The FCC amended its rules to retain radiotelephone requirements for vessels subject to the recently expired Great Lakes Agreement (GLA) with Canada, effective immediately, per a notice for Thursday’s Federal Register. The GLA established requirements on the usage and maintenance of VHF communications equipment for safety purposes aboard all vessels 65 feet or over in length, most towing vessels and vessels carrying more than six passengers for hire on the Great Lakes. The FCC incorporated the requirements into its rules. Following consultation with the U.S. Coast Guard, the FCC also modified the rules to require inspections every 48 months, rather than the 13 months previously required. “Ensuring the availability of critical maritime communications has been one of the Commission’s fundamental obligations since the earliest days of the Communications Act,” the notice said: “Similar to the terrestrial emergency 911 system, the maritime services provide for the unique distress, as well as the operational and personal communications, needs of vessels at sea and on inland waterways.”
The House voted 172-257 Wednesday against an amendment to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) from Freedom Caucus Chairman Scott Perry, R-Pa., that would have reduced the FTC’s annual funding to the almost $310 million it received for FY 2019 (see 1902150055). The chamber, meanwhile, approved on voice votes a trio of amendments aimed at curbing some FTC practices. The House was set to debate some other FCC and FTC-related amendments ahead of a final vote on HR-4664 that could happen as soon as Thursday. House GOP lawmakers are attempting to claw back additional federal funding for CPB via additional amendments to the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee FY24 funding bill (HR-5894).
The Nebraska Public Service Commission adopted a multitude of telecom orders at a livestreamed meeting Tuesday. In mostly unanimous votes, commissioners adopted policies on broadband funding, state USF, dark fiber leasing rates and rip and replace. Looking ahead, Commissioner Kevin Stocker (R) asked about tightening resiliency requirements after hearing a report on October communications outages.
Several telecom-focused congressional leaders told us they’re more seriously considering directly appropriating $3.08 billion to fully close the FCC’s Secure and Trusted Communications Networks Reimbursement Program funding shortfall amid the ongoing stall in talks on a spectrum legislative package that top lawmakers long hoped could pay for the additional funding (see 2311010001). The outlook for a spectrum legislative deal is very dim while lawmakers continue to wait for DOD to release a much-anticipated report on repurposing the 3.1-3.45 GHz band for commercial 5G use (see 2310180062). Communications policy-focused lobbyists and officials are closely following how work on FY 2024 appropriations legislation progresses in the weeks ahead for signs to indicate whether a change in tack on rip and replace takes place.
When trying to gauge how fully utilized nonfederal spectrum is, no commercial-use band should be off limits, multiple trade groups said Friday in FCC docket 23-232 reply comments. Numerous comments argued that the fact that a band is licensed for exclusive use doesn't mean it's automatically being used to maximum efficiency. Commissioners unanimously approved the spectrum usage notice of inquiry at their August meeting (see 2308030075).
Louisiana means to keep its lead among states in broadband, equity, access and deployment (BEAD) planning, even with a change in governors, said ConnectLa Executive Director Veneeth Iyengar in an interview. Louisiana last month picked Jeff Landry, now the state's attorney general, flipping to red a Democratic seat held by term-limited Gov. John Bel Edwards. Ahead of more elections across the country Tuesday, Mississippi Public Service Commission candidates told us they want to ensure all their citizens have internet access.
The FCC faces a bid by Rep. Greg Steube, R-Fla., to defund its Communications Equity and Diversity Council as part of upcoming floor action on the Appropriations Committee-approved FY 2024 spending bill that covers funding for the commission and FTC (HR-4664). Lawmakers pursued relatively few other FCC-focused amendments to HR-4664, but several targeted halting FTC action on proposed changes to the Hart-Scott-Rodino Act premerger notification process and other recent agency actions. House Appropriations advanced HR-4664 in July with proposals to cut funding to both the FCC and FTC compared with what they got in the FY 2023 omnibus funding package. The Senate Appropriations Committee proposes increasing annual money for both agencies (see 2307130069).
The Biden administration’s Wednesday request for Congress to appropriate an additional $6 billion to fully fund the FCC’s affordable connectivity program (ACP) through the end of 2024 (see 2310250075) is drawing initial skepticism from top telecom-focused Republicans amid their push for the commission to be more transparent about how it has been spending the program’s existing $14.2 billion allocation. Congressional Democrats enthusiastically backed the White House’s request, noting it would give Capitol Hill more breathing room to examine whether and how to tie in changes to a longer-term ACP with a push for broader USF revamp legislation. Current estimates peg ACP as likely to exhaust its funding from the 2021 Infrastructure Investment and Jobs Act during the first half of 2024 (see 2309210060).
Proposed changes to Nebraska's USF program saw disagreements during Nebraska Public Service Commission hearing testimony Tuesday over benchmark speeds for targeting support and what data to use to define unserved and underserved areas. State USF Fund Director Cullen Robbins said the USF Fund recommends maintaining the speed threshold at 25/3 Mbps for targeting support. He said changing that threshold would potentially divert unserved support to areas that might qualify as underserved. Robbins said the fund also recommends changing the structure of payments for the high-cost program. Today it pays on a reimbursement basis, but that has resulted in issues of the fund rising to high levels and legislators wanting to access that money for other purposes. Robbins said a structured payout process, with some funding being paid during the course of a project, might work better. Andy Pollock of Rembolt Ludtke, representing the Rural Nebraska Broadband Alliance, urged transitioning by July 1, 2025, away from USF support for infrastructure that cannot provide 100 Mbps symmetrical speeds. He said there's no reason to continue supporting obsolete infrastructure providing lower speeds. Charter Communications Vice President-Regulatory Affairs Tim Goodwin said that rather than 100 Mbps symmetrical, 100/20 Mbps or 25/3 Mbps would be better benchmarks because those speeds align with other state program standards. Making 100 Mbps symmetrical the benchmark for unserved or underserved would be out of line with numerous state and federal programs, he said. Many cable operators offer 1 Gbps downstream speeds but not 100 Mbps upstream, so with a 100 Mbps symmetrical standard, "you just declared almost all of Lincoln and most of Omaha unserved," he said. Consortia Consulting Director Dan Davis, representing a group of rural LECs, said that a transition to 100 Mbps symmetrical to establish served status would be sound policy, but that 2025 was too soon and a graduated approach should be taken through 2028. Multiple speakers testified in support of using FCC broadband data collection data for determining high-cost support distributions for 2024 and forward. BDC data, “as imperfect as it is,” is still better than the Form 477 alternative, said Charter's Goodwin. However, said Davis, BDC data "is demonstrably inaccurate," overcounting the number of broadband serviceable locations. He said once the data is more accurate, the LECs would support using it for future USF distributions.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and subpanel members from both parties voiced growing frustration during a Tuesday hearing with DOJ’s perceived reticence in enforcing existing anti-robocall statutes and eyed the FCC’s Further NPRM giving consumers more choice on the robocalls and robotexts they will receive (see 2306080043). There was more uneven interest among Senate Communications members and witnesses at the hearing in pursuing additional legislation to address ongoing robocall problems amid those enforcement shortcomings.