The U.S. Court of Appeals for the D.C. Circuit surprised many on both sides of the fight over net neutrality rules and broadband reclassification when it upheld the FCC across the board. After Dec. 4, 2015, oral argument on industry challenges to the 2015 rules (see Part III of this Special Report, 1610130014), the D.C. Circuit issued its decision June 14. That ruling was the subject of two Communications Daily Bulletins that day (see 1606140010 and 1606140012) and many more later stories. This final Part IV of the net neutrality Special Report focuses on the court ruling and continuing challenges.
Even before the FCC released its net neutrality rules on March 12, 2015, ISP interests signaled they would take the agency to court. The likes of CTIA and NCTA predicted lawsuits, as reported in Part I of this Special Report (see 1609150017). Even FCC officials predicted such suits -- accurately, as it turned out. This Part II focuses on how litigation came to pass. Part III reports how the commission won an initial court case (see 1610130014).
A large majority of Americans remain unable to text 911 for help in emergency situations, but some local authorities continue to question calls to support SMS at public safety answering points (PSAPs), 911 officials said in interviews. The National Emergency Number Association is frustrated the rollout isn’t going faster, said NENA Director-Government Affairs Trey Forgety. “If everyone made a decision that text-to-911 had to be implemented before the end of the year 2017, it could be done easily.” Localities are sympathetic to the need for text-to-911 but worry there's not a sufficient business model to move forward, said Fire Chief Don Crowson of Arlington, Texas. “We’re not resistant. We’re concerned.”
The latest iteration of net neutrality rules formally kicked off with a 3-2 party-line vote by FCC members in front of a standing-room-only crowd on Feb. 26, 2015. After many twists and turns in a lengthy process with millions of comments submitted, that included a significant course correction by FCC Chairman Tom Wheeler, the final order was released in March 2015. It reclassified broadband as a Title II telecom service subject to some common-carrier regulation under the Communications Act.
Another American Enterprise Institute scholar, Roslyn Layton, was added to the FCC landing team of President-elect Donald Trump, his transition team said Tuesday in a release on various appointments. Layton is a critic of FCC orders on net neutrality and broadband privacy and efforts to regulate set-top boxes, a skeptic of regulating zero-rating plans, and a proponent of government-industry spectrum sharing.
NARUC will seek more respect for states and cooperative federalism as the utility regulator association communicates next year with a new FCC and incoming administration, NARUC President Robert Powelson told Communications Daily. NARUC named Pennsylvania Public Utility Commissioner Powelson its new president this month at the association’s annual meeting. The new NARUC leader announced “Infrastructure, Innovation, and Investment” as the association’s focus for 2016, a theme that could align with President-elect Donald Trump’s proposed $1 trillion infrastructure package. “As we talk about infrastructure, I firmly believe that the telecom sector will continue to be the epicenter for growth and innovation,” Powelson said.
Telecom companies sounded alarm bells over industry rule changes proposed by the Iowa Utilities Board (IUB), including how the regulator views state authority over VoIP services. In comments that were due Wednesday in docket RMU-2015-0002, competitive providers Sprint, T-Mobile and Cox Communications sought to maintain a distinction between retail and wholesale VoIP regulation, and small Iowa LECs said the board shouldn’t deregulate voice services based on the underlying technology. Meanwhile, CTIA balked at a proposal requiring local exchange carriers to provide wireless service during service interruptions exceeding 72 hours.
Jeff Eisenach has become a lightning rod for criticism of Donald Trump's willingness to tap people with corporate and Washington ties despite the president-elect's vow to "drain the swamp" of insider politics in the nation's capital. The Trump transition team Monday named Eisenach -- managing director of NERA Economics Consulting and a scholar at the American Enterprise Institute -- and fellow AEI scholar Mark Jamison to its FCC landing team (see 1611210045).
An FCC order setting broadband USF duties for Alaska Communications takes effect Dec. 22, after a summary was published in Tuesday's Federal Register. A certification mandate won't take effect until approved by the Office of Management and Budget because it involves a new information collection requirement, the summary said. The commission issued the order Oct. 31 establishing "tailored service obligations" to accompany almost $20 million in annual Connect America Phase II price-cap "frozen" USF subsidy support that Alaska Communications elected to receive instead of model-based support (see 1610310056).
The Commission on Enhancing National Cybersecurity and its forthcoming recommendations to the White House are likely to have at least some policy currency in President-elect Donald Trump's administration, said industry executives and lawyers in interviews. President Barack Obama directed the formation of CENC in February as part of the White House's Cybersecurity National Action Plan. The commission has until Dec. 1 to deliver a set of recommendations to the White House aimed at actions the private and public sectors can take over the next decade to improve cyber defenses and raise cyber awareness (see 1602090068).