Communications sector officials and lobbyists believe the outcome of the Tuesday midterm election could affect a range of telecom policy priorities, including whether the Senate confirms FCC nominee Gigi Sohn this year, or any other commission Democrats, during the remainder of President Joe Biden’s term. Election results may affect future federal broadband funding initiatives and the direction of a proposed spectrum pipeline in the years ahead, observers told us. Election prognosticators see only a handful of incumbents on the Senate and House Commerce and Judiciary committees facing tight reelection battles despite volatile polling results in recent weeks.
Speakers at a Utilities Technology Council virtual event Thursday issued a warning about the risks still posed by unlicensed use of the 6 GHz band and said utilities may have to take other steps to protect critical communications. The FCC, meanwhile, conditionally authorized 13 automated frequency coordination providers to operate in the band. Industry officials said last month the FCC appeared close to taking the next steps on AFC (see 2210170075).
Noting an FCC structure built for another era without mega constellations or space entrepreneurship, Chairwoman Jessica Rosenworcel unveiled plans Thursday for an International Bureau reorganization including creating a Space Bureau to handle all space-related issues and a stand-alone Office of International Affairs. Agency and space industry officials said one hoped-for effect would be swifter processing of space operation applications. The commission didn't comment on expected time frame for the reorganization or what kind of additional resources the new bureau might have.
The California Public Utilities Commission should weigh legal and jurisdictional issues in a VoIP rulemaking before considering rules, said AT&T, Frontier Communications and small rural telcos in separate replies filed Monday. AT&T saw "broad agreement" in opening comments (see 2210180049) that the proposal exceeds the CPUC's authority "and could invite legal challenge if adopted,” the carrier said in docket R.22-08-008. The California Cable and Telecommunications Association agreed with opposition to the CPUC staff proposal and suggested an alternative approach. The CPUC could make a “streamlined licensing framework specific to” digital voice services like VoIP, it said. The agency would apply only CPUC rules that currently apply to VoIP service, though it could later consider "targeted" regulations, CCTA said. Noting 501 VoIP providers are informally registered with the commission, Sangoma condemned the CPUC proposal "a blueprint to stifle competition in the presently vibrant VoIP market in California.” The business VoIP provider is especially concerned with proposed tariff requirements, it said. “Tariffs are relics of a bygone era when telephone services were offered by regulated monopoly providers. That era ended long ago, and tariff requirements have rightly gone by the wayside except for a few large incumbent providers and in rural areas that lack competition.” The CPUC should reject industry’s jurisdictional arguments, The Utility Reform Network and Center for Accessible Technology replied jointly. "The Commission has jurisdiction over VoIP providers, who are telephone corporations under California law," the consumer groups said. "The Commission is not barred from regulating VoIP service by federal law, including classification as an information service and preemption principles.”
The FCC’s persistent 2-2 tie since the beginning of the Biden administration and the resulting dearth of partisan Democratic telecom policy actions will likely blunt the level of criticism Chairwoman Jessica Rosenworcel and the commission will initially face from House Commerce Committee Republicans during the next Congress if their party wins a majority in the Nov. 8 election, said ex-panel Chairman Greg Walden, R-Ore., and other observers in interviews. But Commerce GOP oversight of the FCC would likely ratchet up significantly if and when the commission returns to a 3-2 Democratic majority, officials said. Regardless, there will be a major emphasis on whether the FCC is abiding by the Supreme Court’s embrace of the "major questions” doctrine in its West Virginia v. EPA ruling (see 2206300066), officials said.
Back with a full complement of commissioners, the Pennsylvania Public Utility Commission voted 5-0 Thursday to let T-Mobile exit federal Lifeline in Pennsylvania. In the unanimous voice vote, PUC members granted T-Mobile’s Sept. 1 petition to relinquish eligible telecom carrier designation for low-income support effective Dec. 31. “We find that T-Mobile has given appropriate and sufficient notice to us regarding its planned abandonment,” said the PUC order in docket P-2011-2275748. T-Mobile’s 90-day written notice and other planned communications will give Lifeline customers “detailed information” and “ample time to obtain service from an alternative Lifeline provider operating in that same geographic region,” it said. T-Mobile on Sept. 30 sent the PUC a copy of a letter notifying customers that the carrier was ending Lifeline participation. T-Mobile’s petition noted the carrier provides “a variety of low-cost service plans” and subsidiary Assurance Wireless and MetroPCS participate in the federal affordable connectivity program. Thursday’s meeting was the PUC’s first since April 16, 2020 with commissioners in all five seats. The Pennsylvania Senate last week confirmed Katie Zerfuss, deputy secretary for legislative affairs for Gov. Tom Wolf (D), and Stephen DeFrank, former chief of staff for state Sen. Lisa Boscola (D), and reconfirmed Commissioner John Coleman, whose term had expired Oct. 1 (see 2210190042). “Retirement for two weeks was great,” remarked Coleman at the livestreamed meeting. The PUC elected DeFrank as vice chairman Friday, said Chairman Gladys Brown Dutrieuille. T-Mobile didn’t comment.
The FCC approved 4-0 Thursday an NPRM that proposes new rules to make the emergency alert system and wireless emergency alerts more secure. Chairwoman Jessica Rosenworcel said the rulemaking is one part of the FCC’s current focus on making systems more secure. FCC officials said, as expected (see 2210250057), there were only minor changes over what Rosenworcel proposed, FCC officials said.
FCC commissioners approved 4-0 Thursday, as expected (see 2210240047), an order launching a notice of inquiry on the 12.7 GHz band. The agency also cleared a plan to extend USF support to eligible mobile and fixed carriers in Puerto Rico and the U.S. Virgin Islands and an NPRM addressing Stir/Shaken caller ID authentication standards. Chairwoman Jessica Rosenworcel acknowledged she had circulated an item focused on the 4.9 GHz band (see 2210260064).
An online survey to collect data for an FCC content vendor diversity report could be “simple, easy, and non-burdensome,” said Fuse in a call with Media Bureau Chief Holly Saurer and Media Bureau staff Monday, according to an ex parte filing in docket 22-209 (see 2207260003). Fuse demonstrated a prototype survey portal for the bureau during the call, the filing said. The sample survey has drop-down menus to record licensees and distributors and a box to sign certifying under penalty of perjury that “every content vendor listed in response to this survey has been contacted by my organization by email or certified mail with the following message: 'The Federal Communications Commission requests that you complete the Content Vendor Diversity Report Survey.'” Even if some vendors wouldn’t respond or responded incorrectly “the resulting information nevertheless would be better than what the Commission has today in this area (i.e., nothing),” the filing said.
Wisconsin officials promised Tuesday to take big strides to close the state’s digital divide. Local governments should engage with the state on plans for NTIA’s broadband equity, access and deployment (BEAD) program and do more to increase participation in the federal affordable connectivity program (ACP), said Wisconsin Public Service Commission Chairperson Rebecca Cameron Valcq at a partially virtual broadband forum co-hosted by NTIA and the Wisconsin PSC: “We cannot leave any part of our state behind.”