House Communications Subcommittee members drew two competing pictures during a Thursday hearing on how federal statute is governing the media marketplace. House Majority Whip Steve Scalise, R-La., argued that the 1992 Cable Act is too outdated to still be effectual given the rapid growth of virtual MVPDs and over-the-top providers. Other Republicans noted changes in the landscape. House Communications ranking member Mike Doyle, D-Pa., and other Democrats trained their fire on how FCC actions under current Chairman Ajit Pai could negatively affect people who primarily rely on over-the-air broadcasting for content. The hearing included a focus on Scalise's Next Generation Television Marketplace Act (HR-6465) and the upcoming 2019 debate on Satellite Television Extension and Localism Act (STELA) reauthorization, as expected (see 1809260054).
The FCC approved a declaratory ruling and order designed to speed the deployment of small cells and 5G across the U.S. Commissioner Jessica Rosenworcel, whose vote had been in doubt (see 1809200007), partially dissented and partially concurred Wednesday.
Parties urged new FCC actions to combat unwanted robocalls, differing on specifics. Telecom providers seek more call-blocking authority with regulatory flexibility; consumer groups recommend a more prescriptive approach; and telemarketers want fine-tuning to better target illegal calls and reduce "false positives" blocking legal calls. Comments were posted through Tuesday on a public notice to update the record in docket 17-59, after a November order authorized voice providers to block calls deemed highly likely to be illegal: from phone numbers on a "Do-Not-Originate" list and "those that purport to be from invalid, unallocated, or unused numbers."
Appoint an independent commission to examine communications failures in Puerto Rico after Hurricane Maria, said a letter to FCC Chairman Ajit Pai from consumer groups, academics and advocates. They include former Commissioner Gloria Tristani, Free Press, the National Hispanic Media Coalition and Center for Media Justice. “There is still much we do not know about the response of telecom companies and our government,” the letter said. The damage to communications “apparently contributed significantly” to the recently adjusted multi-thousand person death toll by preventing residents in danger for calling for help, the letter said. Though the FCC issued a report in August (see 1808240052) on its hurricane response, it “failed to provide the kind of comprehensive examination that is needed following such a historic tragedy in Puerto Rico,” the letter said. Recent reports on the disaster from GAO and the Federal Emergency Management Agency also don’t go into enough depth on communications challenges and solutions for Puerto Rico, the letter said. The agency should analyze those issues in depth, and hold bilingual public hearings in Puerto Rico, the letter said. Commissioner Jessica Rosenworcel, who in the letter is quoted criticizing the FCC’s report, also sought such hearings (see 1709260044). Without more FCC investigation, it’s difficult to know how to direct the additional USF payments aimed at restoring service to the island, the letter said: “Puerto Ricans deserve a comprehensive examination, from an independent commission, that fully explores the causes for the critical failure of communications infrastructure.”
ISPs seeking pole attachment expanded calls for the Maine Public Utilities Commission to adopt the FCC rate formula, after Consolidated Communications and other pole owners reported they would have to charge much less using the federal method. Maine reverse pre-empted the FCC. Now, the PUC is weighing adopting in docket 2018-00010 the FCC newer method for setting rates (see 1807240019). Consolidated wants the PUC to keep Maine’s Chapter 880 formula allowing higher rates, even though it actually sets rates by private contract like other pole owners there.
Lifeline providers endorsed and USTelecom opposed TracFone's emergency petition for the FCC to direct Universal Service Administrative Co. to speed efforts to obtain access to key federal databases or postpone a national verifier's (NV) hard launch. Comments were posted through Thursday in docket 17-287. Sprint noted the databases contain information on consumers who participate in Medicaid, food stamps and other federal assistance programs. "Automated access to this information will help the NV to verify an end user’s ... eligibility to receive the federal Lifeline benefit in an efficient and user-friendly manner, and will reduce the need for resource-intensive manual processing" that's costly for providers and "cumbersome and frustrating for end users," said Sprint in docket 17-287. The FCC should instruct USAC to set the NV hard launch dates only after application programming interfaces and database connections are implemented, said Q Link Wireless, noting its own API petition (see 1808130034). The National Lifeline Association said FCC policy goals were undermined by USAC's initial, soft launch without automated database access to Lifeline-qualifying programs "while simultaneously refusing to accept eligibility documentation from third-party sources such as Managed Care Organizations." Sage Telecom Communications (TruConnect) also supported the petition but asked if the agency moves forward without access to key databases, it allow documentation through such third parties. USTelecom, citing the goal of combating Lifeline abuses, said the FCC shouldn't let delayed access to the databases disrupt the transition to the NV, but instead should work with USAC and states to ensure timely access to the necessary databases. A telecom consultant disputed FCC claims, based on a 2017 GAO report that Lifeline resellers caused extensive program abuses. The report "in no way supports the Commission’s assertions regarding the scale of actual waste, fraud and abuse within the program, let alone its allegations of 'unscrupulous' behavior by resellers," said Gately Consulting, in a letter to House and Senate Commerce Committee leaders posted in the docket. Gately said GAO used a "flawed methodology to verify eligibility," relied on data intended for other purposes, and the "data fell within the statistical error range."
