Frontier Communications’ reorganization is facing state scrutiny where the carrier sought speedy reviews. Some commissions seek more information in their proceedings and at U.S. Bankruptcy Court for the Southern District of New York. Unions and consumers groups are prodding states to look closely. “States are collectively bringing forward the perspective of the average ratepayer,” which can get lost in bankruptcy court, said Connecticut Public Utilities Regulatory Authority Chair Marissa Gillett in an interview.
Lawmakers we spoke with are eyeing more communications policy issues they hope to address before the August recess beyond the push to include telecom funding in COVID-19 legislation. Senate Commerce Committee leaders hope to advance the reconfirmation of Mike O’Rielly to an additional five-year FCC term. The House Commerce Committee plans a markup Wednesday, a spokesperson told us Monday evening. It's expected to include telecom bills that have been on hold since the pandemic disrupted Capitol Hill operations in March (see 2003130073)
Political pressure in executive orders won’t sway the FTC, Chairman Joe Simons wrote June 29 to Sen. Richard Blumenthal, D-Conn., and Rep. Jan Schakowsky, D-Ill. Blumenthal and Schakowsky wrote Simons June 15 with concerns about political influence from President Donald Trump’s EO (see 2005280060) directing the FTC to police unfair and deceptive practices involving online platforms’ content moderation practices, with language targeting Section 230 of the Communications Decency Act. We received the correspondence via a Freedom of Information Act request to the trade commission.
Eligible telecom carrier designation is valuable to state commissioners and mustn't be eliminated, NARUC Telecom Committee members said in interviews last week. The committee plans to vote at the state regulator association’s July 20-22 virtual meeting on a proposed resolution that would reject an idea supported by some industry and FCC Commissioner Mike O'Rielly that raised state alarm (see 2007070057). State commissioners supporting the draft by Chair Karen Charles Peterson of Massachusetts said they haven’t seen the process discouraging providers from seeking USF funding. Two industry groups disagreed.
The wide spectrum of groups against the Earn It Act shows it’s an ill-conceived bill that will repeat the same mistakes as anti-sex trafficking legislation passed in 2018, said representatives from progressive, conservative, industry and academic groups, in interviews. A child advocate noted the wide-ranging support from victims’ rights organizations.
The FCC said Monday its NPRM for implementing the 2012 spectrum law's mandate for public safety to move off the 470-512 MHz T band by 2021 proposes “to issue licenses only where net winning bids would exceed the total estimated relocation costs for all public safety T-Band licensees subject to mandatory relocation.” Those costs are expected to total $5 billion-$6 billion, while GAO found last year revenue from a T-band spectrum sale would be unlikely to exceed $2 billion (see 1906210050). FCC Chairman Ajit Pai announced in May his circulation of the NPRM and simultaneously called for Congress to repeal the auction mandate (see 2005150053). The FCC seeks comment in docket 13-42 on its proposal for a licensing trigger and “on the statutory meaning of certain terms that will inform the likelihood that net winning bids will in fact exceed total estimated relocation costs.” The commission wants commenters to discuss “how to address any deficit in net winning bids -- should we require public safety licensees to relocate on a city-by-city basis if the bids for a particular urbanized area meet or exceed the cost estimates to relocate public safety licensees in that particular area? Similarly, should licensees be required to relocate on a channel-by-channel basis within urbanized areas where bids for that channel meet or exceed the cost of clearing the channel?” Comments are due 30 days after Federal Register publication, replies after 60 days. Commissioner Jessica Rosenworcel supported the NPRM because she believes the rules mean “this auction is destined to fail” given proceeds “would need to be greater than the revenue raised from the FCC’s previous nationwide auctions” in the 24 GHz and the 28 GHz bands combined: The agency “does not have the authority to waive this statutory requirement, even if under present circumstances this auction is clearly not in the public interest.” Congressional “action that would stop this auction and allow public safety authorities to continue to communicate using the T-Band is the best way forward,” Rosenworcel said.
