The FCC Wireline Bureau on Monday issued an order that gives certain carriers additional six-month extensions on deadlines to remove Huawei and ZTE components from their networks to comply with the rip-and-replace program. Congress recently provided additional funding for the FCC’s Secure and Trusted Communications Networks Reimbursement Program, providing $3.08 billion to close the funding gap (see 2412240036). The order highlights problems providers face beyond funding. Gogo Business Aviation, which in October updated the commission on its struggles to complete work (see 2410040028), received an extension from Jan. 21 to July 21. The bureau said it found Gogo’s complaints persuasive. “Rather than rely on commercial off-the-shelf parts and equipment, Gogo states that much of its replacement ground network will rely on newly developed software and hardware that require lab testing and FCC equipment authorization,” the order said: “However, Gogo’s ground-based equipment vendor is continuing to face delays from component manufacturers due to long lead times, which affects the delivery of replacement network equipment at scale.” Northern Michigan University (NMU) received an extension from Jan. 20 to July 20. “NMU states it has experienced significant delays in replacing customer premises equipment units because multiple deliveries of those units contained a high percentage of defective equipment and therefore had to be re-shipped months later.” The units also “require software updates from the manufacturer before NMU can begin mass testing and deployment.” Alaska’s Copper Valley Wireless received an extension from Jan. 21 to July 21 after complaining about the lack of tower construction crews in the state. Copper Valley “adds that delivery of equipment to Alaska requires the use of long and multiple modes of transport to reach remote sites, which further delays progress when construction seasons are so short,” the order said. The extension for Flat Wireless is from Jan. 14 to July 14. It told the FCC the funding shortfall “limited its deployment efforts, which has resulted in delays and additional costs that have necessarily extended its project timeline beyond the current term expiration date.” Hargray Communications was granted an extension from Jan. 13 to July 13 after complaining of problems obtaining nondefective gear and accessing private property to install it. LigTel Communications got an extension from Jan. 22 to July 22 after complaining of supply chain issues, and Pine Belt Cellular, an extension from Jan. 17 to July 17. Pine Belt cited “delays involving key hardware needed to replace the core of its network, as well as delays in obtaining the experienced skilled labor necessary to work on both the core and the radio access network.” Other carriers getting extensions, and the revised deadlines were: Nemont Telephone Co-op (Aug. 26), Santel Communications Co-op (July 25), Union Telephone (July 6-15 for parts of its network) and Windy City Cellular (July 27).
USTelecom, NCTA and the Wireless ISP Association separately opposed Fine Point Technologies' request (see 2411270048) that the FCC launch a rulemaking on standardized broadband speed testing protocols. Comments were posted Monday in RM-11991 in response to a Consumer and Governmental Affairs Bureau inquiry.
The FCC Wireless Bureau and Office of Economics and Analytics sent letters to T-Mobile and UScellular on Friday asking a battery of questions about their proposed transaction. Responses are due not later than Jan. 17. The T-Mobile letter explores in depth the carrier's arguments made in a September public interest statement (see 2409160029) and an accompanying declaration from Ankur Kapoor, T-Mobile's chief network officer.
Incompas and its members “generally support” Verizon’s proposed acquisition of Frontier, but with conditions, the group said in a reply comment posted Thursday in docket 24-445. Verizon and Frontier this week urged approval without conditions (see 2412240028). Incompas members are concerned about ensuring that business data services (BDS) the applicants offered “are provided to competitors at just, reasonable and not unreasonably discriminatory rates, terms, and conditions,” the filing said. Incompas also supports a request by the Coalition for IP Network Transition, which said the FCC should approve the deal only if the companies agree that they will “interconnect with all other carriers” on an IP basis (see 2412100021). Incompas is “unwilling to concede to the Applicants’ assertions that the transaction will not result in competitive harms, particularly with respect to the impact pricing decisions associated with business data services and more traditional time division multiplexing services, such as DS1s and DS3s, will have on competitive providers,” the filing said: “According to our members, Frontier currently charges significantly more for its high-capacity BDS connections, including DS1, DS3, and 10-mile circuits.” A competitive LEC, Teliax stressed the importance of an IP connection requirement. “Pre-merger, the Applicants have extended IP interconnection to some but not all interconnecting carriers,” Teliax said: “Should the FCC approve the proposed combination, the FCC should expect that the combined company will continue to use its newfound scale to delay the full transition to IP interconnection, thereby extending intercarrier compensation revenues tied to TDM networks.”
For her final meeting, FCC Chairwoman Jessica Rosenworcel appears poised to follow an approach closer to that of former Chairman Tom Wheeler at the end of the Obama administration than of Ajit Pai when the first Donald Trump presidency concluded. Rather than scheduled votes, the Jan. 15 open meeting will feature commission staff leading four presentations (see 2412230045).
Four major trade associations urged that the U.S. Supreme Court reject arguments that a lower court can review an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. That view largely supports U.S. government arguments on the important role the act plays (see 2412240022). SCOTUS is scheduled to hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.
Verizon and Frontier urged the FCC to move forward on their $20 billion all-cash deal announced in September (see 2409050010). Verizon is buying the smaller provider. “No parties have opposed the Transaction, identified any public interest harms, or otherwise contested whether it will bring myriad benefits to consumers across the country,” the companies said in a filing posted Tuesday in docket 24-445. They called on the FCC to reject proposed conditions that the Communications Workers of America, Intrado Life & Safety and the Coalition for IP Network Transition requested (see 2412100021). The proposed conditions are “unfounded and contrary to law,” the filing said. None are “'transaction-specific’ but instead merely consist of the ‘wish lists’ of parties who seek industry-wide reforms that are more appropriately pursued in separate rulemaking proceedings.” The requests “fly in the face” of precedent for both the FCC and U.S. Court of Appeals for the D.C. Circuit. The companies’ October public interest statement (see 2410160049) “explained how the Transaction will increase the reliability of Frontier’s network, improve the customer experience, and bring enhanced benefits to local communities within the Frontier footprint,” they added: “No commenter disputes these benefits.” The filing sought quick FCC action, citing the FCC’s 2017 approval of CenturyLink's buy of Level 3. The filing cited the comments of Commissioner Brendan Carr, tapped as the next FCC chair. “I am … glad that the standard of review and public interest framework in today’s decision make it clear that this Commission will be adhering to the Communications Act and longstanding FCC precedent as it reviews proposed transactions.” In addition, Carr said transaction approvals shouldn’t “extract extraneous concessions from parties.”
The U.S. government, in an amicus brief filed Monday, asked the U.S. Supreme Court to reject arguments that a lower court can parse an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. SCOTUS will hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.
AT&T said Monday the FCC approved its proposal to to initially stop new sales and then discontinue residential local service in nine Oklahoma wire centers. The proposal was deemed granted Saturday after the agency didn’t take further action. The Communications Workers of America slammed the development.
The Government Wireless Technology & Communications Association (GWTCA) and state groups asked the FCC to delay a requirement that current 4.9 GHz licensees provide it with granular licensing data not later than June 9, or face cancellation of their licenses. Proponents of the delay were optimistic on Monday that the FCC would approve the stay.