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.
Early results of the first nationwide test of the wireless emergency alert system show “uneven” reception, the FCC Public Safety Bureau found from the October test of WEA and the emergency alert system (see 1810030051). Friday's public notice had more details for the EAS test, which wasn't a first, than for the WEA one because wireless test reporting isn't required, unlike for EAS. After surveying emergency communications representatives for most states and national industry associations, we found that officials, too, had better success with EAS tests. The report also squared with government predictions.
Withdrawal of both holds on Senate confirmation of FCC Commissioner Brendan Carr to a full five-year term ends the main hurdle to approval of him and Democratic FCC nominee Geoffrey Starks. But dynamics in the Senate continue to cloud their chances for confirmation this year. Senate leaders have been working since June to advance the nominees as a pair (see 1806270065). Sen. Dan Sullivan, R-Alaska, lifted his hold on Carr (see 1812200033) in concert with the formal end of a separate hold by Sen. Joe Manchin, D-W.Va. President Donald Trump would need to renominate Carr and Starks for the Senate to reconsider them in 2019.
U.S. authorities "are living up to their commitments" and Privacy Shield works, but the European Commission may be forced to act if no permanent ombudsman is appointed by Feb. 28, European Justice, Consumers and Gender Equality Commissioner Vera Jourova told reporters Wednesday. Such actions could include limiting access by U.S. government bodies to Europeans' personal information or even suspending PS, she said. Despite the warning, the EC's second review of the trans-Atlantic personal data transfer system showed the U.S. has implemented most recommendations from last year's report, she said. Asked why it has taken so long to put an ombudsman in place, Jourova said that in March 2017, the U.S. administration asked her to be patient because so many posts needed Senate confirmation. Now, she said, "my patience is coming to an end." The report noted that as of now, "the Ombudsman mechanism had not yet received any requests," but a complaint to the acting ombudsman "had been submitted to the Croatian data protection authority and the relevant checks were ongoing." If the EC is "forced to take steps" over the appointment, it could amend PS in ways that could make compliance by U.S. companies more cumbersome or suspend the system altogether, Jourova said. The review found the Department of Commerce boosted its certification process and introduced new oversight procedures, including requiring first-time applicants to refrain from advertising their membership until their certification is complete. DOC also is "actively" using tools to catch companies that falsely claim membership and has referred more than 50 cases to the FTC, which took enforcement actions when needed, the EC said. The FTC has started issuing administrative subpoenas to seek information from some shield participants, it said. The review noted growing discussion in DOC and FTC on a federal approach to data privacy, and cheered the naming of a full quorum of Privacy and Civil Liberties Oversight Board members. The FTC "welcomes the European Commission’s conclusion that Privacy Shield continues to provide an adequate level of protection," a spokesperson emailed. The DOC and its NTIA and International Trade Administration had no comment. The Computer & Communications Industry Association commended the "thorough review."
Widespread doubts about the likelihood of Senate confirmation this year of FCC Commissioner Brendan Carr to a full five-year term and Democratic FCC nominee Geoffrey Starks remained Wednesday, despite the likely impending end of one of two holds on Carr. Sen. Joe Manchin, D-W.Va., said he's close to lifting his hold. Sen. Dan Sullivan, R-Alaska, said he was still maintaining his hold. Senate leaders intend to move Carr and Starks as a pair.
Cities sought court stay of the FCC September wireless infrastructure order, and the commission and wireless carriers opposed San Jose’s motion to transfer appeal of the order to the 9th U.S. Circuit Court of Appeals. “Action is urgently required on this Motion, as the Order will be effective in part on January 14, 2019,” San Jose and other cities said Monday (in Pacer). “The Order dramatically changes the status quo that the Commission concedes works well in many places,” violates the Communications Act and “raises significant constitutional issues,” cities said. “A stay will allow deployment to proceed while avoiding significant delays and irreversible harms that would result from nationwide regulatory whiplash as the Order takes effect in stages and potentially changes after judicial review.” A judicial lottery selected the 10th Circuit for industry and local-government challenges, but San Jose sought transfer to the 9th (see 1811300034). “San Jose misreads federal law as requiring transfer to the Ninth Circuit after the Judicial Panel randomly assigned all six qualifying petitions, filed in four different circuits, to this Circuit,” the FCC said in opposition posted Tuesday. The agency disagreed with cities’ argument courts should treat an August infrastructure order -- under appeal in the 9th -- as the first part of the same order. They "are separate standalone orders that were adopted by separate votes on separate documents at separate times based on differing records (with over 700 additional record submissions for the September Order), and the two orders each address separate and discrete subjects,” the FCC said. They are different, CTIA agreed (in Pacer). Cities’ “suggestion that this Court is somehow ill-suited to resolve the relevant legal issues or is not as well situated to consider this case as the Ninth Circuit, is legally unsupported and a transparent attempt at forum shopping. Moreover, because serious jurisdictional questions cloud the petition pending in the Ninth Circuit for review of the August Order, transfer of this case to that court would be particularly inappropriate.” Transfer got support (in Pacer) of Seattle and other municipalities that challenged the FCC order separately from the San Jose group.