In a busy end-of-year meeting, the FCC tackled digital discrimination, IP captioned telephone services rates and the space application review process, all with unanimous votes by commissioners. Commissioners also approved a record-setting fine for alleged robocalls, at Wednesday's meeting.
The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).
Sen. Mike Rounds, R-S.D., who sank a bid by telecom-focused congressional leaders to attach a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related telecom priorities to the FY 2023 appropriations omnibus measure (see 2212190069), claimed Tuesday that DOD faced outside pressure to agree to back the proposal. Rounds vowed to continue opposing future attempts to weaken DOD's authority to manage its spectrum holdings.
A state appeals court ordered the Oregon Public Utility Commission to reconsider an order denying payphone providers refunds from Lumen. The Northwest Public Communications Council (NPCC), a regional payphone provider association, asked the PUC to order Lumen to issue refunds for payphone rates that its predecessor Qwest charged payphone companies between 1996 and 2003, saying the charged rates didn’t comply with federal law. “The PUC's prior orders in this docket neither require nor preclude the requested refunds and … we cannot say whether state and federal law require the PUC to order the requested refunds,” Oregon Appeals Court Judge Darleen Ortega wrote in Wednesday’s decision (case A166810). “However, because we conclude that the PUC relied on factual findings that are not supported by substantial evidence, we reverse Order No. 17-473 and remand to the PUC for reconsideration.” The PUC hasn’t determined if the pre-2003 rates complied with federal law, said Ortega. “Under the applicable regulatory scheme, the PUC does not have discretion to simply ignore NPCC's allegations that Qwest's pre-2003 payphone rates violate section 276” of the 1996 Telecom Act, she said. “And if, after proper inquiry, the PUC finds that Qwest's pre-2003 payphone rates exceeded that allowed by federal law and amount to 'unjust and unreasonable exactions,' the PUC has a duty to protect ratepayers, including NPCC's members, by providing some appropriate remedy,” which “may include ordering refunds for overcharges.” The Oregon PUC "will be reviewing the order and will take appropriate action based on the court’s decision," a spokesperson said Monday. Lumen declined to comment.
Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
Industry urged the FCC to facilitate the transition to IP networks for caller ID authentication. Many said there's no need to establish rules allowing for caller ID authentication on non-IP networks and cited TDM tandem switches as one of the main obstacles to fully implementing Stir/Shaken technology. Comments were posted Tuesday in docket 17-97 (see 2210270046).
Industry companies and groups disagreed sharply on the best way for the FCC to open the 12.7 GHz band for other users, and whether it should be offered for exclusive-use licenses or be the next big sharing band. Band incumbents urged caution. Comments were due Monday and posted Tuesday in docket 22-352. The FCC approved a notice of inquiry in October on what others call the 13 GHz band (see 2210270046).
House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).
A bid to circumvent FCC barriers on broadcasters airing ads for cannabis products in states where they're legal faces uncertain prospects on Capitol Hill. Federal law bars broadcasters from carrying ads for marijuana and other schedule 1 controlled substances. The House passed its FY23 FCC appropriations bill (HR-8294) in July with a rider barring the FCC from using its funding to revoke or otherwise condition a broadcaster’s license because it airs ads for cannabis products (see 2206270061).
The communications market doesn’t need affordability metrics, telecom industry groups told the California Public Utilities Commission in comments this week. The CPUC received feedback Wednesday on a 2020 affordability report released last month and possibly applying the agency’s metrics to communications (see 2210140036). In a separate docket, the state commission received mixed reviews on a proposed pilot program for stacking federal affordable connectivity program (ACP) funds on state LifeLine support (see 2210140068).