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.
ORLANDO -- The FCC should extend the Mobility Fund II challenge process by more than three months to fix a deficient process, said a NARUC resolution cleared Monday by the Telecom Committee and Tuesday by the board. At NARUC's annual meeting (see 1811130035), the committee voted unanimously for the resolution after tweaking some language to address other commissioners’ concerns. Idaho Commissioner Paul Kjellander will step down as Telecom Committee chairman to join NARUC leadership, he said Monday.
A federal court rejected a 2014 California law requiring prepaid wireless fees and three California Public Utilities Commission resolutions implementing that law. In a Monday order (in Pacer) granting a MetroPCS motion for summary judgment, the U.S. District Court for Northern California ruled the law and resolutions “conflict with federal law and are therefore preempted and unconstitutional.” MetroPCS asked the court to declare unlawful and stop enforcement of three CPUC resolutions implementing the state's Prepaid Mobile Telephony Service Surcharge Collection Act, which required prepaid wireless customers to pay a surcharge supporting state USF and certain CPUC fees. The company argued the CPUC portion of the surcharge impermissibly assesses interstate voice and broadband data revenue, conflicting with federal law including the Communications Act, the 2000 Mobile Telecom Sourcing Act and the U.S. Constitution's dormant Commerce Clause. The agency said there's no conflict with federal law because the commission used an intrastate allocation factor to remove interstate and international charges from the surcharge base. “The Court agrees with MetroPCS that the usage of a mandatory intrastate allocation factor conflicts with federal law because it deprives carriers of the ability to treat as intrastate for universal service purposes the same revenues that they treat as intrastate for federal USF contributions,” wrote Judge Susan Illston. “By using the intrastate allocation factor as the sole method for assessing the CPUC fees, the CPUC has deprived carriers of the ability to rely on alternative allocation methodologies, such as their actual revenue data.” The court disagreed with CPUC argument that MetroPCS was "judicially estopped" from challenging because it proposed that CPUC adopt an intrastate allocation factor. MetroPCS may challenge because it supported a “reasonable” estimate of the intrastate portion and argued that the CPUC didn’t act reasonably, said Illston. The regulator and MetroPCS parent T-Mobile didn’t comment Tuesday.
The Pennsylvania Public Utility Commission got much support for reverse pre-empting the FCC on pole attachments. In comments this week in docket L-2018-3002672, carriers said reverse pre-emption could speed dispute resolution, and electric companies said having a state regulator in charge could provide more balance than the FCC. Pole owners and riders disagreed on the degree to which the PUC would be able to deviate from FCC rules. Pennsylvania could be the first state in nearly a decade to reverse pre-empt the federal agency (see 1807250039).
The FCC Wireline Bureau sought comment Friday on the implications of a provision in the FY 2019 National Defense Authorization Act 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. The FCC had been expected to deepen its inquiry in light of the NDAA (see 1810190025). The bureau asks specifically about Section 889(b)(1), which bars federal agencies from using “loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems” with Huawei, ZTE and other Chinese companies. “Does the prohibition in section 889(b)(1) apply to support provided by the … USF?” the bureau asks. “To the extent the provision is intended to apply to USF, what obligation might it impose upon the Commission? Would the Commission’s proposed rule in the Protecting Against National Security Threats to the Communications Supply Chain NPRM satisfy the intent of section 889(b)(1)?” Comments are due Nov. 16 in docket 18-89, replies Dec. 7.
The FCC approved revised rules for the 3.5 GHz citizens broadband radio service band, as expected (see 1810160068), over a dissent by Commissioner Jessica Rosenworcel. Commissioner Mike O’Rielly, who crafted the revised rules, said changes were necessary to spark interest in the priority access licenses that will be sold as one tier of the band.