Industry and consumer advocates sought additional guidance and clarity on the FCC's proposed requirements to implement the Safe Connections Act, in reply comments posted Monday in docket 22-238 (see 2304140057). Commenters also showed widespread support for sufficient time to comply with the commission's final rules and additional guidance on potential privacy concerns. The act requires availability of safe access to communications services for survivors of domestic violence.
A draft NPRM on FCC regulatory fees circulated on the 10th floor uses a revamped methodology for assessing which full-time equivalents are connected with which bureaus, leading to proposed lower fees for Media Bureau regulatees such as broadcasters, and higher fees for Wireless and Wireline bureau industries, said FCC and industry officials. The rulemaking notice appears headed for unanimous approval soon, FCC and industry officials told us.
Consumer and public interest groups want the FCC to get more aggressive in clamping down on illegal and unwanted robotexts to consumers, according to comments on a March Further NPRM (see 2303160061). CTIA said robotexts and robocalls are inherently different, and extending the same rules to both doesn’t make sense. USTelecom said the FCC could take some steps but should proceed with caution. Comments were due Monday in docket 21-402.
The 6th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's USF 2021 Q4 contribution factor, in an opinion published Thursday in case 21-3886. A three-judge panel heard oral argument in March and is the second court to deny a challenge from the group (see 2303240049). "Congress provided the FCC with a detailed statutory framework regarding universal service," wrote Judge Karen Nelson Moore, saying Section 254 of the Communications Act "does not violate the nondelegation doctrine." The opinion also cited the Universal Service Administrative Co.'s "subordination to the FCC and its assistance with fact gathering and ministerial support" wasn't a "private-nondelegation doctrine violation." Competitive Carriers Association, NTCA and USTelecom welcomed the ruling in a joint statement: "We believe that other courts considering similar challenges should come to the same conclusion.” Consumers' Research didn't comment.
The California Assembly Communications Committee cleared amended bills including on video franchising, local broadband permits and low-income benefits at a webcast hearing Wednesday. Also, the committee unanimously passed a consent agenda including bills on 911 public education (AB-296) and grants for emergency communications on fairgrounds (AB-415). The committee voted 10-2 to send to the Appropriations Committee a bill (AB-41) aimed at tightening digital equity requirements in the state’s video franchise law. Sponsor Chris Holden (D), who chairs the Appropriations panel, said the 2006 Digital Infrastructure and Video Competition Act approach of self-regulation through competition failed to spread services to everyone within franchise areas. The California Broadband & Video Association thinks the proposed replacement, the Digital Equity in Video Franchising Act, would be “generally unfeasible,” said Legislative and Regulatory Advocacy Director Amanda Gualderama. The state cable association was joined by USTelecom in opposition. The Communications Committee voted 13-0 for AB-965, which would set a 60-day shot clock for local governments to decide broadband permit applications or have them deemed granted. It will go to the Local Government Committee next. Supporters included Crown Castle, CTIA, USTelecom and the Wireless Infrastructure Association. But the California Municipal Utilities Association raised concerns it duplicates previous rules including the FCC’s small-cells order. The Assembly panel voted 13-0 for AB-1231 to allow low-income consumers to stack benefits from California LifeLine, federal Lifeline and the affordable connectivity program. It goes next to Appropriations. "The bill is needed because the CPUC has prohibited Californian consumers from combining their California LifeLine and ACP benefits to maximize the amount of data they receive,” said TruConnect Chief Compliance Officer Danielle Perry, who is also a National Lifeline Association board member. The Utility Reform Network worries the bill doesn’t provide enough accountability on providers, said TURN lobbyist Ignacio Hernandez: Lawmakers should strengthen it or allow the CPUC to make rules. The commission already has an open proceeding on the issue, he noted. Supporting AB-1231, Communications Committee Chair Tasha Boerner Horvath (D) said she thinks the CPUC has overly restricted access for low-income people.
Industry welcomed a draft FCC order that would modify access stimulation rules to close a loophole exploited by extending the rules to include IP-enabled service providers (IPES). Commissioners will consider the item during their open meeting Thursday (see 2303300070). Some sought clarifying language to ensure no additional loopholes may arise.
Industry and advocacy organizations sought time and flexibility to comply with new rules for the FCC's implementation of the Safe Connections Act and improving access to communications services for survivors of domestic violence. Comments on the NPRM posted Thursday in docket 22-238 showed broad support for the commission's proposals and sought minor clarifications (see 2303130007).
Broadband officials and providers stressed the urgency of preparing for NTIA's broadband, equity, access and deployment program. State officials noted their offices are considering affordability when evaluating providers' grant applications and emphasized stakeholder engagement, during a Thursday USTelecom event on broadband connectivity.
Industry urged the FCC to move with caution as it considers additional steps to further clamp down on gear from companies on the FCC's covered list, in comments posted Monday in docket 21-232 (see 2304070050). Several commenters raised concerns about the potential complexity of including components and revoking previous authorizations of covered equipment.
The FCC’s proposed policy statement on receivers lays out core principles to “help inform the Commission’s future actions and stakeholder expectations about interference from spectrally and spatially proximate sources,” according to a draft released Thursday for the commissioners’ April 20 open meeting. The draft draws on recommendations in a 2015 report by the FCC’s Technology Advisory Council.