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).
Congress "should consider legislation to designate a leadership position in the White House with commensurate authority to implement and encourage action in support of the nation's cybersecurity," GAO reported Tuesday. The House-passed FY 2021 National Defense Authorization Act (HR-6395) includes language to establish a national cyber director within the executive office of the president (see 2007200067). The U.S. Cyberspace Solarium Commission also recommended that (see 2003110076). “In light of the elimination of the White House Cybersecurity Coordinator position” (see 1708030009), “it remains unclear which official ultimately maintains responsibility for not only coordinating execution” of President Donald Trump’s 2018 U.S. cyber strategy (see 1809200055) “but also holding federal agencies accountable once activities are implemented,” GAO said. “Without a clear central leader to coordinate activities, as well as a process for monitoring performance," the White House “cannot ensure that entities are effectively executing their assigned activities intended to support the nation’s cybersecurity strategy and ultimately overcome this urgent challenge.” GAO urged the National Security Council to "work with relevant federal entities to update cybersecurity strategy documents to include goals, performance measures, and resource information." NSC “neither agreed nor disagreed with GAO's recommendation,” the office said. GAO separately urged the State Department to “involve federal agencies that contribute to cyber diplomacy to obtain their views and identify any risks, such as unnecessary fragmentation, overlap, and duplication of these efforts, as it implements its plan to establish” a Cyberspace Security and Emerging Technologies (CSET) Bureau. It's "important for agencies to involve other agency stakeholders in developing proposed reforms to obtain their views,” the office said. “Without involving and communicating with agency partners on its reorganization plan, State lacks assurance that it will effectively achieve its goals for establishing CSET, and it increases the risk of negative effects from unnecessary fragmentation, overlap, and duplication of cyber diplomacy efforts.” State disagreed, saying "other agencies are not stakeholders in an internal State reform, and that it was [unaware] that these agencies had consulted with State before reorganizing their own cyberspace security organizations,” the auditor said.
Fred Moorefield, deputy chief information officer for command, control and communications, defended DOD’s recent request for information on spectrum sharing, which industry and FCC officials say raised questions as the commission moves toward a vote on the 3.45-3.55 GHz band. Moorefield spoke at NTIA’s virtual spectrum policy symposium. At a similar summit a year ago, officials promised the administration would soon release a national spectrum policy; it hasn't been unveiled.