ANAHEIM, Calif. -- The NARUC Telecom Committee on Monday cleared draft resolutions on phone number conservation, the Universal Service Fund and utility coordination on broadband deployment. A USF panel that day described how reform could happen with Republicans controlling the FCC and Congress next year. Also, the affordable connectivity program (ACP) could return in 2025 despite Washington’s partisan climate, said Sanford Williams, deputy chief of staff for FCC Chairwoman Jessica Rosenworcel, during a collocated National Association of State Utility Consumer Advocates (NASUCA) meeting. State utility regulators are holding their annual meeting here this week.
The FCC wants oppositions by Nov. 25 concerning multiple pending petitions for reconsideration of the commission's order implementing the Martha Wright-Reed Act, said a notice in Friday's Federal Register (see 2411070040). Replies to oppositions to the petitions are due by Dec. 5 in docket 23-62. Stephen Raher, Deaf Equality and TDIAccess, NCIC Communications and HomeWAV filed petitions.
FCC Commissioner Brendan Carr is in prime position to take over the commission’s chairmanship in January following former President Donald Trump’s election to a second term, giving him leeway to make potentially sweeping changes on a range of high-profile communications policy matters, lawyers and other observers said in interviews Wednesday. Carr’s agenda if he becomes chairman is likely to mirror elements of the FCC chapter he wrote for the Heritage Foundation’s Project 2025 policy agenda (see 2407050015), but he may need to delay non-bipartisan actions until the Senate can confirm a Republican nominee to fill current Chairwoman Jessica Rosenworcel’s seat if she resigns, as is tradition, observers told us.
The EPA, not the FCC, is the proper federal agency to coordinate or conduct space environmental protection, National Space Society space regulation and oversight policy lead Grant Henriksen blogged last week. Noting a call by space academic researchers for the FCC to conduct environmental reviews for large constellations of satellites, Henriksen said the commission lacks the expertise for address space activities' environmental impacts and should abstain from regulating non-communications-related undertakings. FCC steps toward environmental regulation would be open to legal attack in a post-Chevron world, creating greater regulatory uncertainty when the U.S. commercial space sector "already faces numerous challenges on that front." He said the EPA can address risks to the atmosphere from increased rocket launches and reentries.
Republican presidential nominee Donald Trump on Thursday filed a $10 billion lawsuit complaint against CBS that quotes FCC Commissioners Brendan Carr and Nathan Simington supporting allegations that the network deceived its audience when it edited an answer in an interview with Vice President Kamala Harris, the Democrats' presidential nominee. Meanwhile, former FCC Chairman Tom Wheeler on Friday said a future FCC chair in a second Trump administration would likely face considerable pressure to act against media outlets. During a Center for American Progress webinar, Wheeler said a Trump appointee could encounter a situation that no FCC chairman has "faced in the 90-year history of the commission.”
Telecom companies balked at consumer advocates’ call to apply California carrier of last resort (COLR) obligations to broadband. The California Public Utilities Commission posted reply comments Thursday in a rulemaking about how to update the state’s 30-year-old COLR rules (docket R.24-06-012). In initial comments last month, carriers subject to COLR requirements asked that the CPUC shed those obligations in many parts of the state, while consumer advocates said COLR obligations remain necessary and should be updated to include high-speed internet service, not just voice (see 2410020037). Frontier Communications replied Wednesday that it opposes expanding the proceeding to do “a complex, controversial evaluation of legal and policy matters pertaining to the Commission’s potential regulation of broadband services.” Likewise, Consolidated Communications said the CPUC should "decline the invitation to undertake a substantial review of its regulatory jurisdiction over broadband services.” TDS protested that the consumer groups "seek to greatly expand this OIR beyond its intended purpose” without providing factual or legal reasons. Don’t let public advocates "transform this … into a generic telecommunications industry reexamination docket,” said a coalition of small rural local exchange carriers. Representing cable companies, the California Broadband and Video Association warned that adding broadband to the definition of a basic service or extending COLR obligations to broadband providers would be federally preempted. Meanwhile, the CPUC’s independent Public Advocates Office pushed back on companies that said COLR obligations are outdated and should be eliminated. "In reality, the COLR concept remains essential to the guarantee of universal service, but must be updated to reflect the state’s transformed telecommunications landscape,” PAO said. AT&T disagreed. "Maintaining COLR obligations where they are superfluous would divert resources from vital broadband investments to outdated [time division multiplexed] networks, which are increasingly unwanted by consumers,” the carrier said. “It would not only stifle competition by arbitrarily constraining ILECs alone but also result in unnecessary operational costs and increased environmental harm due to prolonged use of copper networks.”
The FCC's proposed rewrite of its submarine cable rules could put a variety of cybersecurity requirements on operators and bar them from using equipment or services on the agency's Covered List. The NPRM on the agency's Nov. 14 open meeting agenda also proposes significantly shortening cable landing licenses, from 25 years to three. Also on the agenda is a codification of many temporary provisions for authorization of geotargeted radio using program-originating FM boosters and a draft order on the caller ID authentication process aimed at further tackling unlawfully spoofed robocalls. The agenda items (see 2410300033) were made public Thursday.
A three-judge appeals court panel hearing a challenge (docket 24-7000) of the FCC's Title II reclassification of broadband questioned industry groups and the agency Thursday about the major questions doctrine (see 2409030030). Oral argument was held at the 6th U.S. Circuit Court of Appeals, where judges also questioned the relationship between the doctrine and Chevron deference, as well as the statutory interpretation of the Communications Act and the FCC's changing positions over time.
The California Public Utilities Commission should consider recent federal actions on incarcerated people's communications services (IPCS) before adopting a permanent intrastate rate cap, industry and consumer groups argued in comments posted Wednesday. However, The Utility Reform Network (TURN) and Center for Accessible Technology (CforAT) suggested lowering the cap again on an interim basis. The CPUC received comments Tuesday on a Sept. 30 staff proposal recommending a permanent intrastate rate cap of 4.5 cents per minute for IPCS voice calls.
NARUC Telecom Committee Chair Tim Schram seeks better coordination and greater cost sharing related to digging amid an influx of government funding for broadband deployment, the Nebraska Republican said in an interview. NARUC circulated draft resolutions Tuesday for the state utility regulator association’s Nov. 10-13 meeting in Anaheim. In addition to a Schram proposal about coordination, the Telecom Committee plans to weigh drafts on optimizing phone number resources and defending the constitutionality of the federal universal service fund (USF) surcharge mechanism.