The FCC could learn much about process from state utility commissions, said state commissioners in interviews amid their lawsuit against the federal regulator over usurping state powers (see 1606030053). State commissioners from both parties and four states said it should be a priority for the FCC to answer stakeholder concerns about transparency and politicization at the federal agency. NARUC President Travis Kavulla told us his Montana Public Service Commission "and probably most state commissions have much more sunshine than the FCC does." The FCC isn’t dysfunctional, but to maintain public trust it shouldn’t take openness concerns lightly, said Florida PSC Commissioner Ronald Brisé.
The FCC exceeds all but one other federal commission in after-hours document issuances, Communications Daily found, a practice that has the effect of delaying reaction by affected parties and that raises transparency concerns. Almost every other business day last quarter, the FCC on average posted something online about an hour after regular hours end at 5:30 p.m. Eastern. Only the Federal Energy Regulatory Commission (FERC) exceeded during Q2 the 27 items the FCC released after business hours, and most other agencies issued no evening items, we found through Freedom of Information Act and other requests to independent federal commissions with a national purview. Over half of late FCC items were from Chairman Tom Wheeler's office. The FCC released another 32 items between 5 p.m. and 5:29 p.m., also after most agencies stop issuing documents.
This Communications Daily Special Report, "Assessing Wheeler's Legacy," shows how the FCC under Chairman Tom Wheeler has operated, controversies, plaudits and all. Subscribers also can now access these seven stories online at www.communicationsdaily.com.
A federal court rejected an FCC request to hold up inmate calling service litigation after the commission Aug. 4 approved an order to increase ICS rate caps currently under judicial review (see 1608110020 and 1608040037). The U.S. Court of Appeals for the D.C. Circuit also revised the remaining briefing schedule in an order Friday by Judges Karen LeCraft Henderson and Cornelia Pillard, a motion panel in the case (Global Tel*Link v. FCC, No. 15-1461). ICS provider, state and sheriff petitioners challenging the commission's previous ICS orders filed their opening briefs earlier this summer (see 1606070030). Response briefs are now due from the FCC and DOJ Sept. 12, and from Network Communications International and other intervenors supporting the FCC Sept. 29. Reply briefs from petitioners and supporting intervenors are due Oct. 31. The parties were directed to file motions governing further proceedings within seven days of the deadline for challenging the FCC's Aug. 4 order. "I expect new petitions for review, new stay motions and new briefs. I imagine the new cases will catch up to the old ones," emailed Andrew Schwartzman, Georgetown Law Institute for Public Representation senior counselor, who represents intervenors supporting the FCC. GlobalTel*Link already said it intends to challenge the Aug. 4 order. “GTL applauds the action of the court, which offers all parties the shortest timeline to resolve the central issues of this proceeding -- rates below costs and whether the FCC has jurisdiction to control security policy in state, county and municipal corrections facilities,” emailed a GTL spokesman. “After years of discussion and debate, GTL looks forward to the definitive resolution of these questions and the end of uncertainty in the market.” The FCC didn't comment.
Telecom and media industry money is flowing to incumbents in the competitive Senate Commerce Committee member re-election races, according to the latest Federal Election Commission records. Money favors the incumbents generally, whether the seats are safe or not, especially benefiting the coffers of Commerce Committee Chairman John Thune, R-S.D. Telecom-affiliated unions are backing Democratic challengers.
Phone companies will face automatic daily fines of up to $25,000 in California for failure to meet service quality measures, ruled the Public Utilities Commission at its Thursday meeting. The CPUC passed the order in a 3-2 vote, with the two dissenting commissioners supporting an alternate proposed decision. Under the approved decision, phone companies will face the fines if they fail to meet the commission’s metrics for (1) out-of-service repair interval, (2) customer trouble reports and (3) answer time for trouble reports and billing and non-billing inquiries. The order requires telcos to submit federally mandated outage reports to the Communications Division. Companies can suspend accrued fees if they make investments in service quality in an amount equal to twice the fine, it said. The alternate proposed decision similarly imposed $25,000 daily automatic fines, but the fines wouldn't start to accrue until a company failed to meet the standards for three consecutive months. “Our decision today provides additional protection for those who have traditional landline telephone service, and it also calls for continued monitoring of the Federal Communications Commission’s proceeding on rural outages, and allows for workshops on how to deal with 911 service and other safety related issues,” said CPUC President Michael Picker. “There are many other actions underway that will continue our efforts to look at telecommunication issues, including a competition study, and a network exam. Clearly we’re not at the end of the discussion." Commissioner Catherine Sandoval, who wrote the alternate proposal, said the decision "advances the CPUC’s work to protect communities and compliance with California law.” At the meeting, however, Sandoval said she would soon release a dissenting statement.
