The FCC should act now to ensure automotive companies can’t commercialize the 5.9 GHz spectrum, set aside for dedicated short-range communication (DSRC) systems designed to curb traffic accidents, for uses that have nothing to do with public safety, public interest and consumer groups told the agency. It also should address cyber concerns, the groups said. Comments were due Wednesday on a June Public Knowledge and New America Open Technology Institute emergency petition (see 1606280066) for a stay of operations of DSRC.
Parties backed the FCC 2015 tech transition order on the discontinuance process for replacing legacy telecom services provided over copper networks with IP services over fiber and other broadband networks. CLECs, their trade group Incompas, and Public Knowledge said the FCC correctly interpreted Communications Act Section 214 "to require approval for wholesale changes" to ILEC offerings that would limit consumer functionality. "Petitioner's contrary argument reduces to the assertion that service is not 'impaired' or 'reduced' when fax machines stop working, customers can no longer reach 911, medical monitoring devices stop working, and retailer credit-card readers do not function -- or even call clarity and reliability decline -- absent inconsistency with some representation in a tariff," they said in an intervenor brief (in Pacer) Monday to the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1414). But Section 214 "is a licensing provision requiring a certificate of public convenience and necessity for any change" that degrades service, not just changes that create inconsistencies with tariffs, they wrote. The FCC properly decided Section 214 approval is needed for changes that degrade service to any customer, including CLEC customers, not just ILEC customers, and that ILECs should be required to provide reasonably comparable replacement services before discontinuing wholesale service, they said. The CLECs were: Access Point, BullsEye Telecom, Granite Telecommunications, Level 3, Manhattan Telecommunications, Matrix Telecom, New Horizon Communications, Windstream, Xchange Telecom and XO Communications. The Pennsylvania Public Utility Commission's brief (in Pacer) said the FCC adopted "forward looking" regulations to maintain "public safety, pro-consumer, pro-competition policies and protections." Citing the FCC determination that tech transitions shouldn't be a "pretext to limit" competition or "compromise" wholesale access, the PUC agreed the federal agency took reasonable action to ensure new IP services meet consumer and provider needs.
The FCC has come under fire for rulemaking policies and practices by everyone from lawmakers to its minority-party commissioners, though its openness and transparency -- especially in comparison with some other regulatory agencies -- could be worse, said several commission watchers and regulatory agency experts. Considering the amount of rulemaking the FCC engages in, "it works pretty well," Free Press Policy Director Matt Wood told us.
FCC Chairman Tom Wheeler's legacy on cybersecurity remains up for considerable debate in what are likely the closing months of his chairmanship, stakeholders said in interviews. Wheeler's stated focus on improving sector cybersecurity through public-private partnerships generated early progress, but more-recent FCC actions stemming from Communications Act Title II reclassification of broadband as a telecom service raise uncertainty about that commitment, experts said. The FCC announced in 2014 that it would be making cybersecurity a bigger public safety focus (see report in the Feb. 19, 2014, issue). Wheeler that year began calling for what he called a “new paradigm” on cybersecurity risk management in which the private sector would lead development of standards on cybersecurity issues (see report in the June 13, 2014, issue).
FCC commissioners approved 5-0 an order making railroad police eligible to use various interoperability channels to communicate with public safety officers already using the frequencies (see 1509010044). The change had the support of both the railroads and public safety groups when the FCC sought comment last year (see 1511160026). The National Public Safety Telecommunications Council sought the rule change. “Promoting interoperability -- to ensure that emergency responders from different jurisdictions and disciplines can communicate with each other -- is a critical goal of the Commission’s public safety objectives,” said the order, Tuesday. The FCC is permitting railroad police to use VHF, UHF, 700 MHz narrowband and 800 MHz National Public Safety Planning Advisory Committee interoperability channels. The order had broad support, including from the Department of Transportation, the FCC said. “We agree with commenters that adoption of our proposal to give railroad police access to the interoperability channels is warranted,” the commission said. “Train derailments can result in significant passenger injuries and loss of life as well as property damage, and can require large, multi-jurisdictional responses.” The FCC said it expanded slightly the Federal Railroad Administration’s definition of railroad police officer to ensure the rules cover “Amtrak police, freight railroad police, commuter railroad police, passenger rail transit system police, and part-time railroad police officers.” But the FCC turned down a request by the American Petroleum Institute that the agency extend its railroad police proposal to oil and gas companies and other critical infrastructure industry entities: “API’s proposal is outside the scope of this proceeding, which is focused on railroad police eligibility to access the interoperability channels, and thus will not be further addressed here.”
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.