Maine should fight a lawsuit by national ISP associations challenging a state ISP privacy law, said the American Civil Liberties Union and an ex-FCC official Tuesday. CTIA, NCTA, USTelecom and the American Cable Association sued Maine Friday in the U.S. District Court of Maine, before the regulations take effect July 1. Maine Gov. Janet Mills (D) signed the bill in June countering Congress' 2017 repeal of 2016 FCC broadband privacy rules, after bipartisan votes in the legislature (see 1906060050).
“Four hours is not enough” for battery backup at wireless cellsites, since last year’s public safety power shutoffs lasted two to eight days, California Public Utilities Commission member Genevieve Shiroma said Wednesday. CPUC is looking into the issue, she replied to our question on a resiliency panel at the NARUC winter meeting. For the state commission, “the wildfire emergency has really put an exclamation point on the importance of communications and broadband during an emergency,” said former FCC and CPUC Commissioner Rachelle Chong in an interview.
PASADENA, Calif. -- A federal judge appeared skeptical Monday of an FCC safe harbor threshold that lets communities charge wireless carriers up to only $270 yearly for each small-cell facility. Municipalities and others are challenging FCC wireless infrastructure orders in a consolidated case at the 9th U.S. Circuit Court of Appeals. Judges’ decision about whether the commission legally pre-empted local authority in the right of way could have broader impact for local authority in telecom (see 2002060056).
President Donald Trump’s administration again proposes to zero out federal funding for the CPB in his FY 2021 budget proposal, getting familiar opposition from the entity’s supporters. He sought to draw down CPB’s funding in each of his budget proposals since taking office in 2017 (see 1903180063). Trump seeks an increase in appropriations to the FCC and NTIA, but wants to slightly decrease the amount provided to the FTC. Trump signed off in December on FY 2020 appropriations, including $339 million for the FCC, $331 million for the FTC and $40.4 million for NTIA (see 1912190068).
The House Commerce Committee’s telecom agenda is set to be dominated in the coming weeks by leaders’ work to reach a deal on legislation on allocating the proceeds of a coming FCC auction of spectrum on the 3.7-4.2 GHz C band, lawmakers and lobbyists told us. Committee members are being pressed by a planned Feb. 28 FCC vote on Chairman Ajit Pai’s C-band plan, which he unveiled Thursday (see 2002060057) and released Friday. Other items are also percolating, including on public safety communications, network resiliency and broadband.
Local governments and the FCC are gearing up for oral argument Monday at the 9th U.S. Court of Appeals in Pasadena, California, on two commission orders the agency and industry say are needed to streamline 5G infrastructure deployment. Judges’ decision about whether the commission legally pre-empted local authority in the right of way could have broader impact for local authority in telecom, municipal attorneys and others told us.
The amount satellite operators would receive to exit the C band on an expedited basis appears to be in flux headed into FCC Chairman Ajit Pai’s big unveil Thursday of his proposal. Some at the FCC earlier appeared to take a hard line, suggesting a $5 billion incentive payment for all operators (see 2001290049). Pai may be willing to offer a higher amount but less than $10 billion.
Concerns continue over new Rural Digital Opportunity Fund language in the order that was approved along party lines at Thursday's FCC meeting and could restrict support in areas that get state USF-like funding (see 2001300001). Stakeholders Tuesday were awaiting the order's release. "We are working to get it out as soon as possible," an FCC spokesperson emailed.
FCC Commissioner Mike O’Rielly said he’s not “professionally embarrassed” about the state of the TV industry, in a letter to longtime consumer activist and former presidential candidate Ralph Nader posted Monday. “I am proud of the accomplishments of my work and this Commission,” O’Rielly responded to letters Nader sent to all five commissioners in March and in January. The March letter called the FCC “an inert toady” for the radio, broadcast TV and cable industries and Chairman Ajit Pai “a textbook poster boy for future scholars of regulatory capture.” Last month, Nader rebuked commissioners for not responding. "This is not good protocol," Nader told the commissioners. "Remember, the agency that you have been entrusted with is called the Federal Communications Commission, not the Federal Stonewalling Commission." In an interview Monday, Nader said TV content is largely “junk” and the FCC let down the public interest by allowing too much advertising and getting rid of regulations that served the public, such as the fairness doctrine. Licensees are taking advantage of public resources in the form of broadcast spectrum and cable licenses, Nader told us. “They’re using our private property!” Nader said. “I respectfully disagree,” O’Rielly said in his response letter. Nader faulted the other FCC members for not responding. He’s waiting for more responses before deciding whether to reply to O’Rielly.
States with their own broadband subsidy programs or partnered with federal programs could face reduced funding opportunities through the Rural Digital Opportunity Fund, after language was added to an order Wednesday, Democratic commissioners told reporters Thursday. Commissioners voted along party lines to approve the order for the $20.4 billion program. Commissioners Jessica Rosenworcel and Geoffrey Starks approved in part and dissented in part.