FCC draft rules for the $14.2 billion affordable connectivity program were widely welcomed as more consumer protection provisions were included and several ACP changes were made to reflect challenges seen during the emergency broadband benefit program, industry and advocacy groups told us. Some sought minor changes to rules governing participating providers and connected devices. Rules must be finalized by Friday as required by the Infrastructure Investment and Jobs Act.
The Oklahoma Corporation Commission is open to renewing, at least temporarily, an interim change to the state USF contribution method. At a livestreamed meeting Tuesday, OCC members reviewed the state’s November’s shift to a connections-based mechanism. Commissioner Todd Hiett reserved his right to support moving back to revenue-based reporting if he doesn’t see progress on legislative changes.
If not properly tailored, export controls on brain-computer interface (BCI) technologies could stifle U.S. competitiveness and slow academic research, tech companies and universities told the Bureau of Industry and Security in comments released this month. While some commenters said certain narrow, multilateral controls may be feasible, others said BIS should avoid controls altogether to avoid impeding U.S. innovation.
The FCC released draft rules for the affordable connectivity program Friday, with few changes for providers and guidance for emergency broadband benefit households transitioning to the new program. Chairwoman Jessica Rosenworcel released the draft for feedback "given the importance of this program to consumers," she said: “Congress gave the FCC a very short window to stand up" the ACP "and working with a hyper-accelerated schedule during the holidays, we’ve proven that we are up to the task with this draft." The FCC wouldn't adopt a uniform opt-in requirement for EBB households transitioning to ACP but instead offer a "hybrid approach." Households that wouldn't experience a bill change wouldn't be required to opt in. Those with a "willingness and an ability to pay for broadband" would need to provide consent if they may end up with a bill due to the benefits drop. Households that haven't said they would or could pay must opt in. The draft would keep the same definition of "household" used in Lifeline and EBB. Household eligibility was updated to meet certain statutory changes. Recognizing some eligible households "may experience difficulty accessing or navigating the National Verifier on their own, and may require assistance to complete and submit an application," the draft would require the Wireline Bureau and Universal Service Administrative Co. to do a "one-year test pilot for granting trusted access to the National Verifier for purposes of assisting customers with applying" for ACP. Few changes would be made to the requirements for providers. Providers would need to establish that they offer broadband services to end users before seeking to participate, rather than before December 2020. The FCC was "persuaded by comments not to collect broadband internet service plan information during the election process," the draft said. Similar to the Lifeline program, providers would be prohibited from offering or giving enrollment representatives or direct supervisors compensation based on the number of households that apply or enroll in ACP. The draft cites a recent Office of Inspector General advisory raising concerns about potential misconduct by sales agents. Non-usage de-enrollment rules would mirror the Lifeline program's rules. The FCC received a mixed response on whether "any internet service offering" should include legacy and grandfathered plans. The final rules would include those plans and any that a provider "currently offers to new customers." It further clarified that the requirement "does not require that providers offer such legacy or grandfathered plans to other customers, including ACP-eligible customers, that are not already on such plans." Providers would have 60 days after the final rules are published in the Federal Register to complete any necessary changes to ensure ACP can be applied to "all generally available and currently sold plans." Providers would also be allowed to include taxes and other government fees in the "actual amount charged to a household." The draft would not impose minimum service standards. Smartphones and cellphones would still be excluded. Providers are allowed to perform credit checks only if it's unrelated to the program. Providers would be prohibited from upselling or downselling services. A Further NPRM would also seek comment on implementing an up to $75 enhanced monthly benefit for households in high-cost areas and how to establish its outreach grant program. Comments would be due 30 days after FR publication, 45 days for replies, in docket 21-450. Also released Friday was a public notice allowing ex parte presentations until Jan. 11. Presentations must be filed by Jan. 12.
In their first official statements at the Bureau of Industry and Security, the agency’s two newest export control officials singled out China and Russia and said they plan to prioritize enforcement work involving human rights.
The omicron variant is the latest test for already stretched-thin 911 centers managing with the COVID-19 pandemic, emergency call officials told us last week. Public safety answering point (PSAP) professionals said staff taking sick leave is the main challenge. PSAPs are more prepared than they were at the beginning of the pandemic but are also experiencing higher-than-normal staffing issues amid a national trend of workers quitting jobs in the “Great Resignation,” said National Emergency Number Association (NENA) 911 and PSAP Operations Director April Heinze in an interview.
An FCC report showing a bump in 911 fee diversion in 2020 frustrated former Commissioner Mike O'Rielly and the National Emergency Number Association (NENA). The agency reported that some states diverted more than $207 million in 2020. Don’t adopt a safe harbor or grace period to comply with the fee diversion order, said CTIA in comments posted Friday in docket 20-291 (see 2112210037). CTIA opposed petitions for reconsideration from Colorado’s Boulder Regional Emergency Telephone Service Authority and City of Aurora 911 Authority, saying the requests would “undermine Congress’s intent.”
The Bureau of Industry and Security again renewed its temporary export control on certain artificial intelligence software as it prepares to make the classification permanent, BIS said in a notice. The temporary control -- first issued in January 2020 (see 2001030024), extended last year (see 2101050018) and renewed for a second time this week -- placed unilateral restrictions on geospatial imagery software by adding it to the 0Y521 Temporary Export Control Classification Numbers Series. The latest one-year renewal is effective Jan. 6.
President Joe Biden’s renominated Democratic picks for vacant FCC and FTC slots remain unlikely to get much, if any, Republican support amid ongoing misgivings over both nominees, Senate Commerce Committee ranking member Roger Wicker of Mississippi told us Tuesday. Biden renominated Gigi Sohn to the FCC and Alvaro Bedoya to the FTC earlier in the day, as expected (see 2201030056). Wicker believes NTIA administrator nominee Alan Davidson will have a far easier path forward, despite the chamber’s failure to quickly advance him last month. Senate leaders agreed to carry over Davidson's nomination from last year, aides confirmed.
The 2021 nationwide emergency alert system test showed improvement over the 2019 version, but difficulties with primary entry point stations and low participation by low-power broadcasters affected the results, the FCC reported last week on the Aug. 11 test. The agency also issued a report on the simultaneous wireless emergency alert test (see 2112300045).