In an era of what some say is creeping spectrum scarcity, the FCC released an NPRM Thursday designed to expand access to private land mobile radio (PLMR) spectrum. Among the key questions raised is whether the agency should amend its rules to allow 806-824/851-869 MHz band incumbents in a market a six-month period to apply for expansion band and guard band frequencies before the frequencies are made available to applicants for new systems. The Land Mobile Communications Council (LMCC) proposed the change, the FCC said. The commission also asked whether it should extend conditional licensing authority to applicants for site-based licenses in the 800 MHz frequencies and the 896-901/935-940 MHz bands. The FCC sought comment on whether to make available for PLMR use frequencies on the band edge between the industrial/business pool and either general mobile radio service or broadcast auxiliary service spectrum. “Traditionally, the PLMR services have provided for the private, internal communications needs of public safety entities, state and local government entities, large and small businesses, transportation providers, the medical community, and other diverse users of two-way radio systems,” the NPRM said. “PLMR licensees generally do not provide for-profit communications services. The Commission is committed to bringing about more efficient use of PLMR frequencies in order to alleviate congestion in this crowded spectrum, the demand for which continues to grow.” Comments deadlines are to be set by a pending notice in the Federal Register. “We are glad to see the FCC release this item as it proposes a number of productive spectrum policies,” said Mark Crosby, president of the Enterprise Wireless Alliance and an LMCC board member. “We also look forward to a healthy dialogue on the merits of providing spectrum priority to incumbent 800 MHz licensees, in particular business enterprise entities. The FCC has noted that expansion band spectrum is designated primarily for [Specialized Mobile Radio] stations. EWA will need to determine whether limiting business enterprise incumbents to B/ILT spectrum in the expansion band, without access to guard band spectrum, provides any meaningful opportunity for system expansion.” EWA is also concerned that “without an effective construction verification process, and reliance exclusively on self-certification, it is exceedingly difficult to distinguish parties with the intention and ability to actually provide service from those hoping to flip spectrum for monetary gain,” Crosby said. “The PLMR community has precious few spectrum resources. It is imperative that the rules promote its intensive utilization and deter speculation.”
Sharpening proposed copper abandonment rules in the District of Columbia would make a bad idea worse, Verizon said. The Public Service Commission proposed rules requiring notification by any telco planning to abandon its copper facilities (docket RM27-2016). In comments last month, the Office of the People's Counsel and the Communications Workers of America suggested tweaks to strengthen the rules (see 1607260027). In replies Monday, Verizon said the recommendations of the OPC and CWA "could turn the copper retirement process into a lengthy approval proceeding for the District alone, negating federal and District policies encouraging fiber deployment.” The PSC “should reject these recommendations and not move forward with the proposed copper retirement rules,” it said. The Fiber-to-the-Home Council, with members including network equipment vendors, supported the telco. FCC rules mandating battery backup power and requiring retail customer notification for planned copper retirement ensure that a uniform set of rules applies to all providers, it said. "A state-by-state approach will only serve to confuse customers, be duplicative, and create a patchwork of rules."
Cable and phone companies in Louisiana said they’re working around the clock to restore service after flooding in the southern part of the state forced many people to abandon their homes. Local broadcasters stayed on air to report on flooding and raise money for recovery efforts, NAB said. The floods forced the Louisiana Public Service Commission to close its Baton Rouge headquarters. The historic flood damaged at least 40,000 homes and killed about 10 people, with 20 parishes declared federal emergency disasters, according to news reports.
Significant AT&T money now backs the House speakership of Rep. Paul Ryan, R-Wis. The carrier’s political action committee has given far more, by many tens of thousands of dollars, to Ryan’s joint fundraising committee than it has to past speakers and also more than the PACs of other major telecom and media players are giving to Ryan’s effort -- or to anyone at all in the political realm, according to Federal Election Commission records. Ryan is intent on laying out a 2017 agenda including telecom policy overhaul, with the possibility of a revived Telecom Act rewrite in the works (see 1608080022).