FCC Chairman Ajit Pai or his representative on the Integrated Public Alert and Warning System subcommittee to the Federal Emergency Management Agency’s National Advisory Council will be exempt from ex parte rules for matters that occur as part of subcommittee business, said an FCC public notice Friday. Participation in the committee by Pai or Pai’s designee is required by statute, the PN said. “This treatment is appropriate since communications to the Chairman or the Chairman’s designee as Subcommittee members, like comments on a Notice of Inquiry, will not directly result in the promulgation of new rules.” Since the subcommittee may look at subjects that are also pending commission proceedings, the agency won’t rely on information gathered through the subcommittee unless it’s first placed into the record of the relevant FCC proceeding, the PN said.
Requiring social media companies to disclose who sponsors political ads would be feasible and wouldn't pose free-speech problems, experts told us last week. Sens. Amy Klobuchar, D-Minn., and Mark Warner, D-Va., want to require companies like Facebook, Google and Twitter to publicly file such reports, similar to FCC requirements on broadcasters and cable and satellite providers. Facebook recently revealed at least 3,000 political advertisements were linked to Russian interests seeking to influence the U.S. presidential election.
The FCC 2015 net neutrality and broadband reclassification order came under attack from critics asking the Supreme Court to review the decisions of the U.S. Court of Appeals for the D.C. Circuit upholding the order, as expected (see 1709280029). The American Cable Association, AT&T, Daniel Berninger, CenturyLink with USTelecom, CTIA and NCTA filed cert petitions challenging the commission's order and appealing D.C. Circuit affirmations. TechFreedom said it also expected to file Thursday, the deadline.
The FCC Disaster Information Reporting System has been unable to capture solid information from Puerto Rico since Hurricane Maria, industry officials told us Wednesday. To report to DIRS requires internet access and, with most of the island offline, reports aren’t making it through. A U.S. broadcast official said virtually all radio stations are off-air, based on information from the Puerto Rican Broadcasters Association that is just starting to trickle out. The FCC is sending four staffers to Puerto Rico to gather verifiable information, officials said (see 1709260044). The agency didn't comment.
The FCC needs to work toward immediately restoring communications service to affected areas in Puerto Rico and the U.S. Virgin Islands before it considers longer term issues, said Chairman Ajit Pai in a news conference after a Public Safety Bureau report on the FCC response to storms Harvey, Irma and Maria at Tuesday’s commissioners’ meeting. The commission is “focused like a laser beam” on restoration, Pai said, calling the situation in Puerto Rico "dire." Commissioner Jessica Rosenworcel said the FCC should hold field hearings in affected areas on how best to prepare for such disasters. The agency should “have the guts” to get out on the ground, she said. “You don’t pull together a report with only the information you amass from sitting in front of your keyboard,” said Rosenworcel. “You get out.”
FCC Commissioners Mignon Clyburn and Mike O’Rielly and Chairman Ajit Pai appeared to be in some disagreement about the goals of the newly empaneled Advisory Committee on Diversity and Digital Empowerment. The disagreement appeared in their remarks preceding the group’s first meeting Monday.
Companies interested in using the 3.5 GHz band made the case for leaving FCC rules largely as they are, rather than making changes proposed by CTIA and T-Mobile (see 1706200081), said speakers at a panel Wednesday sponsored by New America’s Wireless Future Program. Rules are expected to change, especially on the licensed portion of the shared band, and Commissioner Mike O’Rielly is leading an initiative to rewrite them. O’Rielly said he wants to leave the three-tier structure for the band in place, while making the licensed part more attractive for investment (see 1708010058). The three tiers are federal incumbents, priority access licenses (PALs) and general access, akin to Wi-Fi. O’Rielly believes the census-tract levels for the PALs are too small.
SAN FRANCISCO -- An attorney for AT&T Mobility said the FCC -- not the FTC -- is the telco's main regulator and AT&T would be "happy" to defend against allegations that it throttled its data service without telling customers. Michael Kellogg, representing the telco before 11 judges of the 9th U.S. Circuit Court of Appeals during oral argument Tuesday, said he wasn't arguing against the idea of concurrent enforcement. But in this instance, Congress drew a distinction that the FCC is the primary regulator and the case is "right in its wheelhouse," he continued.
FCC members proposed creating uniform procedural rules for certain complaint proceedings -- including on pole attachments -- "delegated to the Enforcement Bureau and currently handled by its Market Disputes Resolution Division (MDRD) and Telecommunications Consumers Division (TCD)." The proceedings are governed by three sets of rules that "are not congruent and the inconsistencies can lead to needless confusion," said an NPRM Monday in docket 17-245. It proposed "to streamline and consolidate the procedural rules governing formal complaints" filed under Communications Act Section 208, pole attachment complaints filed under Section 224, and formal complaints on advanced communications services and equipment filed under sections 255, 716, and 718 ("Disability Access complaints"). "We propose amending our rules so that formal complaints currently managed by MDRD (Section 208 formal complaints and Section 224 pole attachment complaints) and TCD (Disability Access complaints) are subject to one set of procedural rules," the NPRM said. "We use the Section 208 rules as a starting point because they have worked well in resolving hundreds of complaints filed since 1997. In some instances, however, we propose modifying those rules where we believe the pole attachment complaint rules would improve the complaint process. Moreover, we propose retaining specific pole attachment rules that are unique and necessary to resolving those particular types of complaints." The NPRM proposed a 30-day deadline for answering formal complaints, unless otherwise ordered by staff, with replies due 10 days later. Because the rules are procedural, the commission said notice and comment aren't required under the Administrative Procedure Act, but to build a more informed record, it asked for comments and replies 30 and 45 days after publication in the Federal Register. Last week, the FCC told Congress about other ways it's improving bureau procedures (see 1709180057).
Rural interests supported a request for RLEC broadband relief from USF contributions while regulators review the industry mechanism funding the subsidy system. WTA urged the FCC to grant an NTCA/USTelecom petition for temporary forbearance from application of USF contribution requirements to RLEC-provided broadband internet transmission services until the FCC decides on how all broadband services should be treated. The relief "would put an end to the anomaly whereby some rural Internet access service customers bear the cost of substantial federal USF contributions on broadband transmission services while urban and most rural Internet access service customers do not," WTA commented this week in docket 17-206 responding to a public notice (see 1708140059). Granting the petition would be "a simple matter of fundamental fairness and good public policy," said GVNW Consulting, which works with rural carriers. It said forbearance also would "avoid the anti-competitive implications of a regime that picks 'winners and losers' in the broadband marketplace," somewhat mitigate the "high cost of broadband for rural consumers" and be "fully consistent" with other FCC pronouncements, including in its Communications Act "Title II proceeding and more recent USF reform efforts." Without opposing or supporting the petition, the Pennsylvania Public Utility Commission said the request "demonstrates disparate treatment" of broadband services and "underlines the need for the timely reform of the federal USF contribution base reform."