Two top Senate Republicans told us they expect language aimed at hindering Ligado’s L-band plan rollout to make it into a conference version of the FY 2021 National Defense Authorization Act currently under negotiation. What it will ultimately look like remains uncertain. The House and Senate passed NDAA versions (HR-6395/S-4049) earlier this year that included anti-Ligado provisions (see 2007200052). Iridium, National Emergency Number Association and other critics of the proposal urged leaders of the Armed Services committees to push for all Ligado language from the two versions to be kept in a combined NDAA bill.
Dish Network still has de facto control over SNR Wireless and Northstar Wireless. The two designated entities remain ineligible for $3.3 billion in DE bidding credits they sought for licenses they won in the AWS-3 auction. They don't owe the FCC that amount, having defaulted on 197 licenses and paid full price for the remaining spectrum they won in the 2015 auction. That's according to an order on remand Monday by the full commission regarding the U.S. Court of Appeals for the D.C. Circuit upholding in 2017 the FCC's denial of AWS-3 auction bidding credits to the DEs but giving them a chance to negotiate a solution (see 1708290012).
Citing uncertainties in a “historic” year marked by the COVID-19 pandemic, an “emotional” election period and social unrest, National Retail Federation CEO Matthew Shay forecast a rosy 3.6%-5.2% year-on-year holiday sales season lift to $755.3 billion-$766.7 billion, on a Monday call. Retail had “robust consumption” over the past six months, Shay said, and consumers are “excited about the holidays.” Sales for the Nov. 1-Dec. 31 period last year grew 4% to $729.1 billion.
The FCC must respond to the National Lifeline Association and Assist Wireless’ emergency motion by 4 p.m. Tuesday. The motion asks the U.S. Court of Appeals for the D.C. Circuit to block the Wireline Bureau's Lifeline minimum service standard order (see 2011190054), said an order from the court Friday (in Pacer). The case was assigned to a panel of Judges Patricia Millett, Neomi Rao and Cornelia Pillard, the order said. Any reply to the FCC’s filing is due Wednesday, the order said. NaLA’s motion asked the court to rule by Nov. 30, before a Dec.1 MSS increase from 3 GB a month to 4.5 GB.
The FCC must respond to the National Lifeline Association and Assist Wireless’ emergency motion by 4 p.m. Tuesday. The motion asks the U.S. Court of Appeals for the D.C. Circuit to block the Wireline Bureau's Lifeline minimum service standard order (see 2011190054), said an order from the court Friday (in Pacer). The case was assigned to a panel of Judges Patricia Millett, Neomi Rao and Cornelia Pillard, the order said. Any reply to the FCC’s filing is due Wednesday, the order said. NaLA’s motion asked the court to rule by Nov. 30, before a Dec.1 MSS increase from 3 GB a month to 4.5 GB.
Frontier Communications promised to pay more when it fails to quickly resolve outages in California. Its Wednesday brief at the California Public Utilities Commission also promised more fiber, to get clearance of its bankruptcy reorganization in docket A.20-05-010. Frontier pledged a plan to improve its performance restoring outages within 24 hours, and for three years will double how much it pays or invests when it fails to meet the state standard. The CPUC currently requires carriers that miss metrics to pay a fine or promise to invest twice as much as the penalty. If the telco faces a “penalty of $1.2 million, Frontier will pay $2.4 million in a penalty or propose an investment of $4.8M in lieu of the penalty,” the carrier explained. Frontier would also provide a $5 daily customer credit for outages lasting longer than one day, it said. It promised to bring fiber-to-the-premise to at least 150,000 more California locations within four years and to fulfill commitments from a 2016 settlement on buying Verizon assets, including to expand broadband to 840,000 locations by end of 2022. The Communications Workers of America, The Utility Reform Network (TURN) and the CPUC’s Public Advocates Office (PAO) urged conditions. CWA sought conditions requiring Frontier maintain current California workforce, reduce reliance on outside contractors and develop an enforceable service improvement plan that includes expanding broadband. TURN proposed pricing and broadband buildout conditions. The consumer group said the CPUC should require the company to invest in upgrading networks with poor service quality and to increase speed and performance of existing and planned broadband deployments. PAO sought conditions on jobs, broadband deployment and service quality, including to increase workforce numbers to at least meet Frontier's national ratio of customers-to-employees in three years and to require 25/3 Mbps for certain areas. Reorg is necessary to comply with broadband commitments in the telco's 2015 pact with the California Emerging Technology Fund, cautioned CETF.
