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Poles, 5G, Lifeline, ICS Eyed

Industry, Advocacy Groups Welcome Clyburn Action Plan, Offer Suggestions

Industry parties, public interest groups and others offered generally favorable comments and recommendations on FCC Commissioner Mignon Clyburn's action plan for ensuring affordable communications access and other objectives. Wireless, wireline and satellite entities urged various actions and incentives to promote broadband deployment and adoption. A host of civil rights and consumer groups backed inmate calling service reforms and other initiatives.

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Clyburn did a listening tour last year and issued a draft #Solutions2020 Call to Action (see 1604140052, 1610040020 and 1611100027). The FCC in December sought comment on her draft plan, which seeks to ensure affordable communications, empower communities, develop 5G and beyond for all Americans, enhance consumer protection, utilize broadband to improve health services, and promote media diversity (see 1612190047). More than two dozen comments were posted this week on Clyburn's Call to Action webpage, with some also filed in different proceedings such as the Lifeline USF docket 11-42.

We expect to share next steps in the coming weeks," said an email Thursday from Clyburn's office. The offices of Republican Commissioners Ajit Pai and Michael O'Rielly, who will soon become the FCC majority, didn't comment.

CTIA strongly supports the goal of delivering affordable, diverse and competitive communications services to all Americans," it commented. It urged the FCC to: "Streamline the permitting process for wireless infrastructure siting, including by adopting the proposals outlined in the recently released Small Cell Notice; and encourage state and local governments to adopt pole attachment and right-of-way policies (including for municipal and co-operative utilities) that ensure nondiscriminatory access, mandatory timelines for action, just and reasonable rates, and an effective complaint process.”

The Wireless Infrastructure Association backed streamlined pole attachment rules, which it said would promote the deployment of advanced distributed antenna systems and small cell networks. Incompas also commented: "It is critical that federal, state, and local regulatory agencies work to facilitate access to rights-of-way and infrastructure, such as conduit and poles. Reform of these rules is necessary because current make-ready processes do not allow affordable, timely, or efficient construction of competitive networks." Next Century Cities and the City and Council of San Francisco addressed pole attachments from a municipal perspective (here and here).

The Competitive Carriers Association applauded Clyburn and generally supported her efforts. CCA offered some targeted suggestions to advance 5G by helping pass the Mobile Now Act, identifying new spectrum bands for licensed use, and promoting tower/infrastructure siting and rural deployment. The Lifeline Connects Coalition made recommendations for improving the low-income broadband/telecom subsidy program, including by allowing sponsored data plans.

USTelecom also lauded Clyburn's work to better serve the telecom market. "Incenting investment in fiber and IP technologies, reducing costs and streamlining the acquisition and use of rights-of-way, removing outdated regulations that do not serve consumers but instead serve only to reduce competition and innovation will all help accomplish this forward-looking agenda," the incumbent telco group commented. NTCA urged the FCC to focus on ensuring its high-cost USF program is "properly functioning and properly sized and coordinated with Lifeline and E-rate programs such that each program can complete its vital universal service mission." Satellite provider Hughes Network Systems welcomed Clyburn's plan but said it "should embrace the diversity of solutions available to connect America and ensure that any final frameworks incorporate the principles of technology neutrality, as well as fair and non-discriminatory access to spectrum.”

Advocates for inmates and their families backed the plan's "call for ‘real competition’ and ‘reasonable rates in ICS and video visitation services,’ as well as the abolishment of 'kickbacks to correctional facilities.'" The Wright Petitioners, Prison Policy Initiative, New Jersey Advocates for Immigrant Detainees and United Church of Christ also supplied detailed information on current rates charged by ICS providers.

The Prison Policy Initiative and a number of other ICS advocates also made filings providing recommendations and information, available on Clyburn's action plan webpage. The Leadership Conference on Civil and Human Rights recommended defending the FCC's ICS rate caps, keeping existing media ownership restrictions, instituting a minority tax credit, rapidly implementing Lifeline changes, ensuring ample access to unlicensed spectrum, and prohibiting "forced arbitration" and adopting "policies to prevent bill shock.”