Monica Hogan

A draft FCC NPRM on wireline phone charges is stirring some industry concerns, stakeholders said. Small, rural LECs may have different interests than ILECs owned by national companies in a proposed FCC rule to change the way wireline voice services are billed, said NTCA Senior Vice President-Industry Affairs and Business Development Mike Romano in an interview. Commissioners vote Tuesday on a draft NPRM on docket 20-71 to determine whether the agency should prohibit telcos from assessing certain access charges as separate line items once the FCC mandates they're detariffed (see 2003100065).

Improving rural broadband access is critical to protecting and sustaining the national food supply, the FCC Precision Agriculture Task Force was told at Wednesday's online meeting. The COVID-19 pandemic will help the PATF identify "where we are strong and where we are weak" on connectivity, said group Vice Chair and Pioneer Communications CEO Catherine Moyer.

The FCC should rule it has authority to impose caps in ancillary fees for inmate calls because they can't be jurisdictionally segregated between interstate and intrastate calls, advocates said in filings posted through Monday in docket 12-375. Worth Rises, the Prisoner Policy Institute and others jointly want quick action due to a "record of rampant abusive charges" by inmate calling service providers. They questioned ancillary fees including for automated payment, live agent, third-party financial transaction and paper bill, saying the charges can increase the costs of phone calls from inmates as much as 40%. "If the Commission does not sustain its previous actions to rein in excessive ICS ancillary service charges, ICS providers will simply return to their old habits, exacting the same outsized payments through different, evolving mechanisms and loopholes," said Pay Tel Communications. Securus doesn't "believe the Commission can reach any conclusion regarding the application of these caps as a generic matter," it said, "since the jurisdiction of any given payment transaction depends on the specific circumstances." Global Tel*Link argued against a one-size-fits-all approach.

All stakeholders can pitch in to help low-income Americans get internet access during COVID-19, a Broadband Breakfast webcast was told Monday. "You still have people in Congress who don't believe broadband is essential here," said Public Knowledge Senior Vice President Harold Feld. He wants a federal stimulus bill to include $50 monthly broadband subsidies to every residence, payable directly to ISPs, while residents are advised to shelter in place. He said it would help consumers who received pink slips and rural broadband providers struggling to stay afloat. National Digital Inclusion Alliance Executive Director Angela Siefer said such a plan would help the 18 million without broadband access. She said it would help people stay home to keep from spreading the virus. Delano Squires, program manager for Connect.DC, warned against relying too much on the federal government, which "can put states in a very vulnerable position." Public schools, libraries, community colleges and other anchor institutions should keep Wi-Fi open to the public even though most of those facilities are closed, said Jeff Sural, director of the North Carolina Department of Information Technology's Broadband Infrastructure Office. The American Library Association is encouraging members to do so. In a public notice Monday in docket 13-184, the Wireline Bureau clarified schools and libraries that accept E-rate support can open Wi-Fi networks for public use on their campuses while they're closed during the outbreak.

ILECs failed to prove ending their avoided cost resale of unbundled networks would "speed the deployment of advanced networks," Incompas replied, in filings posted through Monday in docket 19-308. The CLEC group wants the FCC to refrain from forbearance (see 2002060006). USTelecom wants the FCC to implement its proposal to eliminate "outdated and unnecessary unbundling regulations" that had required incumbent LECs to open their networks to competitors, it said. The record "strongly supports eliminating UNE DS1 and DS3 loops in all price cap areas," AT&T said. The forbearance proposal would hurt CLECs' ability to compete, said the National Association of State Utility Consumer Advocates. "Eliminating CLEC access to the DS1 and DS3 loops would impair the ability of CLECs to serve all customers in an area, and cause customers to lose important competitive options." Since comments were filed Feb. 5, "the coronavirus has elevated considerations of public safety to an even greater importance," the Michigan Internet and Telecommunications Alliance said. "Commission use of data that is widely recognized as flawed for determining access to DS0 loops would not constitute sound policy decision-making," CLEC Sonic Telecom said. The FCC "cannot simply transplant findings and analysis from the Business Data Services ('BDS') proceeding to this one," said Uniti Fiber.

