The wireline orders approved Friday by FCC commissioners eliminating the rural telco rate floor and granting part of USTelecom's forbearance petition (see 1904120058) are now posted in dockets 10-90 and 18-141, the FCC said Monday (see here and here).
Incompas objected to incorporating any party's highly confidential and confidential business data services information collected in BDS proceedings into the USTelecom forbearance petition proceeding. Tuesday was the deadline for lodging an objection (see 1904030061). “Doing so would be inconsistent with and undermine the Commission’s forbearance rules, and would violate basic principles of procedural fairness,” Incompas said in a Tuesday posting in docket 18-141. “Allowing this additional data to be used in support of the Petition would violate the ‘complete-as-filed’ rule. … USTelecom could have proposed a modification of the BDS Protective Order at the time it filed its petition, but did not do so, even though it bore the burden of production.”
The cable industry's shapefiles-centric broadband mapping plan lacks the route for creating more accurate broadband location data, Broadband Coalition members USTelecom, ITTA and the Wireless ISP Association said in a docket 11-10 posting Monday. Shapefiles themselves are data formats and only as good as the data in them, and variability and latitude and longitude coordinates that providers submit in shapefiles could result in unserved areas being misdrawn, they said. Provider shapefile submissions need to follow a common template with consistent geocoding of addresses and locations -- which is why the consortium advocates such a template, the Broadband Serviceable Locations Fabric (see 1903220036). NCTA emailed that its proposed Form 477 process revisions "could provide more accurate information about broadband availability without undue time and expense. While the proposal by the Broadband Mapping Consortium has the potential to generate useful information regarding unserved areas, at this point it is a proof-of-concept that raises significant questions for the Commission about cost, timing, effectiveness, and access to data. The Commission can and should adopt NCTA’s approach now and supplement it with data from Broadband Mapping Consortium if their experiment ultimately proves successful.”
The FCC approved a process for sharing in the upper 37 GHz band, despite complaints from Commissioners Mike O’Rielly, Jessica Rosenworcel and Geoffrey Starks (see 1904100071). The two Democrats partially dissented. Chairman Ajit Pai, meanwhile, announced that the 37, 39 and 47 GHz auction will start Dec. 10 -- the FCC's third high-band auction. Commissioners approved a public notice on rules for the auction amid complaints by Rosenworcel and O’Rielly. Agency members also approved telecom and cable items.
Senate Communications Subcommittee Chairman John Thune, R-S.D., said he's aiming for the chamber to pass the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (S-151) by unanimous consent (UC) once Congress returns at the end of April from its two-week recess. Thune and other subcommittee members boosted the bill during Thursday's hearing on illegal robocalls. S-151 would increase FCC authority to act against robocalls violating the Telephone Consumer Protection Act. It would increase coordination between federal agencies and state attorneys general in a bid to increase criminal prosecution of illegal robocallers (see 1901170039). Other anti-robocall legislation is also coming, lawmakers said.
Dickinson Wright taps Donald McPhail, ex-Taft Stettinius, as member, intellectual property litigation team ... CPB promotes Stephanie Aaronson to senior vice president-engagement ... CTAM adds Ryan Powers, ex-National Council for Behavioral Health, as senior vice president-communications and marketing, succeeding Anne Cowan, retiring (see this section, March 19) ... Crown Media Family Networks advances Kathleen Charapata to senior vice president-legal.
There was bipartisan agreement among Senate Commerce Committee members Wednesday that the federal government's practices for collecting broadband coverage data remain deficient and that Capitol Hill needs to begin taking action. Senate Commerce and others on the Hill repeatedly have raised those issues in recent years. NTIA's increased role in coordinating federal work on broadband mapping got scrutiny earlier this month at a Senate Appropriations subcommittee hearing on the Commerce Department's fiscal year 2020 budget request (see 1904020070). Deficiencies in the FCC's data collection practices was a central issue at a Senate Communications Subcommittee hearing last month on rural broadband (see 1903120069).
Raising an issue that has arisen repeatedly about the Mobility Fund Phase II program, commenters urged the FCC to create a robust challenge process if it moves ahead with auction of subsidies in areas completely or almost completely served by unsubsidized broadband competitors. Form 477 data, by itself, isn’t good enough, commenters said. Rural telco interests earlier raised concerns about an auction in general (see 1903110032). The FCC sought comment in a December Further NPRM (see 1812120039) and replies came through Tuesday in docket 10-90.
While the FCC looks to revamp its broadband mapping regime, some broadband experts told us the effort is hampered by the discussion not focusing more on including pricing data and involving crowdsourced or locally provided coverage data. ISPs all know each other's prices, but "the public is the only one who doesn't know," said Institute for Local Self-Reliance's Director-Community Broadband Networks Initiative Chris Mitchell. The FCC said the proceeding is still open.
The deadline for objecting to incorporation of a party's highly confidential and confidential business data services data collected in BDS proceedings into the USTelecom forbearance petition proceeding is April 15, the FCC Wireline Bureau said in a public notice Wednesday. It said it will adopt the protective conditions from the BDS proceedings to ensure confidentiality of the information when it's incorporated.