Lengthy October FCC Meeting Sees 3 Gomez Dissents; Carr Says November Meeting Doable

Chairman Brendan Carr said Tuesday that the FCC likely has the resources to prepare for and hold an open meeting in November, but he added that it’s unclear what agendas could look like if the federal government shutdown, which marked its 28th day, stretches into December or January. The shutdown is having “negative consequences at the FCC,” including backlogs in equipment authorization and licensing, Carr said. The agency’s consumer complaint portals also aren’t accessible, he noted. It conducted the October meeting using spectrum fees and carryover prior-year funding, along with temporarily bringing in furloughed employees to work on completing specific items. “It is past time to reopen the government,” Carr said.

Gomez said that working on the extensive October agenda without access to her full staff was like playing volleyball with one hand tied behind her back. The shutdown made it hard for stakeholders to weigh in on items due to a lack of staff and uncertainty about availability, she added.

Broadband Labels

The broadband-labeling NPRM proposes doing away with requirements that labels be displayed in online portals, that telephone calls are treated as a point of sale, and that labels be machine-readable and archived for two years. The item also seeks comment on eliminating multilingual display requirements and on other ways to streamline the FCC’s broadband label rules. Carr said the FCC’s existing broadband-label rules departed from the intent of Congress, and the item is intended to refocus them.

Gomez said that though she typically votes for NPRMs, the questions in the broadband-labeling item are so anti-consumer that "I couldn’t bring myself to agree to them." Broadband labels are intended to empower consumers, she said, but Tuesday’s item tells consumers “you don’t need that clarity.” It would make it easier for companies to hide the details of what consumers are paying for, she added.

“The current complex rules have proven to be costly, confusing and difficult for broadband providers to implement," ACA Connects President Grant Spellmeyer said in a statement. "By streamlining broadband label requirements, the FCC can conserve provider resources and reduce customer confusion, while advancing Congress’s goal of ensuring pricing transparency.”

Space Modernization

The space modernization NPRM would set up "a licensing assembly line" for space licensing applications, with the aim being greater predictability and faster reviews of space and earth station applications, said Brandon Padgett, a Space Bureau lawyer. It proposes extending the license terms for most satellite and earth stations to 20 years and moving to a largely nationwide blanket license for earth stations, he said.

Gomez called the space modernization NPRM "ambitious" and welcome. Commissioner Olivia Trusty said it marked "a major leap forward" for the FCC and U.S. leadership in space by adopting a "bold, streamlined system."

"We're going to go big to make sure that the U.S. is the friendliest regulatory environment in the world for space innovators and entrepreneurs," Carr said. The proposed licensing regime would have a "default to yes" framework and ditch "bespoke" licensing processes by using simplified applications and clear timelines, he added.

ATSC 3.0

The ATSC 3.0 NPRM proposes to end simulcast requirements for the new standard and seeks comment on other aspects of NAB’s proposed transition plan. The rules would give local broadcasters “more power and flexibility” in serving their communities, Carr said. In a statement, Consumer Technology Association CEO Gary Shapiro praised the FCC for not proposing a tuner mandate or mandatory transition in the NPRM. “Americans should be able to choose the features they want in their TVs. Innovation thrives when consumers -- not the government -- pick the technology that works best for them.”

Gomez said she strongly supported broadcaster “evolution” and “continued economic viability,” but the proposed 3.0 transition raised “very complicated questions” about consumer access to broadcast TV and increased costs for viewers, MVPDs and equipment manufacturers.

In a release Tuesday, NAB CEO Curtis LeGeyt said that "by moving to eliminate outdated rules, the Commission is clearing the path for broadcasters to better serve viewers with enhanced picture and sound, robust emergency alerts and new interactive features."

Acting Media Bureau Chief Erin Boone told us that the final item incorporates questions from Gomez about the availability of 3.0 tuners and other devices.

UMFUS

The NPRM on upper microwave flexible-use service asks about letting UMFUS licensees and fixed satellite service operators craft voluntary agreements that would promote more intensive use of spectrum in the UMFUS bands. It also asks about revising UMFUS protection criteria, such as changing the cap on earth stations in a county or partial economic area.

The UMFUS NPRM is an application of "big-picture thinking to cut red tape that's throttled satellite infrastructure builds," Carr said. He added that it's increasingly clear that infrastructure reforms are needed to help make more productive use of UMFUS spectrum: the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz and 50 GHz bands. The FCC is confident the NPRM's proposals will help earth stations and 5G terrestrial operators use those frequency bans more intensively "while living side by side in their operations," Carr said.

The Satellite Industry Association applauded the space modernization and UMFUS votes, saying the proposed rule changes "will greatly expedite the licensing process and provide for better utilization of some of the frequency bands available to the industry."

