Wheeler Offers Senators Wide Array of Updates on Remaining Agenda Items

Senate Commerce Committee ranking member Bill Nelson, D-Fla., promised legislation on Next-Generation 911, long after Wheeler first called for Congress to act. “It is time for all of us to do everything that we can to make Next-Generation 911 a reality throughout the nation,” Nelson said. “So I will be introducing in the near future legislation to promote development and deployment of next-generation 911 services and make this transition a success, and I invite my colleagues to work with me, on a bipartisan basis.”

Public safety communications received substantial attention, especially in the testimony from Commissioner Jessica Rosenworcel, as did topics like the ISP privacy rulemaking and its overhaul of business data service rules. Sen. Ed Markey, D-Mass., urged Wheeler to include both items on his next meeting agenda, and Sen. Claire McCaskill, D-Mo., called herself a “cheerleader” for acting on BDS now. Commissioner Ajit Pai noted the importance of ATSC 3.0 and hoped for an NPRM on the matter “no later than the end of this year.” NAB, too, has been pushing for such movement (see 1609150067).

Wheeler admitted a delay in addressing broadband access on tribal lands. “At a previous hearing, I told you this would be taken care of by football season,” he told Sen. Tom Udall, D-N.M. “We’re in football season. We are going to deal with this, sir. We are going to deal with it by the end of football season.” Udall had complained of “appalling” statistics, saying 80 percent of those living on tribal lands lack broadband access.

Wheeler assured Sen. Amy Klobuchar, D-Minn., the FCC is working with telecom companies to educate them by a Nov. 1 deadline about the merits of the new rate of return model and the legacy approach. “The workbook is out,” Wheeler said. “I hope that the workbook is the beginning of the determination of what they need.” Sen. Steve Daines, R-Mont., touted his legislation that would exempt small businesses from the open internet order’s enhanced transparency requirements. Congress “shouted pretty loud” on this, Daines said, eyeing the December expiration of the agency’s current temporary exemption of these requirements.

“It is my hope that by the end of this month, we will have the analysis of the new Form 477 that we have required the carriers to provide us for the first time,” Wheeler told Communications Subcommittee Chairman Roger Wicker, R-Miss. Wheeler disagreed with Wicker that U.S. broadband access mapping is of high, reliable quality. The record “has not been good because of the manner in which the commission collected the data,” Wheeler said, identifying problems with the way the National Broadband Map information initially came from states and then from a third-party firm looking at the census block level. The other element is funding, Wheeler told Wicker. “I am hopeful that by the end of this year, we will have moved a broadband Mobility Fund revision and it’s going to have to make some really tough decisions because there are recipients of our funds today who are serving areas where there is already coverage.”

Sen. Gary Peters, D-Mich., asked about 5.9 GHz bands, the source of much debate over whether it can be shared between its intelligent transportation holders and those who want the spectrum for unlicensed use. “We have just received the equipment from five manufacturers,” Wheeler told Peters. “We are beginning immediately to assess that equipment, its characteristics, its power levels.” He wants to advance the proceeding on to the Department of Transportation and then for testing in a “real-life environment.” It’s “something we’re moving with dispatch on,” he said.

“The Incentive Auction Task Force will soon release for discussion and comment transition models to calculate the order and schedule of station relocation efforts,” Wheeler testified. “These models reflect the input we’ve received from broadcasters, wireless companies, tower crews, equipment manufacturers, and other stakeholders.”

Sen. Roy Blunt, R-Mo., pressed on the details of the media ownership quadrennial review. Wheeler affirmed the FCC would try to abide by the intent of Congress in allowing broadcaster joint sales agreements to be grandfathered even amid the transaction review process. Blunt also pressed on the “new disclosure levels” in station shared service agreements and whether it’s a “step toward regulation.” Wheeler referred to the provisions as an attempt to get good information, but Commissioners Mike O’Rielly and Pai said the provisions were a sign of more regulation to come.

“Based on what we heard at the hearing, members of the FCC and the Commerce Committee clearly ‘get it’ that wireless infrastructure is essential to delivering the benefits of wireless broadband to consumers,” Wireless Infrastructure Association President Jonathan Adelstein said. “A number of senators noted that addressing the barriers to building this infrastructure should be a top priority for the FCC and Congress in the coming months. We are pleased that the Chairman and the Commissioners noted the need to streamline the siting of wireless infrastructure and addressed the need for greater access to federal lands and properties and ‘dig-once’ initiatives.”