,500 public safety agencies, across the U.S., with 3 million connections, and grew by 86% in fiscal year 2021, the authority said.
After a pro forma gain of about 4.86 million broadband subscribers on a COVID-19 “pandemic-related surge” in 2020, the top 96% of U.S. cable and wireline phone providers added 2.95 million net additional subscribers in 2021, reported Leichtman Research Group Monday. They added about 2.55 million in 2019. Of the total broadband providers at the end of 2021, cable had 75.7 million, led by Comcast’s 31.9 million, and wireline phone companies had 32.7 million, led by AT&T with 15.5 million. Charter added 1.2 million, ending the year with 30 million broadband subscribers; Cox added 150,000 for a total of 5.5 million. Verizon added about 236,000 subscribers for a total of 7.4 million. Altice, Century Link/Lumen, Frontier and Consolidated all shed broadband subscribers last year. Though the top broadband providers added “significantly fewer” subs last year vs. 2020, net adds in 2021 were higher than in each year from 2016-2019, Leichtman said.
New York’s affordable broadband law “regulates broadband rates” even though the state lacks authority, former FCC members Ajit Pai (R), Mike O’Rielly (R), Mignon Clyburn (D) and Jonathan Adelstein (D) told a federal court. The 2nd U.S. Circuit Court of Appeals received amicus briefs Wednesday supporting ISP associations that challenged the state law, enjoined by a lower court, that would require $15 monthly plans (see 2202230067). New York’s law “sets a price ceiling for two levels of broadband service … and price caps have been one of the main methods for regulating the rates charged for communications services in the United States,” the ex-commissioners wrote in case 21-1975. It may regulate rates only for New York households, but “this does not transform quintessential rate regulation into something else.” Broadband classification is irrelevant, the ex-commissioners said. “While much ink has been spilled debating whether broadband is an information service” regulated under Title I of the Communications Act or a telecom service under Title II, “that question does not determine the proper resolution of this case. Whatever the answer, broadband remains an interstate communications service, and broadband rates may not be regulated by state governments.” Lawful ways exist for states and the federal government to subsidize broadband for low-income households, the ex-commissioners added. One example is New York Gov. Kathy Hochul’s (D) $1 billion ConnectAll effort, which includes encouraging signups for the federal affordable connectivity program, they said. Others agreed. New York’s law “is not only preempted by federal law but unnecessary and counterproductive,” NCTA said. The Competitive Carriers Association said it “constitutes direct rate regulation of an interstate communications service.” The U.S. Chamber of Commerce, TechFreedom and Digital Progress Institute also urged the court to uphold the injunction by U.S. District Court in Central Islip, New York.
The FCC updated its TV protection list for the T band to remove stations that no longer require protection from private land mobile radio. The TV stations removed cover nine major markets, said a Thursday notice by the Wireless and Public Safety bureaus. “Based on our review of the Commission’s records, since the TV protection list was originally published a number of TV stations included on the list have either changed channels or discontinued operation altogether,” the notice said: “It is important for the TV protection list to remain accurate so PLMR applicants seeking to license facilities in the T-Band know which TV stations they need to protect.” PLMR licenses in the band have an exclusive filing window until April 1, to modify their operations. The T band has long been shared with public safety and gets the most use in major cities, including Boston, Chicago, Dallas, Houston, Los Angeles, New York, Miami and Washington.
A coalition petitioned the FCC for declaratory ruling Wednesday asking the agency to classify interconnected VoIP as Communications Act Title II services, per a filing. Public Knowledge, the Communications Workers of America, the Center for Rural Strategies, the National Association of State Utility Consumer Advocates, Next Century Cities, the Public Utility Law Project of New York and the Utility Reform Network signed on. "The time has come for the [FCC] to make the classification decision it has put off for over 15 years," the petition said. The FCC faces technical and competition programs, and a "crisis of legal authority" without the classification. "As the traditional telephone services that compose the [public switched telephone network] are phased out," the FCC's "patchwork of ancillary authority rules will completely unravel," the groups said. "Unless the FCC acts, it will lack authority to do the most basic job Congress gave it to do -- make sure that all Americans have access to a reliable, affordable phone system," said Public Knowledge Senior Vice President Harold Feld in a statement. The FCC declined to comment.
Major U.S. carriers began allowing free calls and texts, to and from Ukraine, after Russia's invasion of the country last week. Details vary. Through Thursday, T-Mobile is waiving international long-distance and international roaming charges for calls and SMS made between the U.S. and Ukraine for T-Mobile and Sprint postpaid and prepaid consumer and business customers, the carrier said: “This includes calls made within Ukraine to local numbers to cover roaming customers in Ukraine.” On Saturday, T-Mobile added calls and texts to and from the U.S. and Belarus, Hungary, Moldova, Poland, Romania and Slovakia. AT&T is offering consumer and business customers unlimited long-distance calling from the U.S. to Ukraine, through Monday. “This offer is valid for all consumer and business AT&T Postpaid & PREPAID wireless customers, and consumer VoIP and landline customers,” the carrier said: “Unlimited texts to this region are standard with Mobile Share and Unlimited Texting plans.” Verizon is waiving charges for calls from postpaid consumer and business wireless customers and residential landlines to and from Ukraine, through March 10. The company is waiving voice and text roaming charges for customers in Ukraine. UScellular said customers can make outbound calls to Ukraine without paying international dialing rates through the end of March: “Postpaid customers will have charges automatically waived. Prepaid customers whose plans allow for international dialing can call customer service … or *611 from their mobile phone to receive credits for applicable calls.”
FCC Chairwoman Jessica Rosenworcel circulated a notice of inquiry seeking comment on the cybersecurity vulnerabilities of the internet’s global routing system, said an FCC release Friday. “Earlier this week, the Department of Homeland Security warned U.S. organizations at all levels that they could face cyber threats stemming from the Russia-Ukraine conflict,” the release said. The draft NOI concerns “the security and integrity of the Border Gateway Protocol (BGP),” which is “the routing protocol used to exchange reachability information among independently managed networks on the Internet.” Due to vulnerabilities in BGP, it's possible to deliberately falsify “BGP reachability information” to redirect internet traffic, the release said. “Russian network operators have been suspected of exploiting BGP’s vulnerability to hijacking in the past,” the release said. That can lead to exposure of personal information, theft, extortion, “and state-level espionage,” the release said. The draft NOI also focuses on vulnerabilities in “the transmission of data through email, e-commerce, bank transactions, interconnected Voice-over Internet Protocol (VoIP), and 911 calls,” the release said.
The FTC for the second time extended its deadline for public comment on how supply chain disruptions are affecting competition in consumer goods and retail markets, said the agency Friday. Comments are now due March 14 in docket FTC-2021-0068.
The U.S. Forest Service reopened the comment period on a proposal to charge new administrative fees to communications facilities on USFS land (see 2202180051) for another 30 days, said a notice for Tuesday’s Federal Register. The original comment deadline on the proposal closed Feb. 22, while the new comment window will close March 31, the notice said.
The FCC made few edits to its final Further NPRM on rural healthcare program revisions, according to our comparison with the draft (see 2202180054). The final FNPRM includes questions sought by Commissioner Brendan Carr about whether the Universal Service Administrative Co. should "process applications and make funding commitment decisions within a specified period of time after the close of the filing window," and whether any program rules need clarification.