The FCC made major changes to its draft 4.9 GHz order after it was circulated by Chairman Ajit Pai, based on our comparison. Commissioners last week approved the order on a party-line vote (see 2009300050). It now includes a section blocking states that divert 911 funds from participating. The FCC will make the cut, initially, based on the 2019 fee diversion report. Nevada, New Jersey, New York, Rhode Island and West Virginia are initially ineligible. A comparison of the draft and final order and Further NPRM on 5G in 3.45-3.55 GHz also found changes.
The U.S. Court of Appeals for the D.C. Circuit denied a stay of the FCC’s April order allowing Wi-Fi and other unlicensed users to share the 6 GHz band. APCO sought the stay, with the support of electric utilities (see 2009180044). Wi-Fi proponents said the Thursday decision is important in that the court considers the merits of a challenge in deciding whether to grant a stay. The court also declined a request for an expedited hearing. Wi-Fi industry officials said the first devices are likely this year, with rollout accelerating into 2021.
Commissioners approved a Further NPRM Wednesday 5-0 on clearing the 3.45-3.55 GHz band, after changes were made at the urging of FCC Democrats asking whether the type of sharing used in the citizens broadband radio service band would work there. Commissioner Mike O’Rielly, who said during discussion on the item that he's leaving the FCC by year-end (see 2009300014), had pushed for the agency to take on the band. Commissioner Jessica Rosenworcel said the U.S. remains behind on 5G. Chairman Ajit Pai predicted an auction next year.
Local governments and utilities challenged FCC-asserted authority upheld by the 9th U.S. Circuit Court of Appeals in August. Locals and the American Public Power Association separately sought en banc rehearing of a three-judge panel decision mostly supporting FCC 2018 wireless infrastructure orders on small cells and local moratoriums. Commissioner Brendan Carr responded Tuesday that the court’s August decision supports quick infrastructure deployment.
FCC commissioners will likely approve an order 5-0 Wednesday cutting IP captioned telephone service (IP CTS) rates, though FCC Democrats Jessica Rosenworcel's and Geoffrey Starks' concerns are expected to be discussed, FCC and industry officials said. Among the biggest is how well automated speech recognition (ASR) technology will work to generate captions. There has been little input from consumers since the draft was proposed, officials said. An FCC spokesperson didn’t comment.
The California Public Utilities Commission should pump the brakes on state LifeLine changes until the FCC resolves federal Lifeline minimum service standards (MSS), the National Lifeline Association commented Thursday in CPUC docket R.20-02-008. Many at the federal agency seek to freeze MSS at 3 GB and oppose an FCC plan to raise MSS to 4.5 GB monthly; it would increase to 11.75 GB on Dec. 1 otherwise (see 2009150072). NaLA raised legal concerns with the CPUC’s proposal, saying it’s “likely to be challenged in federal court because it breaks with the Commission’s own precedent and mandates that the wireless Basic and Standard Plans be provided to California LifeLine participants for free in violation of Section 332(c)(3) of the Communications Act.” Federal law bans state commissions from setting wireless Lifeline co-payments, TracFone commented. Requiring free services is prohibited rate regulation, said the company, being bought by Verizon. The CPUC Public Advocates Office praised the agency’s plan to include wireline broadband service in LifeLine. "Given more than six months have passed since the start of the pandemic and many Californians may be in need of affordable broadband options to perform these essential activities, Cal Advocates urges the Commission to implement the [proposed decision's] interim rules swiftly and with urgency.” The California Emergency Technology Fund agreed. Frontier Communications raised concerns the proposal recommends replacing only $2 of a $4 monthly federal funding reduction coming in December. “This proposal will result in rate increases of up to $2.00 and harm low-income consumers at a time when they are most vulnerable from the COVID-19 pandemic and the ongoing financial crisis.”
The Minnesota Public Utilities Commission voted 4-0 to clear Frontier Communications' bankruptcy reorganization but pledged to investigate the impact of the carrier’s “virtual separation.” Chair Katie Sieben was absent. Communications Workers of America raised concerns nationally about virtual separation, saying it could mean separating fiber deployment from copper operations, possibly to some areas’ detriment. Frontier sought to reassure policymakers it’s only an internal exercise (see 2009090055). At Thursday’s livestreamed virtual meeting, Commissioner John Tuma proposed an investigation as an “early warning system” to notify local governments if Frontier doesn’t invest in fiber in their areas. Frontier officials disagreed with requiring the inquiry in the same order clearing the reorg because they said it might prevent them from emerging from Chapter 11. Citing her experience with bankruptcy cases, Commissioner Valerie Means agreed that might be problematic. Tuma at first disagreed, saying it didn’t create a condition on the commission’s approval, but later agreed not to mention the probe in the decision. Instead, Tuma announced he was making a “clear signal” the “investigation will be opened ... before bankruptcy is completed.” Minnesota Assistant Attorney General Richard Dornfeld supported approving the deal despite no most-favored-state provision and lingering concerns about service quality, especially rural. Frontier earlier got OK from U.S. Bankruptcy Court for the Southern District of New York, plus several states. Reorg remains under review by others and federally (see 2009210055).
Washington, D.C.’s 911 office will be audited (see 2009240064) after concerns raised by the media and local and federal officials about possible dispatching mistakes, the Office of D.C. Auditor said Thursday. A final report could be finished May 15, said a request for proposals. District of Columbia Advisory Neighborhood Commission (ANC) 4B01’s Evan Yeats requested the audit and Thursday applauded Auditor Kathleen Patterson, who earlier said the office was considering such a move (see 2008070042). Other stakeholders also backed the review.
Entertainment Software Association hires Tara Ryan from Association for Accessible Medicines as vice president-state government affairs; Karen Gravois Elliott, ex-Adtran, as vice president-communications and public affairs; David Thomas, ex-Sandler Travis, is senior counsel-global policy and international trade; and Annie Chavez, ex-Sandia National Laboratories, becomes senior director-federal government affairs.
Opponents of states using 911 fees for unrelated purposes support an FCC notice of inquiry proposed for vote at Wednesday’s meeting. Some want earlier action and wonder what the future holds, since the item’s main FCC champion, Commissioner Mike O’Rielly, is likely leaving. The agency would ask how to dissuade states from diverting 911 fees and the impact of the practice (see 2009090048).