FCC Chairwoman Jessica Rosenworcel circulated for a vote a declaratory ruling and order requiring callers to obtain a consumer’s consent before delivering a “ringless voicemail,” a message left in a cellphone mailbox without ringing the phone. The Telephone Consumer Protection Act “prohibits making any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number without the prior express consent of the called party,” said a Wednesday news release. In 2017, All About the Message asked the FCC to declare that the delivery of a voice message directly to a voicemail box doesn’t violate the TCPA (see 1704180037). “Ringless voicemail can be annoying, invasive, and can lead to fraud like other robocalls -- so it should face the same consumer protection rules,” Rosenworcel said: “No one wants to wade through voicemail spam, or miss important messages because their mailbox is full. This FCC action would continue to empower consumers to choose which parties they give permission to contact them.”
Several groups lobbied aides to FCC commissioners on an order and declaratory ruling Chairwoman Jessica Rosenworcel recently circulated on broadband access in multi-tenant environments, said filings posted Wednesday in docket 17-142 (see 2201210039). Prohibit "sale-and-leaseback" agreements on wiring and give providers "ample time" to come into compliance with the new rules, said Verizon in separate meetings with an aide to Rosenworcel, Wireline Bureau staff, and aides to Commissioners Brendan Carr and Nathan Simington. There's "widespread competition and consumer choice in MTEs today," said NCTA in separate meetings with aides to Rosenworcel, Simington and Commissioner Geoffrey Starks. The group asked that any action taken applies to "all providers of broadband and other covered services." The Wireless ISP Association "fully support[s]" prohibiting graduated or exclusive revenue-sharing agreements, practices that circumvent cable inside wiring rules, and exclusive rooftop access agreements, it told a Rosenworcel aide, noting it backed "certain types of bulk-billing agreements."
The FCC, NTIA and other federal agencies awarding broadband funds should work with states and communities to keep grant rules uniform, said a NARUC draft resolution released Tuesday. The proposal by Nebraska Public Service Commissioner Tim Schram (R) is the only telecom resolution up for vote at the association’s Feb. 13-16 meeting. NARUC seeks to prevent duplicative state and federal funding to avoid overbuilding, the draft said. Federal agencies should use FCC broadband maps and adopt GAO guidance on data collection and tracking federal spending and projects, it said.
FCC Chairwoman Jessica Rosenworcel changed the leadership of several FCC bureaus, said a release Monday. Industry officials said the change doesn’t appear to be an omen of big shifts at the agency -- most of the new heads are longtime bureau staff who were already in the leadership of their departments. They said the staff changes are an expected outgrowth of Rosenworcel’s becoming permanent chair late last year. "The timing is based on the Chairwoman’s new term and appointment as permanent Chair," said an FCC spokesperson. The spokesperson confirmed that the former chiefs remain employed by the agency. Until Monday's announcement, Rosenworcel had retained several bureau heads from the administration of former Chairman Ajit Pai. Holly Saurer, a longtime Media Bureau staffer who had been Rosenworcel’s acting media adviser, will become MB chief, replacing Michelle Carey. Michele Ellison, a longtime FCC Deputy General Counsel, who was general counsel in an acting capacity under Rosenworcel, will take the job on a permanent basis. Former Public Safety Bureau Deputy Chief Debra Jordan will replace Lisa Fowlkes in that bureau’s top post. Alejandro Roark, former executive director for Latino civil rights group HTTP, is the new chief of the Consumer and Governmental Affairs Bureau, replacing Patrick Webre. Prior to HTTP, Roark worked on tech policy for the League of United Latin American Citizens. Loyaan Egal, a former deputy chief in DOJ's National Security Division Foreign Investment Review Section who worked on Team Telecom matters, will become Enforcement Bureau acting chief, replacing Chief Rosemary Harold. Before DOJ, Egal was in the Enforcement Bureau, where he established and led the then-USF Strike Force. “I’d also like to thank Michelle Carey, Lisa Fowlkes, Rosemary Harold, and Patrick Webre, for their public service as they transition to new roles across the agency,” Rosenworcel said. See our news bulletin also.
Viasat is backing Dish Nework's call for the FCC to put on hold consideration of SpaceX's pending second-generation satellite constellation application (see 2201280005). Viasat told the International Bureau Monday that with SpaceX having acknowledged its amended application contains inaccurate information and apparently certified its equivalent power flux density compliance without any apparent basis for doing so, the FCC and third parties can't assess that EPFD compliance or do simulations. SpaceX didn't comment.
