Commissioner Jessica Rosenworcel accused FCC colleagues of regulatory “doublespeak,” in a decision clarifying text messages are a lightly regulated Communications Act Title I service. Members approved the declaratory ruling 3-1 over her dissent, as expected (see 1812050019). Commission staff couldn't identify any instances where lightly regulating wireless texting would have better prevented spam, and groups that generally back regulation cried foul. Members separately approved a reassigned number database order targeting some unwanted robocalls, with safe harbor from liability (see 1812120026).
The California Public Utilities Commission postponed a vote planned for Thursday on a proposal to affirm text messaging is subject to state USF and other “public purpose program” surcharges. Commissioner Carla Peterman held the item until Jan. 10 for “further review,” said a CPUC hold list released Monday. A CPUC spokesperson didn’t elaborate. The agency shifted an item on California LifeLine pilot programs to Thursday’s consent agenda, which means it will be taken up with many other items and won’t require discussion. Consideration of the texting item was complicated by an FCC vote expected Wednesday to clarify wireless messaging as a federal Communications Act Title I information service, rather than a more regulated telecom service (see 1812050019).
Critics of a satellite repurposing and secondary-market airwaves sale plan used replies on opening the C band to buttress the case for the FCC taking a different approach. The earliest replies last week in docket 18-122 featured big satellite companies pushing for their market plan to clear up to 200 MHz for other use (see 1812070041) while attacking T-Mobile asking the commission to hold an auction and possibly sell even more. Now, more recent but still early replies posted this week through Tuesday afternoon suggest sharing satellite's spectrum with broadband services, possibly across the entire band's 500 MHz swath.
The FCC was correct to renew the license of Fox Television Stations' WWOR-TV Secaucus, New Jersey, in July, said Chairman Ajit Pai in a November letter responding to New Jersey Sens. Cory Booker and Robert Menendez, both Democrats, posted online Friday. “Even the evidence presented by those seeking denial of the license renewal ultimately supported the finding that WWOR-TV significantly covered New-Jersey-centric issues, including New Jersey politics." The vote to renew WWOR was unanimous. “I know you agree with me that the Federal Communications Commission should not put itself in the newsroom to second-guess the editorial decisions of journalists,” Pai wrote. Renewal “raises a serious question” about what a local citizen “would have to demonstrate for the FCC to deny a license renewal based upon the inability of WWOR (or any other station) to serve its local community,” wrote Booker and Menendez.
Debate continues whether the FY 2019 National Defense Authorization Act means the FCC can bar use of USF money to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain (see 1811190033). Replies largely followed the same lines as initial comments. Most said the NDAA clearly doesn’t apply here.
Industry witnesses at a Tuesday House Communications Subcommittee hearing will laud the passage and ongoing implementation of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute, in written testimony. They will outline additional legislative measures for consideration in the 116th Congress. The House Communications hearing is expected to emphasize the statute's language to aid the broadcast incentive auction repacking process. Lawmakers are likely to again raise concerns about the FCC's broadband coverage data mapping practices (see 1812070040). The hearing begins at 2 p.m. in Rayburn 2322.
NTIA's request federal wireless users assess their long-term spectrum needs (see 1811300046) is partly an attempt to plan for addressing continuing private-sector demand for access to government frequencies, said Administrator David Redl at Friday's Practising Law Institute conference. Nearer term, he voiced optimism about spectrum sharing and making prized mid-band spectrum available.
The FCC will investigate if top wireless carriers submitted incorrect coverage maps in violation of Mobility Fund Phase II rules, Chairman Ajit Pai said Friday. The commission suspended the window for responding to MF-II challenges until the probe’s conclusion. Carriers said they'll cooperate. FCC Commissioner Jessica Rosenworcel, state commissioners and rural competitive carriers welcomed investigation, saying more work is needed.
The House and Senate Commerce committees are likely to make the Satellite Television Extension and Localism Act reauthorization debate and further work on spectrum and broadband-centric legislation some of their top 2019 priorities, said telecom aides during a Thursday Practising Law Institute event. Aides also cited interest in continuing to talk about net neutrality policy next Congress. Lawmakers and communications lobbyists we recently interviewed were skeptical of progress on a net neutrality compromise given the upcoming shift to split partisan control of Congress (see 1811290042). FCC Commissioners Mike O'Rielly and Jessica Rosenworcel meanwhile told PLI the commission shouldn't be cautious in pursuing policies to keep the U.S. competitive (see 1812060056).
The FCC without fanfare included its latest Measuring Broadband America reports in draft appendices to a draft communications market report -- mandated by Ray Baum's Act -- slated for a vote at commissioners' meeting Wednesday. Commissioner Jessica Rosenworcel criticized the "slow" release of MBA reports that she and others said were "buried" in a long document. They generally show the median consumer broadband speeds of ISPs participating in tests continue to rise, with cable companies at the top, followed by telco fiber and satellite, and telco DSL at the bottom.