FCC Commissioner Jessica Rosenworcel will never forget day one of the partial shutdown of the government, she told a sold-out FCBA lunch audience Tuesday. “I pull into the building and there’s a giant sign that tells you that the agency is closed, and please go away. So it was quiet. And the quiet became eerie. And by the second week, I wouldn’t have been surprised to see tumbleweeds in the halls.” Her conversation with FCBA President Joe Di Scipio covered the gamut of communication policy, as Rosenworcel offered her opinions on everything from foreign ownership (it’s time for a fresh look), to the IP transition (she’s in favor of trials), to her favorite app (anything that keeps her children quiet on a plane).
The FCC approved by a 3-0 vote Monday technical rules for the 700 MHz broadband spectrum licensed to FirstNet, with an eye on prompting equipment makers to start seeking certification for devices first responders will use on the network. The FCC also approved an industry agreement on 700 MHz interoperability through an electronic vote Friday, taking the item off the agenda for the commission’s October meeting Monday.
Oct. 28 FCC monthly meeting, 11:30 a.m., rescheduled from Oct. 22, Commission Meeting Room -- http://fcc.us/1gqLlbQ
A dialogue may be in the works that would allow confirmation of FCC Chairman-nominee Tom Wheeler. Sen. Ted Cruz, R-Texas, placed a hold on potential Senate unanimous consent confirmation attempts last week, but he may meet with Wheeler soon. Multiple observers pointed to a potential meeting next week as vital in resolving the dispute and getting the two FCC nominees -- Wheeler and Republican nominee Michael O'Rielly -- confirmed in a timely fashion. Otherwise, observers warned Thursday, such a hold may drag for months.
Beleaguered Alaskan telco Adak Eagle Enterprises, whose requests for waiver of the FCC’s new Universal Service Fund rules have been roundly denied by the Wireline and Wireless bureaus (CD July 17 p14), pleaded with the commission to reconsider. In a filing Wednesday the company and subsidiary Windy City Cellular characterized themselves as “tiny companies that worked tirelessly against the odds” to offer phone service in the Alaskan wilderness “when no one else would” (http://bit.ly/1hcWStf). They urged the agency to stop its ceaseless requests for more supplemental information, which have ravaged the carriers: “The FCC is now on the verge of completely destroying the companies.” The Alaskan congressional delegation sent a letter to acting Chairwoman Mignon Clyburn last week warning of the harm that could befall the Adak community if the commission lets its decision stand.
The National Institute of Standards and Technology released the preliminary version of the Cybersecurity Framework Tuesday, meeting skepticism from some cybersecurity experts. Early reaction from industry groups praised NIST’s inclusion of industry in the framework’s development, but the groups said they needed to review the framework more thoroughly. NIST had said it wanted to release the new version for public comment as soon as possible since it missed its original Oct. 10 deadline because of the government shutdown. NIST said it believes it will be able to meet the February deadline to release a final version of the framework.
There’s no stopping the transition to IP-enabled services, and the FCC needs to step up its game, AT&T Senior Executive Vice President-External and Legislative Affairs James Cicconi plans to tell the House Communications Subcommittee Wednesday. According to written testimony (http://1.usa.gov/16sWLlM), he will emphasize consumer demand for wireless and IP-enabled services, which he will tie to the virtues of the IP transition that AT&T has urged the FCC to focus on. Stakeholders will debate before the subcommittee what principles and timeline should accompany this transition.
The Massachusetts Department of Telecommunications and Cable (DTC) should reverse a portion of its interlocutory ruling dismissing an investigation of the rate component of the state’s inmate calling service (ICS) rate-setting mechanism, said a Prisoners’ Legal Services of Massachusetts petition filed Wednesday (http://1.usa.gov/H8wQsL). The usage rate of $0.102 per minute and a flat usage rate of $1.50 per 15-minute call is not “just and reasonable,” said PLS. Rates under $0.102 still yield a “fair profit to ICS providers,” said the petition. PLS said ICS can be profitable for $0.07 per minute with no additional surcharge, based on evidence from the FCC rulemaking proceeding on interstate rates (CD Sept 30 p9). “The Federal Communications Commission has cited the wide variation of interstate ICS rates as evidence of a market failure in the intrastate market as well,” said the petition. For the DTC to ratify a per-minute rate of $0.10 “flies in the face” of the FCC’s own analysis, said PLS. The FCC order made plenty of good points that help PLS argue its case to the DTC, Bonita Tenneriello, an attorney with PLS, told us Friday. “You can’t ask consumers to pay for kickbacks, and almost half of these rates are kickbacks,” she said. “You need to charge consumers fees that only cover the costs of a call.” The FCC’s case will be helpful for DTC regulators in their decisionmaking, said Tenneriello. “The calling companies asked the DTC to dismiss the case, but after the FCC decision, the DTC decided to go forward,” she said. Prison calling rates are unfair to families because prisons often drop the calls, and collect calls are not allowed, said Tenneriello. “The FCC understands that prison rates make it hard for prisoners to stay in touch with their families and keeping in touch is important for reentry after prison,” she said.
Two prominent House Republicans bashed the FCC’s September NPRM that proposed killing the UHF discount. The proposed FCC rules “won’t even be final until next year at the earliest because the FCC can take however long it sees fit -- sometimes more than a decade -- to promulgate rules,” said House Commerce Committee Chairman Fred Upton, R-Mich., and House Communications Subcommittee Chairman Greg Walden, R-Ore., in a joint Wall Street Journal op-ed Wednesday (http://on.wsj.com/1bXwXFW). “Even worse, the commission says whatever rules the FCC dreams up in the future will be applied retroactively. So between now and when the new guidelines become final, no one knows the rules of the game.” The Republicans cite this as an example of the White House being unable to “connect the dots between federal regulatory actions and entrepreneurial investment decisions."
The Georgia Public Service Commission revised a state rule for the federal Lifeline program to ensure low-income households have access to basic communications services, said the PSC in a news release Tuesday (http://bit.ly/GQkbuM). Telcos participating in Lifeline will collect $5 per month from each participating Lifeline subscriber or provide eligible customers a minimum of 500 minutes of use per month, said the PSC. The revised rule will eliminate the photo identification requirement for all Lifeline applicants and it will take effect on Jan. 31, said the PSC.