California and Colorado lawmakers advanced net neutrality state legislation. The Colorado House voted 35-28 on party lines to pass HB-1312 to restrict state broadband support to companies that adhere to net neutrality principles. The bill will die in the Republican Senate, predicted its House sponsor. In California, a Senate panel had enough Democratic votes to clear an amended SB-822 by state Sen. Scott Wiener (D), but the vote wasn't yet final. Also Tuesday, a House subcommittee held a paid prioritization hearing (see 1804170037).
The FCC approved 5-0 an NPRM that proposes to 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, as expected (see 1804110032). Commissioners said the NPRM was expanded while on the eighth floor to ask additional questions, including on what the FCC could do beyond the USF. Small carriers, especially members of the Rural Wireless Association, expressed concerns because many use devices and equipment provided by Chinese suppliers Huawei and ZTE. For other ZTE news Tuesday: 1804170018.
The FCC Public Safety Bureau is acting to increase the use of the Integrated Public Alert Warning System (IPAWS) to propagate emergency alert system warnings, rather than the legacy “daisychain” system, said the bureau’s report on the 2017 Nationwide EAS test, released Friday. The internet-based CAP (common alerting protocol) alerts sent through IPAWS contain more information, have better audio and allow multi-language alerts, the report said. The test shows EAS participants have “improved in their ability to successfully alert the public,” the report said, though it also shows a drop from 2016 in test participation, and a Federal Emergency Management Agency report on the nationwide test released last week questioned the accuracy of the results reporting.
Officials from Puerto Rico, Texas and the U.S. Coast Guard said last year’s massive storms showed the fault lines in the communications infrastructure. Information supplied by the FCC sometimes didn’t keep up with the disasters as they unfolded, speakers said during an FCC workshop Friday. FCC Chairman Ajit Pai said the FCC wants to learn from what happened last year. Puerto Rico is struggling to recover from Maria, which hit it in September (see 1803160051).
States should be able to shift to connections-based USF contribution to stabilize funds, said the state chair of the Federal-State Joint Board on Universal Service Thursday after CTIA filed its second lawsuit against states making that change. CTIA sued the Utah Public Service Commission Tuesday for its Jan. 1 shift to connections-based contribution, arguing the 36-cent fee violates federal Lifeline requirements and illegally discriminates against prepaid wireless services. CTIA urged the U.S. District Court in Salt Lake City to decide federal law pre-empts the Utah rule and to stop the state commission from enforcing it.
CTIA warned Alaska commissioners not to adopt connections-based contribution for state USF. The Regulatory Commission of Alaska (RCA) is weighing whether to repeal or revamp its state fund (see 1804040039). CTIA earlier challenged Nebraska and Utah commission decisions to adopt connections, including a pending lawsuit against the Nebraska Public Service Commission where the association’s brief is due May 18 (see 1801310054). A connections-based approach is “difficult to implement in a manner that doesn't violate federal law,” said CTIA Counsel-External and State Affairs Matt DeTura Monday during a teleconferenced RCA workshop. It may also increase financial burden on low-income consumers and business customers, he said. CTIA supports funding state USF with general tax revenue, he said. Officials for Alaska Communications and the Alaska Attorney General Regulatory Affairs and Public Advocacy office supported connections-based contribution. AT&T General Attorney Cindy Manheim said Alaska USF is unsustainable but urged more time to discuss the right way forward. She suggested the RCA talk to the legislature before proceeding with a connections-based approach. The Alaska Telephone Association’s plan (see 1802270034) offers short-term stability while providing time to work out longer-term changes including what to do about contribution, said ATA Executive Director Christine O’Connor. Commissioner Robert Pickett said connections-based contribution may be unrealistic. And a 10-year sunset of the fund proposed by ATA may be too long, Pickett said. The AUSF size could be “rather de minimus” a decade from now at its current 10 percent annual rate of decline, he said.
The Competitive Carriers Association, NTCA and the Rural Wireless Association raised questions about an NPRM set for a vote at the April 17 commissioners’ meeting proposing to 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. But that hasn’t translated into ex parte meetings at the FCC. RWA raised concerns Monday in a filing in new docket 18-89. China experts said concerns are legitimate.
Senate Communications Subcommittee member Brian Schatz, D-Hawaii, and other members of the Hawaii congressional delegation during a Thursday field hearing touted a set of bills they say are aimed at addressing issues with the emergency alert system highlighted during a January false alarm about a possible ballistic missile headed for the state (see 1801160054 and 1803160042).
The FCC Broadband Deployment Advisory Committee appears likely to have a second act well beyond its planned April 25 meeting, where it's expected to consider controversial model codes for states and municipalities. One possibility is that with its main work largely over, the BDAC will start to look more like a normal Federal Advisory Committee Act group, with members assigned additional work, members said. Terms on BDAC are to run two years under the committee’s charter, though they can end earlier as determined by FCC Chairman Ajit Pai. Members were appointed a year ago. The panel may also get additional local government members, after facing heavy scrutiny over lacking many.
The Vermont Public Utility Commission won't consider how to regulate VoIP in docket 18-0443 while Comcast’s challenge to the PUC's Feb. 7 ruling in docket 7316 -- that interconnected VoIP is a telecom service under federal law -- remains pending, the PUC said in a Monday order. Consolidated Communications supported and Vermont staff didn't oppose the stay (see 1803210038).