The FCC released drafts of rules Tuesday to modernize unbundling and resale requirements for LECs, update suspension and debarment rules for telecom relay services programs, and modify cost recovery rules for IP-captioned telephone service (IP CTS), a form of TRS. Commissioners tentatively will vote at their Nov. 19 meeting (see 1910280054). Deregulating what incumbents must provide rival telecoms would include transition periods.
The FCC released a draft proposal Tuesday to ban equipment from Chinese vendors Huawei and ZTE from networks funded by the USF. Industry officials largely welcomed the order. Huawei signaled it will fight. Commissioners are scheduled to vote Nov. 19, after Chairman Ajit Pai circulated the item Monday (see 1910280054). The FCC also posted proposed new 911 location accuracy rules.
House Communications Subcommittee Chairman Mike Doyle, D-Pa., saw positive signs for moving forward on legislation to mandate an FCC-led public auction of spectrum on the 3.7-4.2 GHz C band after all subcommittee Democrats and several Republicans showed a clear preference for such a plan during a Tuesday hearing. The panel also was a forum for castigating the C-Band Alliance's proposal for a private auction of the bandwidth, as expected (see 1910280040). All sides continued to meet with the FCC. Chairman Ajit Pai is expected to propose a private auction plan for a vote at commissioners' Dec. 12 meeting (see 1910100052).
Democratic FCC members joined the majority Friday, begrudgingly approving Charter Communications’ effective competition petition based on the existence of vMVPD AT&T TV Now (formerly DirecTV Now). Both they and the Republican majority said the Cable Act clearly justifies grant of Charter’s petition. Democrats concurred in their votes, citing the near-certitude customers in parts of Massachusetts and Hawaii will face big jumps in the cost of basic cable.
FCC Commissioner Mike O'Rielly appears to have the support of several top Republicans to remain for another term, a factor officials told us makes him strongly favored for renomination. One stumbling block appears to be the timeline for President Donald Trump to re-up him amid a souring confirmations atmosphere on Capitol Hill caused by the House impeachment inquiry and 2020 presidential campaign. O'Rielly's term expired June 30 (see 1412170031). He can remain until this Congress ends at the beginning of 2021.
The European Commission sees "good progress" with Privacy Shield after three years, said European Justice, Consumers and Gender Equality Commissioner Vera Jourova Wednesday. The EC's third review of the trans-Atlantic personal data transfer system found the U.S. followed last year's recommendations, and that about 5,000 companies participate, she said. After EC urging, the U.S. appointed a permanent ombudsman to ensure Europeans' complaints about national security are properly resolved; the Department of Commerce is more attentive to exercising oversight; and the FTC stepped up investigations. PS became a "good tool of digital diplomacy" that spurs dialogue, with several U.S. states and the federal government now talking about data protection legislation, Jourova said. The report noted several issues with practical implementation, and recommended Commerce shorten various periods granted companies to complete recertification, and develop tools for detecting false claims of participation from companies that never applied for certification, and that the FTC prioritize finding ways to share meaningful information about ongoing investigations with the EC and EU data protection authorities. "Privacy Shield remains a successful instrument for the protection of European citizens' data and an essential tool for the safe transfer of commercial data between the two largest trading partners," said Computer & Communications Industry Association European Senior Manager Alexandre Roure. The pact is working but in jeopardy, said Center for Data Innovation Senior Policy Analyst Eline Chivot. The European Court of Justice hasn't ruled whether European citizens' personal data can be transferred to the U.S., a decision expected early next year. This positive review shows the "landmark initiative continues to be a reliable and stable mechanism" for smooth, secure data flows, said Information Technology Industry Council Vice President-Europe Guido Lobrano.
ISPs and state telecom authorities asked the FCC to delay the first-round auction for its $20 billion Rural Digital Opportunity Fund until it gets better broadband mapping data. In replies posted through Tuesday in docket 19-126, the California Public Utilities Commission, National Association of State Utility Consumer Advocates (NASUCA) and Navajo Telecommunications Regulatory Commission, among others, supported delay.
The Supreme Court won’t hear Minnesota’s appeal of the 8th U.S. Circuit Court of Appeals' decision that VoIP is an information service exempt from state regulation (see 1910090048). The high court denied the Public Utilities Commission’s petition for writ of certiorari Monday. Agreeing cert should be denied, Justice Clarence Thomas said the court should, “in an appropriate case ... consider whether a federal agency’s policy can pre-empt state law.” Thomas doubts "a federal policy -- let alone a policy of nonregulation -- is ‘Law’ for purposes of the Supremacy Clause,” he wrote, joined by Justice Neil Gorsuch. “Giving pre-emptive effect to a federal agency policy of nonregulation thus expands the power of both the Executive and the Judiciary.” The view of two justices has “no precedential value” but “is nonetheless an indicator of the difficulties of the FCC’s position on preemption of state net neutrality provisions based on its asserted policies of non-regulation,” emailed Benton Institute Senior Counselor Andy Schwartzman. The PUC didn't comment Monday. Charter Communications, which brought the original suit against the agency, declined comment. The telecom industry endorses a draft declaratory ruling, which the FCC will consider at commissioners' meeting Friday, on regulatory parity for 911 fees between VoIP and traditional phone services (see 1910210055).
Southern Pennsylvania community leaders and stakeholders said House Small Business Rural Development Subcommittee members should consider changes to federal broadband programs, during a Monday hearing in Gettysburg. Witnesses cited overlapping FCC and Department of Agriculture mandates on broadband funding and pointed to state-level initiatives as both a positive and negative development. House Communications Subcommittee leaders are working on a combined broadband mapping legislative package that's expected to be filed using Broadband Deployment Accuracy and Technological Availability (Data) Act (HR-4229) as its vehicle (see 1909250063).
Broadcasters aren't expected to have to make sweeping changes to how they maintain political files after an FCC order made clearer what information needs to be in them. The clarification could make it easier to get compliance from advertising agencies that sometimes provide incomplete information. That order and a related one were ostensibly released Wednesday afternoon but not available online that night. The agency said at a little past noon Thursday that the links were working.