Caller ID

The caller ID NPRM proposes to require terminating voice service providers to send verified caller name information to the called party when they transmit call authentication information, as well as requiring that originating voice service providers verify caller identity information. It also proposes an array of steps related to calls that originate outside the U.S., including making gateway providers mark such calls, requiring that terminating voice service providers transmit to called parties an indicator that a call originated from outside the U.S., and requiring voice service providers to consider whether a call came from outside the U.S. in their analytics used for blocking calls.

Trusty said she hopes "that by giving providers better access to information about these calls, they will be better equipped to respond, including through the use of reasonable analytics to voluntarily block suspicious traffic."

The U.S. government and states have been in a multi-decade effort to fight illegal robocalls, but it's often been a Whac-a-Mole strategy, Carr said. The NPRM is part of "a different approach" that looks at every point in the life cycle of an illegal call, he said, and the result should be that consumers have more choice over which calls they pick up. The agency wants to make it harder for foreign-originated calls to get through, such as by deterring use of U.S. area codes and allowing increased blocking, Carr added, and if more call center activity gets onshored, all the better.

Gomez said she got changes made to the item, including retention of consumer protection rules.

Wireless Rules

The wireless direct final rule would delete almost 400 rules unless the FCC receives significant objections within 20 days. Gomez similarly dissented on past DFR items. The rules in question are largely obsolete, said the Wireline Bureau’s Joel Taubenblatt, including maritime regulations, outdated license rules and those governing radio printers.

Gomez condemned the agency for giving the public just 20 days to review nearly 400 rules and said her request to extend the time frame to 45 days was rebuffed. The final order was changed to remove two of the targeted rules after trade groups flagged them (see 2510220046).

IP Interconnection

The IP interconnection NPRM proposes to sunset incumbent local exchange carriers' interconnection obligations on Dec. 31, 2028, and seeks comment on ways that the FCC can help a transition to all-IP interconnection for voice services. It also seeks comment on how eliminating the incumbent LEC-specific interconnection regulatory framework may affect other statutory frameworks or commission rules, and whether the Commission should revisit any other provisions or rules that are made redundant by eliminating incumbent LECs’ interconnection obligations.

“This is one of those sleeper items” that will pay big benefits long-term as the FCC has been trying to push communications networks out of the copper era, Carr said.

While there's general agreement in favor of moving to all-IP interconnection, less clear is why key interconnection points still use time division multiplexing technologies to exchange traffic, Gomez said. Large incumbent LECs say removal of the rules will let them negotiate all-IP interconnection agreements, but smaller, more rural LECs say ILECs aren't willing to negotiate IP traffic exchanges with them, she said. There's some opacity around the competitiveness of the wholesale carrier-to-carrier market that interconnection facilities are a part of, she added. She also noted that she got questions put into the NPRM about supposed bottleneck wholesale facilities.

In a statement, USTelecom CEO Jonathan Spalter applauded what he called "a smart, consumer-first action rooted in the realities of modern-day networks." Advancing IP interconnection "will accelerate the transition away from costly legacy infrastructure, ensuring consumers everywhere will have access to resilient, secure, efficient and innovative next-gen networks. IP-based networks mean a strengthened ability to go after robocallers and scammers, as well as better public safety features like enhanced access to 911 and other critical services."

Equipment Authorizations

The equipment authorization order bars authorization of any device that includes the modular transmitter when that modular transmitter is itself covered equipment, said FCC Office of Engineering and Technology Associate Chief Jamie Coleman. It also limits previous authorizations of covered equipment to prohibit continued importation and marketing without prohibiting continued use of such devices, with the aim being to stop the continued flow of already authorized covered equipment devices into the U.S. and its communications supply chain while letting the FCC take a targeted approach, she said. In addition, the order clarifies that the FCC's prohibition on authorization of covered equipment extends to modifications of previously authorized equipment and equipment that would become covered as a result of a modification, she said. The accompanying NPRM would seek comment on whether the FCC should prohibit authorization of equipment that includes other components beyond modular transmitters, she said.

Both Carr and Trusty said the order closes potential loopholes in the FCC equipment authorization process.

In a statement after the vote, Hikvision criticized the FCC for extending its equipment authorizations to the importation and marketing of previously authorized models. "Retroactively curtailing lawful authorizations exceeds the scope of the Secure Equipment Act and the FCC’s authority," it said. The order isn't based on any product-specific evidence, "and the FCC’s decision will impose unnecessary harm on U.S. communities and small businesses that rely on safe, compliant, and already authorized security systems." Hikvision said it's "evaluating all legal options to ensure that the rule of law and the needs of our customers are respected."