Proposed California pilot programs meant to expand service for low-income households drew concerns from industry and consumer groups, in comments this week at the California Public Utilities Commission. The CPUC scheduled votes April 25 in its consent agenda on proposed decisions (PD) to establish a $5 million California Advanced Services Fund (CASF) line extensions program pilot and to authorize state LifeLine pilot programs by Boost Mobile and iFoster (see 1903270011 and 1903260051). The agency plans to vote the same day on proposed changes to the California Teleconnect Fund for schools and libraries that also got opposition (see 1904120037 and 1904110032).
Officials in President Donald Trump's administration and the FCC spoke optimistically about the U.S. path forward on rural broadband and spectrum policy during a Monday NTCA event, citing 2018 successes and actions slated for this year. The FCC's plans to follow up the USF Connect America Fund with a new $20.4 billion Rural Digital Opportunity Fund (see 1904120065) received some attention at the event, but more focus was on upcoming spectrum auctions and ways to increase rural broadband deployments.
The federal Bureau of Prisons last week tested micro-jamming technology to determine if micro-jamming could prevent wireless communication by inmates using contraband cellphones, DOJ said Friday. The pilot test was conducted at the Broad River Correctional Institution in Columbia, South Carolina, and follows earlier tests at a federal corrections facility in Cumberland, Maryland (see 1801180054). “Contraband cellphones have been used to run criminal enterprises, distribute child pornography, and facilitate the commission of violent crimes -- all while inmates are incarcerated,” said DOJ, noting that only federal agencies, not state or local prisons, can obtain authorization to jam the public airwaves. NTIA authorized the test, which was coordinated with the FCC. NTIA will analyze the data and prepare a report.
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.
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.
Akin Gump got some support in seeking FCC clarity on fax “sender” under the Telephone Consumer Protection Act, so it's harder to sue companies whose products are unknowingly hawked in junk faxes (see 1903070051). Comments were posted through Tuesday in dockets including 02-278. Educational Testing Service noted "federal courts have divided over how to apply the TCPA and the Commission’s regulations" here. "Why would Congress or this Commission impose liability on someone who had nothing to do with sending an allegedly unlawful fax?" asked the educational test developer. "What sense could there be in stringing companies up for massive statutory damages when, as everyone acknowledges, they did not send the fax (or cause it to be sent) in any ordinary sense of those terms?" AmeriFactors Financial supported much of the law firm's petition, with the company raising more fax scenarios where the FCC ought to not find one liable for violating the TCPA. RingCentral agrees with the petition that the agency should say “sender” doesn't include entities that merely dispatch others’ faxes but only those that compose the fax or choose recipients. That would ensure "TCPA continues to protect injured consumers by holding accountable the bad actors who initiate unsolicited" ads, commented the provider of virtual fax and other communications services. Bais Yaakov of Spring Valley, New York, which litigated a TCPA case against the FCC, asked, along with Roger Kaye MD PC and a few others that Akin's request be denied. They supported a definition/test backed by Cin-Q Automobiles. The Edelman Combs law firm that represents consumers who got unsolicited junk faxes opposed the petition: "Akin Gump has failed to identify any ambiguity in the 2006 Junk Fax Order that necessitates clarification."
Expected House passage of the Save the Internet Act net neutrality bill (HR-1644) is unlikely to spur the Senate to take up the bill's companion version (S-682) or to rejuvenate a fledgling working group in the chamber aimed at writing alternative legislation, lawmakers and lobbyists told us. HR-1644/S-682 would reverse the FCC order rescinding its 2015 net neutrality rules and restore reclassification of broadband as a Communications Act Title II service (see 1903060077).
With Colorado poised to enact net neutrality legislation, observers said the state might be less likely than others to attract a lawsuit. Longtime net neutrality supporter Colorado Gov. Jared Polis (D) is expected to sign SB-78 to restrict high-cost support or other state broadband funding to companies that adhere to open internet principles, and require government entities give preference in procurements to ISPs that follow rules.
The House Rules Committee appears likely to clear at least some of 17 amendments to the Save the Internet Act net neutrality bill for floor consideration this week, said communications sector lobbyists and officials in interviews. A final vote on HR-1644 is expected Tuesday afternoon or Wednesday morning.
As frustrated stakeholders watch an FCC drafting process that they want to be more transparent for an NPRM circulating on USF budgets, concerns about the document's details (see 1903270042) are mounting (see 1903280050). All stakeholders we interviewed this week and last wish the rulemaking had been set for consideration at a monthly commissioners' meeting, so it would be public three weeks beforehand. Or, they wanted it released another way in advance.