Backers of a bid to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program believe appropriations legislation, including a likely continuing resolution to extend federal payments past Sept. 30, is the most viable vehicle for formally allocating the additional money, due to concerns about delayed action on the House-passed (see 2207280052) Spectrum Innovation Act (HR-7624). Senate Commerce Committee leaders are grappling during the August recess with how to respond to HR-7624, which would allocate some proceeds from a proposed auction of the 3.1-3.45 GHz band for rip and replace reimbursements, given disagreements on spectrum policy priorities (see 2208090001).
Tech and antitrust staffers on the Senate Commerce and Senate Judiciary Committees top the list of potential successors to FTC Commissioner Noah Phillips, former officials and industry representatives told us.
Wireline ISPs urged California Senate appropriators to support a bill to revise the California Public Utilities Commission’s review process for California Advanced Services Fund (CASF) grant applications, at a hearing Monday. AB-2749 would streamline the CASF program with federal funding coming, said USTelecom lobbyist Yolanda Benson at the livestreamed Senate Appropriations hearing. The Electronic Frontier Foundation opposes AB-2749 (see 2205240048). The committee agreed to move the bill to its “suspense file," a category reserved for bills deemed to be costly and that will be taken up before a Friday fiscal-committee deadline. The committee also sent to suspense AB-32 to keep temporary telehealth changes made on an emergency basis during the COVID-19 pandemic (see 2105170030); AB-1262, which seeks to restrict use of recordings or transcriptions of what users say to or in the presence of smart speakers; and AB-2750 to require the CPUC to develop a state digital equity plan by Jan. 1, 2024. California appropriators sent many other communications bills to suspense last week (see 2208030056 and 2208010060).
With more than 13 million households now enrolled in the FCC’s affordable connectivity program, commissioners approved an order Friday establishing an outreach grant program to further boost participation (see 2207150063). Commissioners at the monthly meeting also adopted an order establishing a one-year pilot program to increase ACP enrollment among households receiving federal housing assistance and a notice of inquiry seeking comment on space innovation and operations.
The FCC “reopened” for in-person meetings in June, but the agency hasn’t seen a wholesale return to them, and most meetings between staff and industry remain virtual, as they have been since the start of the COVID-19 pandemic in March 2020, based on a review of ex parte filings and interviews with lawyers and FCC officials. Some expect more in-person meetings starting after Labor Day, depending on what happens on COVID infection rates during August.
California could risk losing broadband funding if it grants a consumer group petition to require low-cost broadband plans for everyone, ISPs warned this week. The California Public Utilities Commission received responses Monday in docket R.20-09-001 on advocates’ petition to modify an April decision on rules for the state’s $2 billion last-mile federal funding account (FFA). Industry also clashed with consumer groups, in reply comments in docket R.20-02-008, on how California LifeLine subsidies interact with federal programs.
Senate Commerce Committee Democratic and Republican leaders divided along party lines during a Tuesday Communications Subcommittee hearing on their preferences for extending the FCC’s spectrum auction authority, the dominant focus during the panel, as expected (see 2208010030). Communications Chairman Ben Ray Lujan, D-N.M., strongly backed a longer-term renewal than the House proposes in its Spectrum Innovation Act (HR-7624). Commerce ranking member Roger Wicker, R-Miss., and Communications ranking member John Thune, R-S.D., back HR-7624’s proposed 18-month renewal.
Senate Commerce Committee leaders remain intent on pursuing their own spectrum legislative package before a Tuesday Communications Subcommittee hearing, despite House Commerce Committee heads’ call for their colleagues to just concur with the chamber-passed (see 2207280052) Spectrum Innovation Act (HR-7624) given the Sept. 30 expiration of the FCC’s auction authority. That deadline is expected to be a focus during the hearing, with the subpanel likely to get divided opinions from witnesses on the wisdom of HR-7624’s proposal for an 18-month auction authority renewal that would last through March 31, 2024. The hearing is to begin at 2:30 p.m. in 253 Russell.
The cable industry is incorrect that applying affordability metrics in California Advanced Services Fund is inconsistent with CASF statutory directions, said the California Public Utilities Commission in a revised draft order Thursday in docket R.18-07-006. Responding to concerns raised by the California Cable and Telecommunications Association, the new draft said “consideration of affordability impacts is consistent with the stated goal of Pub. Util. Code Section 281 ‘to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation and the substantial social benefits of advanced information and communications technologies…’” The CPUC previously rejected CTIA’s argument that affordability metrics apply only to rate-regulated communications services, the draft said. Communications companies have resisted California affordability metrics (see 2207110030). The CPUC plans to vote on the proposed decision Aug. 4 after delaying the item that had first been scheduled for July 14. Meanwhile in docket R.20-023-008, Verizon’s Tracfone slammed a proposed decision to reduce California LifeLine subsidies when total federal monthly support applied to a LifeLine plan is more than $9.25. Other companies also raised concerns with the item that could get a vote Aug. 25 (see 2207280059). The CPUC draft “limits consumer choice and harms consumer affordability in a manner that is contrary to the” Moore Universal Telephone Service Act, a 2021 California law, said the wireless Lifeline provider: The draft “would prohibit low-income consumers from maximizing the full breadth of federal and state Affordable Connectivity Program (ACP) and LifeLine support that carriers would use to help design unlimited wireless connectivity offerings at no cost.”
Democratic leaders on the House and Senate Commerce committees aren’t fully discounting the possibility the panels could devote some time to evaluating the newly filed Net Neutrality and Broadband Justice Act during the remaining months of this Congress, but some acknowledge any serious consideration of the measure will likely have to wait until 2023 at the earliest. Democratic leaders bristled at some Republicans’ view that lawmakers unveiled the measure as a reaction to FCC nominee Gigi Sohn’s stalled Senate confirmation process (see 2206230066).