Chairman Ajit Pai and Commissioner Jessica Rosenworcel clashed over the FCC denying media outlets Freedom of Information Act requests for data about who was commenting in last year's net neutrality proceeding. "What is the Federal Communications Commission hiding?" Rosenworcel asked in a statement Monday accompanying the order. Pai called Rosenworcel's critique "partisan gamesmanship."
FCC Chairman Ajit Pai said he asked staff to expand "engagement with Tribal stakeholders so that their views and insights more fully inform our efforts to identify and develop measures to address, unserved Tribal areas." He noted a recent GAO report urging improved FCC data collection on tribal broadband and input from tribal members (see 1809100041), writing to Reps. Frank Pallone, D-N.J, and Greg Walden, R-Ore., Commerce Committee ranking member and chairman, respectively, and other lawmakers, posted Wednesday in docket 18-5. Meanwhile, Pai responded to Sen. Ron Wyden, D-Ore., who voiced concerns about law enforcement use of cell-site stimulators (StingRays) to identify nearby devices and intercept calls. The FCC's role in such law enforcement use is "limited," wrote Pai: "We do not have the authority or expertise to determine which technologies are most appropriate for law enforcement use." Pai told Wyden: "You note a report from Canada and unsupported allegations that cell-site simulators cause significant interference to emergency services. Career Commission staff was unable to find actual test results by law enforcement authorities in Canada or any other credible evidence that authorized cell-site simulators used by federal law enforcement in the United States are failing to comply with the domestic requirement to cause a 'minimum of interference.'" Separately responding to Wyden cybersecurity concerns about Signaling System 7 vulnerabilities, Pai invited the senator or staff to visit the FCC to view a Communications Security, Reliability, and Interoperability Council risk assessment report "in camera," and to contact the Secret Service and FBI for data on breaches in customer proprietary network information, including SS7-specific breaches.
A surge in FCC ex parte meetings about access to national outage data in the network outage reporting system (NORS) and disaster information reporting system (DIRS) may foreshadow commission action in the near future, said parties to docket 15-80. States and others seek access, but the telecom industry is raising confidentiality concerns (see 1811060036). Multiple stakeholders that have talked with the FCC said the bureau is asking for input and meetings, but it's not clear what, if anything, Chairman Ajit Pai wants to do on the issue or when. The impetus for those meetings isn't clear, we were told.
Parties disagreed on the FY 2019 National Defense Authorization Act's fallout for an FCC's rulemaking to protect the communications supply chain from national security threats. The Telecommunications Industry Association said NDAA Section 889 requires the commission to bar certain suppliers from participating in its funding programs. Huawei -- one of the targeted suppliers -- and others said the recently enacted provisions give the FCC no mandate to impose supplier restrictions on USF support. NCTA suggested the commission defer action and consult with other agencies. Comments were posted through Monday on a public notice (see 1810260044).
ORLANDO -- State regulators’ relationship with the FCC “needs some work,” said NARUC Second Vice President Paul Kjellander in an interview at the association’s annual conference this month. Federal USF contribution modification could raise tension next year if the FCC continues to exclude states from the process, he said. The National Association of State Utility Consumer Advocates, holding its annual event concurrently with NARUC, remains concerned about deregulation and consumers losing protection as telecom technology moves to the IP world, NASUCA President Elin Swanson Katz told us.
Commissioners split on the FCC's role in orbital safety and congestion issues caused by the satellite mega constellation boom and growth of new satellites, but agreed there's a problem. Approving the orbital debris NPRM Thursday, Jessica Rosenworcel and Mike O’Rielly described parts as “timid.” Rosenworcel and Commissioner Brendan Carr staked out different stances on the agency's role and authority on tackling orbital debris. At the meeting, which included a variety of space-related items, members voted 4-0 to update wireless handset hearing-aid compatibility rules (see 1811150033).
Any FCC decision to extend a freeze on federal-state jurisdictional separations of telco costs and revenues without a joint board recommendation would violate "the plain text" of Communications Act Section 410(c), said NARUC General Counsel Brad Ramsay on meetings with an aide to Commissioner Jessica Rosenworcel and an Office of Intergovernmental Affairs staffer, posted in docket 80-286 Tuesday (here and here). A draft order would extend the freeze by up to 15 years, an official told us Wednesday. If "the first five year freeze is a change in the rules that requires a recommended decision, it is impossible to argue that extending the freeze by potentially 15 more years is not also a change -- and a very big change -- in rules," he wrote. "It is illogical on its face to suggest that eliminating a hard deadline that requires the FCC to focus on the freeze and associated separations issues that remain important to the states -- by pushing out the next potential deadline 15 years -- will spur the FCC or the Board to faster action." A commission spokesperson declined comment.
The FCC Communications Security, Reliability and Interoperability Council meets Dec. 13, says a Federal Register notice for Wednesday. The group gathers 1-5 p.m. in the FCC Commission Meeting Room.
ORLANDO -- Utilities should demand faster release of 900 MHz spectrum for infrastructure cybersecurity efforts, said former FCC and California Public Utilities Commission member Rachelle Chong Tuesday at NARUC's annual conference (see 1811130001). “You know how FirstNet got spectrum just for emergency responders? We want utilities to have spectrum just for utility-critical infrastructure.”
The FTC defended its ability to protect consumer privacy, noting limitations. In comments to NTIA (see 1811090050) released Tuesday, FTC staff cited the lack of civil penalty authority, broad rulemaking authority and ability to take action against nonprofits and common carriers. The Children's Online Privacy Protection Act is limited because it doesn’t address offline data or data about children, staff said. The agency “supports a balanced approach to privacy that weighs the risks of data misuse with the benefits of data to innovation and competition,” it said, with 5-0 support from commissioners.