T-Mobile/Sprint opponents in New York support strong state conditions on the $26 billion deal, their representatives told us Friday, the due date for the second round of comments in case 18-C-0396 at the New York Public Service Commission. While not ready to support the deal, the Public Utility Law Project has moved from a position “tending toward telling the commission to deny,” said PULP Executive Director Richard Berkley. In the California Public Utilities Commission review, intervenor testimony is due Monday, with hearings planned this month and next.
The 8th U.S. Circuit Court of Appeals won't halt the FCC's September wireless infrastructure but will transfer the case to the 10th Circuit, the venue selected by lottery for other challenges of the infrastructure order. In a judgment (in Pacer) Thursday, the 8th Circuit granted the FCC's motion to strike Little Rock's stay request, and the agency's separate motion to transfer. The city's stay motion didn't comply with Federal Rule of Appellate Procedure 18(a)(2)(A)(i), the court said. The Arkansas capital city failed to show it's likely to prevail on the merits or that it will be irreparably harmed, the FCC said Wednesday at the 8th Circuit. That day, the FCC also opposed a stay motion by San Jose and other cities in the 10th Circuit on the same order (see 1901020039). The FCC “reasonably interpreted the [Communications] Act to apply to all state and local measures that have the effect of prohibiting wireless service, including restrictions on municipally-owned structures,” the agency told the 8th Circuit. “The Commission’s interpretation simply provides a basis for wireless carriers to seek relief in court, where municipalities remain free to contend that such relief is not warranted.”
The FCC plans to vote on an order to drive down Connect America Fund Phase I support in price-cap telco areas where CAF Phase II auction winners will receive support and in the areas that weren't eligible for the auction, said the tentative agenda for the Jan. 30 commissioners' meeting. Commissioners will consider a caller-ID spoofing NPRM, an IP captioned telephone service (IP CTS) order and Further NPRM, an NPRM proposing changes to the rules on applications for noncommercial education stations and low-power FM stations, and a media modernization order to eliminate requirements for broadcaster midterm equal employment opportunity reports.
Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.
FCC Chairman Ajit Pai hailed apparent end Wednesday of the push for the Congressional Review Act resolution of disapproval aimed at reversing rescission of commission 2015 net neutrality rules. The House held a brief pro forma session Wednesday but conducted no business amid the ongoing partial government shutdown (see 1901020048), ending the final full day of the 115th Congress. The House is expected to hold a final pro forma session at 11 a.m. Thursday, just before the formal start of the 116th Congress. Incoming House Communications Subcommittee Chairman Mike Doyle, D-Pa., this Congress pushed strongly for the CRA measure (see 1811290042). “I’m pleased that a strong bipartisan majority” in the House “declined to reinstate heavy-handed Internet regulation," Pai said. Recent reports from the Fiber Broadband Association and Ookla showed “broadband speeds are up” and “fiber was made available to more new homes in 2018 than in any previous year.” A discharge petition to force a vote had support from 182 House members, below the required 218. The Senate passed the measure in May, 52-47 (see 1805160064). Incoming House Commerce Committee Chairman Frank Pallone, D-N.J., is planning a net neutrality hearing for early this year (see 1812310008). Fight for the Future, a booster of the CRA measure, acknowledged Wednesday the “clock has run out” but Deputy Director Evan Greer said the larger net neutrality effort isn't finished. “We used the CRA as a powerful tool to get lawmakers on the record,” Greer said. “If House leadership had allowed a vote on the CRA, we likely would have won that too. Instead, we used a discharge petition to get a record number of lawmakers publicly in support of strong net neutrality protections.” House Democratic leaders proposed expanding legislative days members can execute a discharge petition as part of the chamber's rules package for next Congress. The House is to vote on the rules Thursday, in the new Congress. A federal court named a panel with two Democratic appointees and one Republican appointee to review the FCC net neutrality rollback order (see 1901020040).
States are looking into the CenturyLink outage that disrupted 911 systems across the country, with more formal investigations possible, said utility commissions we surveyed Wednesday. State-level probes are important and complement the federal probe announced last week by FCC Chairman Ajit Pai (see 1812280033), said NARUC and the National Association of State 911 Administrators (NASNA).
The FCC will continue to make key systems available to the public, even as staff are sent home starting mid-day Thursday, said a detailed announcement (see 1901020043). Many, including staff, feared systems would be taken offline as they were in 2013 (see 1812280021). Staff held an all-hands meeting Wednesday afternoon to be briefed on the details before release of the public notice, agency and industry officials said.
Despite heightened local opposition (see 1812170043), the FCC likely won't retreat from its plan to make it harder for local franchise authorities to get cable operators to provide extra services and carry public, educational and government programming, predicted those on both sides of the LFA issue. Those obligations have been in addition to fees LFAs collect from cable, with the amount as much as 5 percent of cable-TV providers' video revenue. Stakeholders expect the commission will make it tougher for local governments to get extras from cable providers without having to deduct those perquisites from the federal 5 percent cap. No immediate action is expected and it's thought staff aren't close to any final decisions.
Litigation looms over a lengthy FCC jurisdictional separations freeze despite buy-in from key state regulators. Critics plan a court challenge to a Dec. 17 order extending the freeze on rules allocating most regulated costs to intrastate rather than interstate services, which they say eases illegal cross-subsidies. “We’re going to definitely appeal," said Bruce Kushnick, New Networks Institute executive director. Commissioner Mike O'Rielly, chairman of a federal-state joint board on separations, and others said the rules are becoming less relevant, applying to fewer carriers.
With tough choices looming, FCC officials don't appear to have decided on rules or other actions stemming from a proposal to bar use of USF money to make purchases from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain. Industry officials said supply chain issues are expected to be a focus at CES Jan. 8-11 in Las Vegas.