National Academies of Science, Engineering and Medicine (NASEM) ad hoc committee members pressed the FCC about the rationale for rejecting the proposed 1 db interference standard in its 2020 Ligado order. Thursday's meeting was one in a series as part of a NASEM independent technical review of the order contracted by DOD, with the committee assessing the potential for harmful interference to GPS and satellite systems for DOD operations (see 2012040043). FCC staffers spent roughly 40 minutes going over the order and rationale, and often pointed to aspects of the order when asked questions. Committee member Preston Marshall, Google engineering director, challenged the FCC for deeming 1 db as a defective interference protection criteria but then "walk[ing] away completely" from finding more suitable protection criteria. "What it boils down to ... there were no alternatives offered," replied Office of Engineering and Technology acting Chief Ron Repasi. The committee and FCC representatives discussed whether Ligado had an affirmative direction to fix interference issues in military equipment, or just to negotiate for a fix. The commission order wanted a program where DOD and Ligado work together to figure out interference issues, said Paul Murray, OET associate chief. He said GPS manufacturers know how their gear performs and how it would respond to Ligado signals. "I don't want to say it's easy," but certain determinations can be made with such discussions "by people who know how to think about the problem," he said. Asked about whether the FCC is obligated to ever respond to or act on the reconsideration petitions, Murray said that while there's no deadline, "there are lots of things that are moving out there that may influence" what the agency does.
Intel is “very excited” about Tuesday's introduction of HR-4521 (see 2201260062), House Democrats’ proposed companion to the Senate-passed U.S. Innovation and Competition Act (S-1260), said CEO Pat Gelsinger on a Q4 call Wednesday. President Joe Biden and members of his administration “have been clear on the importance of this transformational investment,” said Gelsinger. “It's encouraging to see the strong bipartisan and bicameral support as we continue to work together to address the long-term impacts of the semiconductor shortage, restore U.S. leadership in this critical industry and rebalance the global supply chain.” Gelsinger joined Biden last week to appeal for enactment (see 2201210085). The CEO spoke with Speaker Nancy Pelosi, D-Calif., “at length on this subject" Tuesday, he said. He expects HR-4521 “will be debated on the floor next week, and hopefully, following what we expect will be passage in the House, a reconciliation process” with S-1260. Unprecedented chip demand “continues to be tempered by supply chain constraints,” said Gelsinger: IoT and data centers were affected. Intel shares closed 7% lower Thursday at $48.05.
The Senate Commerce Committee was believed to be still on track to announce plans Wednesday night to hold a Feb. 2 vote on Democratic FCC nominee Gigi Sohn (see 2201250073), lobbyists told us. That would follow the leak of a confidential version of Locast’s lawsuit settlement that opponents think raises ethical questions about the nominee. Commerce ranking member Roger Wicker, R-Miss., has been seeking a hearing on the settlement due to Sohn’s role as a board member for Locast operator Sports Fans Coalition (see 2201180064). Broadcasters agreed in the confidential settlement to accept $700,000 in Locast’s remaining cash and liquidation of the shuttered sports rebroadcaster’s used servers, two sources with knowledge of the agreement told us. Broadcasters agreed in the confidential settlement to release Sohn and other individuals from “liabilities of every kind and nature” due to the lawsuit’s claims, but this reflected an agreement among parties at the beginning of the case that any judgment wouldn’t involve individual liability, the sources said. The broadcasters have until Thursday to file a satisfaction of judgment but hadn’t as of Wednesday afternoon, the sources said. Bloomberg Law first reported the settlement’s details. Locast originally settled in October for $32 million (see 2110280039). Sohn, lawyers for SFC, NAB, Senate Commerce and Wicker’s office didn’t comment. Communications Workers of America President Christopher Shelton endorsed Sohn Tuesday night.
DOJ Antitrust Division Chief Jonathan Kanter worries that “merger remedies short of blocking a transaction too often miss the mark,” he told the New York State Bar Association virtually Monday. “Complex settlements, whether behavioral or structural, suffer from significant deficiencies.” When the Antitrust Division decides a deal is likely to lessen competition, “in most situations we should seek a simple injunction to block the transaction,” he said. “It is the surest way to preserve competition.” DOJ must give “full weight to the benefits of preserving competition that already exists in a market, rather than predicting whether a divestiture will actually serve to keep a market competitive,” said Kanter. “That will often mean that we cannot accept anything less than an injunction blocking the merger.” His division “will pursue remedies that are forward-looking in nature, especially in dynamic markets,” he said. “We will pursue remedies -- not settlements. We cannot compromise if there is a violation of the law.”
More than 1.1 million rural consumers would have access to at least 100/20 Mbps if the FCC adopts an ACAM Broadband Coalition proposal for an "enhanced" alternative connect America cost (A-CAM) model I program, the group said in a statement Monday. Buildout obligations for participating providers would increase to 90% of eligible locations at minimum 100/20 Mbps and 10% at minimum of 25/3 Mbps. Participating providers would receive either "80[%] of their A-CAM-derived costs for eligible locations" or up to $300 per month per eligible location, the group said in a letter Thursday in docket 10-90. "The proposal would update the current ACAM high-cost universal service program to bring the program’s deployment obligations in line with the speed standard adopted by Congress in the recently enacted Infrastructure Investment and Jobs Act," the coalition said, by giving rate-of-return companies the opportunity to "receive six additional years of support at revised support levels in return for providing significantly faster broadband speeds to consumers more quickly than the current plan envisions." The group lobbied an aide to Commissioner Brendan Carr and an aide to Commissioner Nathan Simington.