The FCC's net neutrality deregulation ruling and orders closely track expectations, while clarifying the agency's view on the timetable for looming court challenges, according to our initial review of the 539-page item released Thursday evening (see 1801040059). The final "internet freedom" declaratory ruling, report and order, and order text appears mostly the same as a draft (see 1711220026). Several changes -- on transparency decisions and the item's effective date -- were announced when commissioners voted 3-2 along party lines Dec. 14 to scrap Communications Act Title II broadband classification and net neutrality rules (see 1712140039). Tech heavyweights said they will join the inevitable court challenge to the regulations.
When major hurricanes disrupted 911 communications in Texas, Florida, Puerto Rico and the U.S. Virgin Islands last summer, systems held up in many places and backup procedures were effective, said 911 and government officials in interviews. But next-generation 911, more resilient buildings and other enhancements could save lives in future disasters, they said.
Most commenters urged the FCC to move with care on complete nationwide number portability (NPP) rules, and not impose new rules that would require carriers to invest in legacy systems while the transition to IP-based networks is in progress. In October, commissioners approved an NPRM and notice of inquiry on NPP. Commissioner Mike O’Rielly said then that he had concerns about the expense and the FCC should do a cost-benefit analysis before taking any further action.
Windstream sought regulatory OKs for an acquisition of Mass Communications in applications filed Tuesday at the FCC and some states. MassComm provides business communications services and is authorized to provide CLEC or interexchange service in California, Connecticut, the District of Columbia, Florida, Illinois, Massachusetts, Michigan, New York, Pennsylvania and Texas, said the companies' FCC application. The combination means more business telecom services for MassComm customers and will provide efficiencies and economies of scale, said the companies’ application at the D.C. Public Service Commission. The deal is expected to close Q2 2018, subject to necessary federal and state regulatory OKs, a Windstream spokesman said.
Shares in wireless charging company Energous soared 168 percent Wednesday, closing at $23.70, after Tuesday’s announcement the company received FCC certification of its first-generation mid-field transmitter that sends focused, RF-based power to devices at distances up to three feet.
Local governments opposed to the FCC rescinding Title II protection are weighing legal and other options to protect neutrality and local authority, local representatives said. Some see municipal broadband as an answer, though few can buy such service today. Local government “has long supported enforceable net neutrality protections,” said Best Best attorney Gerard Lederer. State-level Democrats also seek to counter the FCC action through a planned multistate lawsuit by attorneys general, some governors mulling ways to use their state’s buying power to require net neutrality, and a flurry of state legislation predicted for 2018 (see 1712150042, 1712140044 and 1712210034).
The FCC Enforcement Bureau said Lumenier agreed to pay $180,000 and institute a compliance plan to end investigation of the company’s alleged sale of noncompliant audio/visual transmitters for use with drones, in a consent decree. The noncompliant transmitters “could operate in bands that are reserved for Federal government and other important operations, including Federal Aviation Administration airport operations and satellite communications,” the bureau said. “Some of the AV transmitters also operated at power levels that exceeded limits set by the Commission’s rules.” The closely held company acknowledged it violated equipment authorization and marketing rules and didn’t comment further.
Senate Minority Leader Chuck Schumer, D-N.Y., vowed Friday to "force" a floor vote on a planned Congressional Review Act resolution of disapproval to counteract the FCC order to repeal 2015 net neutrality regulation. Sen. Ed Markey, D-Mass., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are leading the CRA push and will file their respective resolutions in the Senate and House once the order is promulgated (see 1712110050, 1712120037 and 1712140044). Industry lawyers and governance experts noted diverging opinions on the procedural timeline for bringing up CRA resolutions on the net neutrality repeal. The precise timetable for court challenges to the order is also somewhat murky due to the item's structure, attorneys told us.
Federal lawmakers and state governments promised action Thursday to counteract the FCC 3-2 vote to roll back its 2015 net neutrality rules. State Democratic attorneys general announced plans to sue as expected (see 1712130051), and other officials said they will protect consumers within their states if the FCC won’t. Sen. Ed Markey, D-Mass., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., gained support for respective plans to file Congressional Review Act resolutions of disapproval to undo the FCC's repeal (see 1712110050 and 1712120037). The FCC's action drew impassioned statements from lawmakers in both parties, with Republicans largely in support and Democrats uniformly in opposition.
The FCC voted 3-2 to undo Title II net neutrality regulation under the Communications Act at a Thursday meeting, as expected. The ruling and orders approved by commissioners along party lines will return broadband classification to a Title I framework and eliminate 2015 regulation. The item as described by a release and officials' statements appears substantively the same as a draft. Tweaks narrowed the legal basis of a transparency rule and bolstered pre-emption of state broadband regulation.