Incumbent telcos opposed the FCC's tech transition proposals for assessing the adequacy of IP-based services intended to replace legacy copper-based phone services being discontinued. They said the commission’s proposed standards could slow the IP transition and broadband deployment, with AT&T suggesting it would be unlawful. Rural carriers asked the agency to clarify that they were covered by a rural exemption. But competitors, consumer groups, public safety groups, state regulators, electric power groups and others voiced varying degrees of support for proposed criteria, and some suggested additional criteria, including on affordability.
Describing the FCC's protective order for confidential information as "an appropriate balance between the competitive concerns and the more general public interest," American Cable Association (ACA), Dish Network and Incompas are opposing a petition for reconsideration of those rules. Some content companies and the U.S. Chamber of Commerce earlier this month petitioned the agency to vacate its order allowing confidential contract information to be shared with third parties during the merger review process (see Ref:1510130065]). But the arguments they used citing the Trade Secrets Act and the FCC standards under the Freedom of Information Act don't prevent the FCC from such confidential materials rules, ACA, Dish and Incompas said in their opposition posted Monday in docket 15-149; the "persuasive showing" standard isn't required when the Communications Act allows such disclosure, and the Trade Secrets Act comes into play only when disclosure is not authorized by law, but federal law authorizes the agency to permit such disclosures. Data about negotiations, programming practices and the business arrangements of Charter, Bright House Networks and Time Warner Cable "is particularly important in this proceeding," the three said. Charter/TWC/BHN will have "an increased incentive and ability to strong arm third party programmers" into shutting out competing over-the-top services, plus "increased ability and incentive" to deny such affiliated content as Discovery and Starz to competing video distributors, the three said. Since the FCC on Sept. 11 issued an order setting new rules for the handling of confidential information, numerous entities have filed in docket 15-149 indicating they seek access to the confidential and highly confidential information filed in the proceeding, including ACA, Charter Communications, Dish Network, Free Press, Hawaiian Telecom Services, Incompas, New York State Public Service Commission and Zoom Telephonics.
House lawmakers unveiled five discussion drafts Monday intended to facilitate broadband deployment and slated for discussion Wednesday during a Communications Subcommittee hearing at 10 a.m. in 2123 Rayburn. The measures involve pole attachments, historic review of broadband facilities and agencies’ role in locating such facilities, deadlines for the General Services Administration and an inventory of federal assets. Also under discussion will be the much-praised Broadband Conduit Deployment Act (HR-3805).
FirstNet plans to make certain that Band 14 (758-769/788-799 MHz) is cleared by mid-summer 2017, the leaders of the public safety network told the FCC in a letter posted by the commission Thursday in docket 06-229. The band provides the 700 MHz spectrum for the network. In August, the FirstNet board authorized funds for moving some public safety agencies out of the band, the authority said. “With the continued assistance of the Commission and the cooperation of Band 14 public safety incumbents, the relocation assistance grant program will allow Band 14 spectrum to be cleared for the deployment and operation of the [nationwide broadband public safety network], while ensuring that the public safety entities operating communications systems on Band 14 have an appropriate lead time, as well as assistance funds, to facilitate the relocation of their public safety operations.” Federal funds for the clearing are to be released in early 2016 and are expected to pay for frequency coordination, technical assistance and equipment retuning, FirstNet said. “The program performance period will likely extend through July 31, 2017, but FirstNet hopes that all of the Band 14 spectrum will be clear well prior to that date.”
The FCC adopted an inmate calling service (ICS) item Thursday to cap user rates, restrict ancillary fees and discourage ICS provider “site commission” payments indirectly, despite strong pushback from industry parties and sheriff groups. The actions were needed to ensure ICS charges are “just, reasonable and fair” and don’t impose an undue burden on inmates and their families, the agency said. The vote at the FCC meeting was 3-2, with Democrats approving and Republicans dissenting from an ICS order and Further NPRM on the topic.
Hillary Clinton backs enforcement of strong net neutrality rules, she said Tuesday in a commentary on business policy posted on the website Quartz. Clinton, campaigning for the Democratic nomination for president, criticized what she considered loopholes in the current system. “Closing these loopholes and protecting other standards of free and fair competition -- like enforcing strong net neutrality rules and preempting state laws that unfairly protect incumbent businesses -- will keep more money in consumers’ wallets, enable startups to challenge the status quo, and allow small businesses to thrive,” Clinton said in her column. Clinton indicated backing for the FCC’s direction on net neutrality, including reclassification of broadband as a Communications Act Title II service, earlier this year. Senate Commerce Committee ranking member Bill Nelson, D-Fla., has told us he doesn’t see the administration position shifting under a Clinton presidency (see 1504160034), and open Internet advocate Marvin Ammori has also expressed his confidence in Clinton on the issue (see 1507210050). No Republicans running for president back the FCC net neutrality order, and some have prioritized dismantling it. Clinton also intends to “prevent concentration in the first place by beefing up the antitrust enforcement arms of the Department of Justice and the Federal Trade Commission,” she added. “I will direct more resources to hire aggressive regulators who will conduct in-depth industry research to better understand the link between market consolidation and stagnating incomes. Ultimately, this will foster a change in corporate culture that restores competition to the marketplace.”
Wireless industry and tech companies rallied behind CTIA’s push for revised FCC rules for the 3.5 GHz shared spectrum band. The Satellite Industry Association opposed many of the changes sought by CTIA and others, saying they pose an interference risk to fixed satellite service earth station use of the spectrum (see 1510200061). Wireless industry commenters said the changes are necessary to make use of the band viable.
CTIA got support from others, including USTelecom, on its petition for reconsideration asking the FCC to rethink the data security requirements imposed on carriers in its latest Lifeline overhaul order. CTIA responded to various public interest groups that said in the initial comment round that the FCC should reject the petition. The American Cable Association earlier filed in support of CTIA. Comments were posted in docket 11-42.
SAN FRANCISCO – The FCC has “a lot more competition policy to go” and needs the support of Incompas and its members, as well as their customers' stories, said Gigi Sohn, counselor to Chairman Tom Wheeler at the Comptel Plus meeting Tuesday. “We're going to rely on you,” Sohn said, providing an overview of the Wheeler agenda on the incentive auction, special access, IP technology transition, broadband deployment, Lifeline, USF and video reform. “Keep telling those stories and we'll get more and more people on the side of competition and bigger, faster broadband,” she said.
The FCC reminded all eligible telecommunications carriers receiving support from the USF’s high-cost program they must follow agency rules and face sanctions if they don't. Commissioner Ajit Pai complained that the FCC had “turned a blind eye” to such conduct for too long by Hawaii’s Sandwich Isles Communications, a company whose former owner, Albert Hee, was convicted of tax violations in July. Commissioners Mignon Clyburn and Mike O’Rielly said in a joint statement that Monday’s public notice doesn't go far enough.