The FCC should act immediately to ensure low-income Americans have telecom services they need as they practice social distancing during the COVID-19 outbreaks, said National Consumer Law Center attorney Olivia Wein. The FCC should require all Lifeline providers offer unlimited texting and voice minutes, she said, to help prevent unintentional spread of the virus. Low-income seniors have arrived at healthcare centers without calling ahead when worried about using their minutes in Lifeline plans with monthly caps, she told viewers of a Broadband Breakfast livestream video Wednesday. Wein wants the FCC to use emergency authority to allow noneligible telecom carriers to provide broadband under Lifeline. “We’re looking into ways that Lifeline can be helpful in the public health response,” Commissioner Geoffrey Starks emailed. Commissioner Jessica Rosenworcel emailed that Lifeline can help the most vulnerable stay connected during this crisis, and the FCC can help by expanding minimum service standards and simplifying enrollment. The agency declined to comment.

The FCC Wireline Bureau waived gift rules through Sept. 30 for the E-rate and Rural Health Care programs to help schools, libraries and healthcare providers better respond to COVID-19 outbreaks, in an order Wednesday on docket 02-60 (see 2003180048). Waivers in the healthcare program are limited to providers involved in screening and treatment of COVID-19 or mitigating its spread, the order said. The E-rate waiver is limited to eligible entities adjusting to school or library closures due to COVID-19, regardless of the USF program's funding year. The FCC will monitor whether extensions are needed. “By waiving certain FCC rules today, we are giving service providers the chance to step up and give health care providers more tools to fight the ongoing pandemic and serve patients more effectively," Chairman Ajit Pai said. He encouraged "service providers and equipment makers to partner with schools and libraries to provide mobile hotspots and other broadband-enabled devices to students to help bridge the digital divide during the coronavirus pandemic." Such efforts could complement the agency's work with Congress to appropriate funds for a remote learning initiative and a COVID connected care pilot, Pai said, adding such programs would allow the agency to use federal funds to support in-home equipment for patients and students affected by the pandemic. The agency's Connected Care pilot remains in the rulemaking stage, and it sought comment on whether the program should subsidize patient monitoring equipment and broadband to the home (see 1906190013). Commissioner Jessica Rosenworcel called the gift waivers a smart step. "But let’s not confuse generosity for justice," she said. "We need a national plan to ensure that everyone is connected during these unprecedented days." She wants the FCC to use its "universal service powers" to provide hotspot loans to students caught in the homework gap, and connectivity for telehealth services to support treating coronavirus patients and those quarantined. Stakeholders for USF programs supporting anchor institutions expect a spike in telehealth (see 2003060036) and online learning (see 2003170014) this year. The Schools, Health & Libraries Broadband Coalition asked the FCC to waive the gift rules, in a letter Tuesday (see 2003170014). The gift ban was in place to prevent undue influence in the competitive bidding process, SHLB Executive Director John Windhausen told us. SHLB views this as "a timely step,” he emailed Wednesday. “The coronavirus is putting online learning and telemedicine in high demand ... We hope the FCC will continue to be proactive.”

The FCC should act quickly to help school districts give students the devices and connectivity they need to learn online while schools are closed due to COVID-19 outbreaks, educational technology stakeholders said in recent interviews. An estimated 6 million to 12 million K-12 schoolchildren don't have residential broadband. Some school districts are postponing online classes until all their students can be connected.

Puerto Rico has much to share about resiliency, FCC Commissioner Geoffrey Starks said in a recent interview after he returned from a field hearing (see 2002260041). "There has not been a network or a people that has been as tested," he said of the hits they took from Hurricane Maria in 2017 and from earthquakes more recently.

The U.S. Court of Appeals for the D.C. Circuit dismissed Irregulators v. FCC, case no. 19-1085 (in Pacer), Friday for lack of standing (see 1909130005). It dealt with an FCC order that extended a freeze on rules allocating most telecom costs to intrastate rather than interstate services. The D.C. Circuit also ordered the clerk to withhold the mandate "until seven days after disposition of any timely petition for rehearing or rehearing en banc." Scott McCollough, attorney for the petitioner, doesn't anticipate a rehearing, he told us. "We are declaring victory," he said, quoting the court order that states have jurisdiction to "assert their jurisdiction" in cost assignment rules. "We had one goal in mind because we realize the FCC is a lost cause when it comes to getting reasonable rates, especially for price cap carriers," McCollough said. He said "states can now go in and do the kind of cost accounting necessary." At a hearing in January, McCollough said the Irregulators were prepared to lose the case on its merits as long as the FCC spelled out that they are free to determine their own interstate price formulas (see 2001170022). "We are pleased with the D.C. Circuit's decision not to disturb the jurisdictional separations freeze," an FCC spokesperson emailed. The three judges signed onto the ruling, including Senior Circuit Judge Stephen Williams writing the opinion, and Circuit Judges Judith Rogers and Gregory Katsas.