PASADENA, Calif. -- A federal judge appeared skeptical Monday of an FCC safe harbor threshold that lets communities charge wireless carriers up to only $270 yearly for each small-cell facility. Municipalities and others are challenging FCC wireless infrastructure orders in a consolidated case at the 9th U.S. Circuit Court of Appeals. Judges’ decision about whether the commission legally pre-empted local authority in the right of way could have broader impact for local authority in telecom (see 2002060056).
President Donald Trump’s administration again proposes to zero out federal funding for the CPB in his FY 2021 budget proposal, getting familiar opposition from the entity’s supporters. He sought to draw down CPB’s funding in each of his budget proposals since taking office in 2017 (see 1903180063). Trump seeks an increase in appropriations to the FCC and NTIA, but wants to slightly decrease the amount provided to the FTC. Trump signed off in December on FY 2020 appropriations, including $339 million for the FCC, $331 million for the FTC and $40.4 million for NTIA (see 1912190068).
The House Commerce Committee’s telecom agenda is set to be dominated in the coming weeks by leaders’ work to reach a deal on legislation on allocating the proceeds of a coming FCC auction of spectrum on the 3.7-4.2 GHz C band, lawmakers and lobbyists told us. Committee members are being pressed by a planned Feb. 28 FCC vote on Chairman Ajit Pai’s C-band plan, which he unveiled Thursday (see 2002060057) and released Friday. Other items are also percolating, including on public safety communications, network resiliency and broadband.
Local governments and the FCC are gearing up for oral argument Monday at the 9th U.S. Court of Appeals in Pasadena, California, on two commission orders the agency and industry say are needed to streamline 5G infrastructure deployment. Judges’ decision about whether the commission legally pre-empted local authority in the right of way could have broader impact for local authority in telecom, municipal attorneys and others told us.
The amount satellite operators would receive to exit the C band on an expedited basis appears to be in flux headed into FCC Chairman Ajit Pai’s big unveil Thursday of his proposal. Some at the FCC earlier appeared to take a hard line, suggesting a $5 billion incentive payment for all operators (see 2001290049). Pai may be willing to offer a higher amount but less than $10 billion.
Concerns continue over new Rural Digital Opportunity Fund language in the order that was approved along party lines at Thursday's FCC meeting and could restrict support in areas that get state USF-like funding (see 2001300001). Stakeholders Tuesday were awaiting the order's release. "We are working to get it out as soon as possible," an FCC spokesperson emailed.
FCC Commissioner Mike O’Rielly said he’s not “professionally embarrassed” about the state of the TV industry, in a letter to longtime consumer activist and former presidential candidate Ralph Nader posted Monday. “I am proud of the accomplishments of my work and this Commission,” O’Rielly responded to letters Nader sent to all five commissioners in March and in January. The March letter called the FCC “an inert toady” for the radio, broadcast TV and cable industries and Chairman Ajit Pai “a textbook poster boy for future scholars of regulatory capture.” Last month, Nader rebuked commissioners for not responding. "This is not good protocol," Nader told the commissioners. "Remember, the agency that you have been entrusted with is called the Federal Communications Commission, not the Federal Stonewalling Commission." In an interview Monday, Nader said TV content is largely “junk” and the FCC let down the public interest by allowing too much advertising and getting rid of regulations that served the public, such as the fairness doctrine. Licensees are taking advantage of public resources in the form of broadcast spectrum and cable licenses, Nader told us. “They’re using our private property!” Nader said. “I respectfully disagree,” O’Rielly said in his response letter. Nader faulted the other FCC members for not responding. He’s waiting for more responses before deciding whether to reply to O’Rielly.
States with their own broadband subsidy programs or partnered with federal programs could face reduced funding opportunities through the Rural Digital Opportunity Fund, after language was added to an order Wednesday, Democratic commissioners told reporters Thursday. Commissioners voted along party lines to approve the order for the $20.4 billion program. Commissioners Jessica Rosenworcel and Geoffrey Starks approved in part and dissented in part.
The National Association of Federally-Insured Credit Unions urged caution on implementation of secure handling of asserted information using tokens (Shaken) and secure telephone identity revisited (Stir) call authentication. “NAFCU supports the Commission’s goal to eliminate illegal automated calls using a fully tested and effective STIR/SHAKEN framework,” said Wednesday's filing in docket 17-59. But the framework “must be designed to ensure that important and often time-sensitive calls that legitimate businesses, including credit unions, place to their customers are not blocked." Others also raised concerns. “Account for the potential unintended negative implications of these tools on consumers if not calibrated carefully,” NTCA commented: “False positives represent a very real concern.” The Consumer Bankers Association said legitimate calls must be completed: “Limitations and blockades to customer communications can have significant impacts.” The Professional Association for Customer Engagement said its members report that legal calls made by unpopular callers such as debt collectors are at times blocked. “Callers face challenges mitigating erroneous blocking because they often do not know for some time that an error occurred or its source,” the group said: “Currently, callers rely on noticing sharp downward trends in call completion rates, upturns in busy signal rates, and reports from called parties to identify erroneous call blocking.” Cox Communications said it offers Nomorobo, a third-party service. Less than 5 percent of its residential customers signed up, said the cable operator.
The FCC is expected to make changes to a draft Rural Digital Opportunity Fund order, responding to industry concerns that USF recipients could have trouble meeting financial requirements under the version that circulated earlier this month, agency officials told us Wednesday. They and stakeholders expect changes to address industry concerns about RDOF letter of credit (LOC) requirements (see 2001230005). Changes to allow New York state providers to bid in the program's phase one auctions (see 2001280039) aren't expected.