Telco, cable and electric company interests cited their efforts to restore services in the Florida Panhandle hammered by Hurricane Michael in October. Recovery was slowed by the magnitude of the devastation and coordination difficulties, and service remains out in some areas, they commented, posted through Tuesday responding to an FCC Public Safety Bureau public notice in docket 18-339 (see 1811160050).
The FCC could soon address intercarrier compensation "arbitrage," said two FCBA panelists Tuesday. The commission is taking the issues seriously in a proceeding "ripe" for action, said Matthew Nodine, AT&T assistant vice president-federal regulatory. He's hopeful the commission acts in a "very quick time frame" to curb arbitrage "schemes" that generate carrier payments. Moderator Philip Macres of Klein Law suggested the agency could look to act in Q1. The FCC didn't comment.
Chief Justice John Roberts and Justice Brett Kavanaugh likely will participate if the Supreme Court is asked to review the FCC net neutrality rollback, said court watchers, noting justices have wide leeway on recusals. They recused themselves without explanation from a November decision not to consider the prior commission's 2015 Communications Act Title II net neutrality order (see 1811050008). Their apparent reasons -- possible conflicts over Roberts' shares and Kavanaugh's lower court participation -- aren't expected to be repeated if the current Republican-run FCC's Title I order comes before them.
Supreme Court review of a federal appeals court ruling that interconnected VoIP is an information service is no sure thing. But petitioning the highest court may be the Minnesota Public Utilities Commission’s only remaining option if the agency wants to continue arguing the state may regulate Charter Communications cable VoIP, said experts in interviews last week. The 8th Circuit U.S. Court of Appeals earlier this month denied the PUC’s petition for en banc rehearing (see 1812040045) of a panel’s September ruling (see 1809070030). If it stands, the decision would affect a Vermont VoIP proceeding and any other state that sees traditional and VoIP services as functionally equivalent, experts said.
The FCC Communications Security, Reliability and Interoperability Council approved a recommendation Thursday that new rules aimed at protecting the national security of networks be narrowly tailored to prevent disruptions. Commissioners approved an NPRM in April that would bar use of money in any USF program to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain (see 1804170038). Chairman Ajit Pai said Wednesday those security concerns remain a commission focus (see 1812120043).
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.