Wireless carriers warned California it will exceed legal authority with network resiliency requirements responding to wildfires and public safety power shutoffs. The California Public Utilities Commission received comments Wednesday in docket R.18-03-011 on a proposed decision giving wireless providers 12 months to deploy generators capable of 72-hour backup power in tiers 2 and 3 high-fire-threat districts. Counties hit hard by wildfires last year support the plan (see 2006170049). The PD "proposes several requirements that are unworkable and, as discussed below, exceed the Commission’s legal authority and are preempted by federal law,” commented CTIA. “Much of what has been proposed is expressly preempted by the federal Communications Act, barred by conflict preemption" given the FCC's "affirmative decision not to regulate these matters, and barred by field preemption.” Seek industry “informational filings,” CTIA asked. AT&T and T-Mobile raised similar issues. The proposal contains "factual, legal and technical errors that perpetuate certain fundamental misperceptions of wireless network resiliency and otherwise relies on unprecedented and unlawful assertions of Commission authority,” T-Mobile said: The CPUC lacks "authority to mandate how wireless carriers design their networks, the type or level of service they provide, the times that service is available, or what equipment should be used to help maintain service.” Noting the PD didn’t include infrastructure companies, the Wireless Infrastructure Association mostly supported the draft, including the proposed waiver process for areas where the requirement is infeasible or not needed. Avoid being “inundated with waiver requests," WIA suggested: “Any requirement that 72 hours of backup power must be deployed at all small cells would trigger an onslaught of waiver requests,” so expressly limit that requirement to macro cellsites that provide coverage. The Utility Reform Network said the CPUC has authority and “ample record support.” Also address "the need for reliable backhaul,” TURN said. The California State Association of Counties urged considering expanding the backup power rule to tier 1 high fire threat districts.
The Senate Judiciary Committee unanimously advanced the Earn It Act (S-3398) (see 2007010058) Thursday. A manager’s amendment from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., and another amendment from Sen. Patrick Leahy, D-Vt., passed.
The Senate Judiciary Committee is expected to consider a significant amendment to the Earn It Act (S-3398) from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., at Thursday’s markup (see 2006290056). According to a committee aide, Graham intends to introduce a manager’s amendment with Blumenthal that would remove the tech industry’s blanket immunity under Section 230 of the Communications Decency Act from federal civil, state criminal and state civil child sexual abuse material (CSAM) laws: “Service providers will now be treated like everyone else when it comes to combating child sexual exploitation and eradicating CSAM.” The amendment would task a government-backed commission with developing voluntary best practices rather than approving best practices required for certification, as originally drafted. “By allowing any individual state to set laws for internet content, this bill will create massive uncertainty, both for strong encryption and free speech online,” said Sen. Ron Wyden, D-Ore. Wyden’s bill would direct $5 billion for investigations and resources about online child abuse. Offices for Graham and Blumenthal didn't comment. Internet Association Senior Director-Federal Government Affairs Mike Lemon welcomed recognition of Fourth Amendment concerns raised against the original bill. He said the amendment, however, would replace one set of problems with another. It would open the “door to an unpredictable and inconsistent set of standards under state laws that pose many of the same risks to strong encryption,” Lemon said. As Section 230 “does not apply to federal criminal law, these proposals, including a government-backed Internet regulatory commission, can only undermine the ongoing fight against CSAM,” said Computer & Communications Industry Association President Matt Schruers. The bill “makes it possible for one state to undermine encryption nationwide,” said NetChoice Vice President Carl Szabo. The tech industry shouldn’t be immune from lawsuits, whether at the state or federal level, when it’s responsible for injuring people including children, said National Center on Sexual Exploitation General Counsel Benjamin Bull. He said that either industry will self-correct, or the federal government will expose it to litigation. CSAM is illegal under federal law, despite Section 230, emailed Information Technology and Innovation Foundation Vice President Daniel Castro. “Why are some members of Congress so aggressively pursuing this new law? By most accounts, it appears to be because this law can be used to undercut encryption.”
The House Armed Services Committee voted Wednesday to include in its FY 2021 National Defense Authorization Act (HR-6395) two amendments aimed at hindering the FCC’s approval of Ligado’s L-band plan, as expected (see 2006260051). The Senate continued to consider its Armed Services Committee-cleared NDAA version (S-4049) with anti-Ligado language intact (see 2006110026). Senate Armed Services Chairman Jim Inhofe, R-Okla., attempted but failed to advance by unanimous consent a manager’s amendment to S-4049 containing additional telecom and tech language.