The state commissioner spearheading an ethics code for Arizona Corporation Commission members said he’s looking at a wide spectrum of issues and plans to seek extensive public feedback on a soon-to-be released draft. While the code is still a work in progress, another ACC commissioner and two government watchdogs voiced skepticism that the code will strongly enough address alleged problems including influence of campaign contributions from regulated utilities. The ACC is weighing ethics as a court hears a case about alleged “dark money” contributions to some Arizona commissioners and after two recent ACC chairs were investigated for misbehavior.
Legal challenges to an FCC draft "internet freedom" order face a daunting task, said supporters of Chairman Ajit Pai's proposals, and one analyst agreed, but some net neutrality advocates are more hopeful of a challenge's prospects. Pai last week circulated a draft to undo Title II broadband classification and net neutrality regulation under the Communications Act, and is planning a Dec. 14 vote; fellow Republican commissioners are supportive, minority Democrats opposed (see 1711220026 and 1711210020).
Congressional Democrats expressed anger at FCC Chairman Ajit Pai’s plan to lift net neutrality rules (see 1711210020), as some Republicans and industry groups sought congressional action. The Commerce committees' Republicans sought a legislative solution, while praising Pai’s light-handed approach. ISPs and free-market groups endorsed the plan as helpful for consumers, and tech groups predicted harmful impacts. State and local officials told us of concerns about likely pre-emption of state and local broadband regulation (see 1711200054) setting off alarms in several mostly blue states.
FCC commissioners voted 3-2 to approve a Lifeline item to begin to revamp again the low-income subsidy program, going in a different direction than a 2016 overhaul. Chairman Ajit Pai and Republican colleagues said the combined orders and notices would crack down on program abuse and better target funding to those consumers and areas that really need it, while promoting facilities-based deployment. Dissenting Democrats said the actions and proposals would effectively gut the program and widen the digital divide. Congressional Democrats also hammered the moves.
With FCC having hired Matthew Duchesne as chief, Office of Native Affairs and Policy (see 1711130036), acting Chief Lyle Ishida remains for some time in ONAP to assist with transition and then remains in Consumer and Governmental Affairs Bureau "in another position yet to be announced," spokesman says ... Pennsylvania Public Utility Commission adds Norman Kennard as a commissioner after Senate OK'd 49-0; he succeeds Robert Powelson, resigned upon confirmation to the Federal Energy Regulatory Commission (see 1708040038); Kennard’s term expires March 31, 2019.
Citing AT&T and Verizon's acknowledgement implementation of device-based geotargeting of wireless emergency alerts could be faster, the National Weather Service, Department of Homeland Security and Federal Emergency Management Agency are pushing for that sped-up time frame. The agencies in an FCC docket 15-91 filing posted Wednesday said talks with state and local public safety agencies indicated a wide belief such geotargeting can be achieved in less than the 42-month minimum implementation recommended by the wireless operators. The companies in September said that in meetings with agency staff, they backed the recommendations of a Communications Security, Reliability and Interoperability Council working group that a minimum 42-month timetable is needed for implementation, but said an expedited process is doable. Verizon said that expedited process would first require working group consensus on an appropriate accuracy threshold and if there were sufficient willingness to incorporate geo-fencing capabilities by device manufacturers and operating system providers. AT&T said the coordinate data being sent in the same WEA message would help in expediting implementation. Representatives of CTIA and members are complaining about a recent order upholding a Nov. 1 deadline for the nation’s five largest carriers to be able to provide “clickable” embedded references in WEAs (see 1711020054). The representatives met with Public Safety Bureau Chief Lisa Fowlkes, an aide to Chairman Ajit Pai and a staffer from the Office of General Counsel. AT&T, Verizon, Sprint, T-Mobile and U.S. Cellular had reps there. “The net effect of the Commission’s new interpretation will cause many mobile devices capable of receiving WEA messages to alternate between being considered ‘WEA capable’ depending on the deadline of the Commission’s required WEA enhancements, a device’s ability to be updated through software, and whether consumers choose to exercise the software update,” CTIA said in a document in docket 15-91. “The Commission’s new interpretation risks extensive consumer and public safety community confusion, and unnecessarily complicates … providers’ efforts to inform consumers about WEA capable devices in a nearly continuous fashion.” Carriers “have limited visibility into whether mobile devices are or could be ‘WEA capable’ under this interpretation,” the association said.
FCC Commissioner Mignon Clyburn decried an "assault on pro-consumer policies" by the majority, which she said "will continue down its destructive path" at Thursday's monthly meeting. “They will make it more difficult for low-income Americans to access affordable communications services" and "will shred consumer and competition protections," she said Wednesday, referring to Lifeline and wireline broadband deployment items. She also slammed expected FCC actions on a new broadcast TV standard and allowing "massive media consolidation" (see 1711150054).
Equipment maker Radwin agreed to pay a $95,000 fine for selling noncompliant U-NII devices, which allowed users to modify settings in a way that could cause harmful interference to terminal Doppler weather radar (TDWR) systems the FAA uses to detect potentially hazardous weather conditions for aircraft. “The Commission’s requirements ensure that devices that emit radio frequency radiation comply with the Commission’s technical requirements and do not cause harmful interference to Federal agency public safety systems, such as TDWR, or to other authorized Federal and non-Federal communications systems, once the devices are marketed to the public,” said an order and consent decree by the FCC Enforcement Bureau. “To settle this matter, Radwin admits that it violated the Commission’s equipment authorization and marketing rules with respect to these noncompliant U-NII devices.” The closely held firm "manufactures and distributes broadband wireless systems," the bureau said. Radwin fully cooperated with an investigation, the bureau said.
BALTIMORE -- Many broadband deployment questions went unanswered at last week’s meeting of the Broadband Deployment Advisory Committee because members couldn’t reach consensus, said state commissioners’ lone BDAC member Karen Charles Peterson. On a Tuesday panel at the NARUC annual meeting (see 1711140028), the Massachusetts Department of Telecommunications and Cable commissioner repeatedly urged attendees to file comments in FCC docket 17-83 responding to Thursday’s meeting (see 1711090054). The BDAC debates on infrastructure seem to focus on urban areas, but it’s important not to forget that many rural areas don’t have any broadband, said Colorado Public Utilities Commissioner Wendy Moser.
FCC hires Matthew Duchesne, ex-U.S. Bureau of Reclamation, as chief, Office of Native Affairs and Policy; acting Chief Lyle Ishida remains at the agency ... FCC members appoint Commissioner Brendan Carr to Federal-State Joint Board on Universal Service and Federal-State Joint Board on Jurisdictional Separations (see 1711130035); Carr succeeds FCC Chairman Ajit Pai, vacating those positions; Carr and Commissioner Jessica Rosenworcel join Federal-State Joint Conference on Advanced Services because of their commission positions ... TiVo board elects Enrique Rodriguez, ex-AT&T Entertainment Group, president-CEO and names him to the board; he succeeds Thomas Carson, retiring and leaving the board, staying as adviser through Q1.