The FCC is considering delaying Thursday's first national test of wireless emergency alerts, followed by an emergency alert system test, because of Hurricane Florence, wireless industry officials said Friday as the storm was hitting. The agency granted some telecom leeway during the storm, and also released its first outage report.
NARUC said the FCC should limit an extension of a jurisdictional separations freeze to no more than two years to allow further federal-state discussions. The group said an FCC proposal to extend the freeze of separations category and cost-allocation factors for up to 15 years (see 1807180059) would constitute a change in Part 36 rules. Communications Act Section 410(c) "does not permit the FCC to revise those procedures without first consulting with the federal-state joint board," NARUC replied, posted Tuesday in docket 80-286. It recognized most initial commenters favor an extension (see 1808280021). "But those that address the extension parrot the [Further] NPRM’s rationale with little or no amplification," NARUC said. "There is no evidence in those comments or in the record that can justify a lengthy freeze. Instead, all the comments provide strong record support for the opposite conclusion: that a Joint Board recommendation on the Part 36 rules is needed soon." The FCC in August solicited further comment from state commissions on its NPRMs regarding separations and rural business data services (see 1808200025). As of Wednesday, the only filings were NARUC's separations reply and a Sept. 5 letter from the Colorado Public Utilities Commission. "While we appreciate the direct outreach, there is no question that both rulemakings will require changes to the separations rules, as your letters concede," said CPUC commissioners, including Wendy Moser, a state joint board member who objected to the 15-year proposal (see 1807200018). "Yet in neither of the referenced proceedings, has the FCC sought the required Joint Board recommendation." FCC Commissioner and Joint Board Chairman Mike O'Rielly proposed the 15-year freeze extension (see 1802230019).
The FCC continues preparing for Hurricane Florence in coordination with state and federal partners, Chairman Ajit Pai said Wednesday. It activated the disaster information reporting system, with reports requested from some counties in Georgia, Virginia and the Carolinas starting at 10 a.m. Thursday, said a public notice. “Staff have already been deployed to survey the radiofrequency spectrum across critical areas of South Carolina, North Carolina, and Virginia, and our Operations Center is open 24 hours a day,” Pai said. “Our staff has also reached out to broadcast associations, wireless carriers, and other telecom companies in the areas expected to be hit by Hurricane Florence. We will closely monitor communications outages data in the coming days and work to support restoration and recovery.” Pai urged people in affected areas to charge devices and sign up for emergency alerts. Carriers announced preparations this week (see 1809110046). Some state commissions also released alerts, with North Carolina and South Carolina agencies announcing closures. The FCC Public Safety Bureau should ensure emergency information in Spanish is available in four radio markets in the path of Florence that lack sufficient Spanish-language radio stations, said the Multicultural Media, Telecom and Internet Council and the League of United Latin American Citizens in a letter Wednesday. “Intervention is necessary because it does not appear that the region’s broadcasters have [emergency alert system] plans that address the urgent needs of speakers of Spanish." Fayetteville, North Carolina, and Hilton Head, South Carolina, have Hispanic populations of more than 10 percent, and Myrtle Beach, South Carolina, is 5.8 percent Hispanic, the groups said. The Greenville-New Bern-Jacksonville, North Carolina, radio market is 8.5 percent Hispanic, a population of more than 59,000 people, the letter said. “We ask that lifesaving information be broadcast in the referenced markets” at periodic intervals throughout the day “by at least one station in each market that survives the hurricane,” they said.
EU lawmakers Wednesday adopted their negotiating position on copyright modification, paving the way for "trialogue" talks with the European Commission and Council. The 438-226 vote came after what Member of the European Parliament Virginie Roziere, of the Socialists and Democrats and France, called "virulent" lobbying and misinformation, much of it from the U.S. Lawmakers got more messages from the U.S. than from the whole of the EU on the proposal for a directive, she said at a news briefing. The amended text made key "tweaks" to the original report by the lead Legal Affairs Committee, Parliament said. The most contentious proposals -- for platforms to monitor user uploads for copyright infringements (Article 13), and for news publishers to be given a new right to remuneration (Article 11) -- are still in play.