Verizon and T-Mobile urged light-touch regulation in replies on an NPRM commissioners approved in July (see 2007160045) on potential changes to telecom service priority (TSP) and wireless priority service (WPS) rules. Comments “reflect a broad recognition that the Commission should preserve today’s reliance on negotiated commercial agreements between providers and [the Department of Homeland Security], and continue to apply the light regulatory touch already governing the IP-enabled services [National Security and Emergency Preparedness] users demand,” Verizon said. Rules should define DHS program administration responsibilities “to ensure that countervailing DHS rules or guidelines do not compromise the Commission’s light regulatory touch for IP-enabled services,” the carrier said: “Commenters recognize that prescriptive technical and operational requirements governing the implementation of priority and preemption capabilities are unnecessary.” T-Mobile said a "light touch" approach “where the details of carriers' priority service offerings are determined predominantly by contract better allows industry to meet the specific needs of … users and creates a flexible regulatory environment that will encourage innovation.” Rules should “ensure that carriers providing Title II services remain insulated from any potential violations of the Communications Act when affording those services priority treatment” and “ensure that priority service users are treated consistently across networks,” T-Mobile said. No one else filed replies in docket 20-187.
The National Lifeline Association and Assist Wireless asked the U.S. Court of Appeals for the D.C. Circuit for an emergency stay of Monday’s FCC Wireline Bureau order (see 2011170064) raising the Lifeline broadband minimum service standard to 4.5 GB a month. The motion and petition for writ of mandamus (in Pacer) were filed Thursday. The MSS increase from 3 GB to 4.5 GB would take effect Dec. 1, and the emergency motion seeks a ruling on the stay by Nov. 30. The stay request asks the court to block the Dec. 1 increase until it can rule on the accompanying petition for writ of mandamus, which seeks to compel the FCC to act on petitions for reconsideration against the 2016 order that established an automatically increasing MSS. “Absent Court action to force the FCC to render a decision on the 2016 Order reconsideration petitions, [eligible telecommunications carriers], low-income consumers, and the public interest will suffer irreparable harm,” said the petition. NaLA’s filings argue the FCC is dragging its feet on the recon petitions, that allowing the Dec.1 increase will cause a great deal of harm during the pandemic, and that reasoning for the MSS order is arbitrary. Though Monday’s order was enacted at the bureau level and would normally be appealed to the full commission before the courts, NaLA said that would be “futile” because of the looming deadline and the agency’s decision to increase the MSS. The FCC didn’t comment.
Cordell Hull, who has led the Bureau of Industry and Security for the last year (see 1911180040), will resign next month ahead of the incoming Joe Biden administration. His last day will be Dec. 4, a BIS spokesperson said. “I am proud of what we have achieved on important issues of national security at BIS and I have decided to look for the next challenge in the private sector,” Hull said in a Nov. 19 statement. “I am grateful to Secretary [Wilbur] Ross for giving me this opportunity to serve.”
The Senate Commerce Committee advanced on voice votes Wednesday the Internet Exchange Act (S-1166), Ensuring Network Security Act (S-4472), Beat China by Harnessing Important, National Airwaves for 5G Act (S-4803) and Space Preservation and Conjunction Emergency Act (S-4827). The Senate Indian Affairs Committee approved the Bridging the Tribal Digital Divide Act (S-3264) with an amendment requiring the FCC to open a new priority window for tribes to apply for 2.5 GHz licenses that lasts at least 180 days. The deadline closed Sept. 2 after a 30-day extension (see 2007310027). Other lawmakers also sought extensions (see 2010150046). S-3264 would create a Tribal Broadband Interagency Working Group to improve coordination across federal broadband programs and set aside FCC and Agriculture Department funds for tribal broadband deployments. Public Knowledge Senior Policy Counsel Jenna Leventoff praised the 2.5 GHz amendment to S-3264, saying it’s “one small way Congress and the FCC can fulfill their commitment to Tribes. Doing so is the first step to addressing the inequities of this underserved population: It will give Tribes an actual chance to secure broadband access.” Competitive Carriers Association CEO Steve Berry hailed advancement of S-4472, which would expand eligibility for funding to help U.S. communications providers remove Chinese equipment determined to threaten national security (see 2008120030). The measure “clearly recognizes the importance of addressing national security threats and providing sufficient funding,” Berry said. “The reimbursement program is an absolutely essential component.”