Sen. J.D. Vance of Ohio, a lead GOP co-sponsor of the Affordable Connectivity Program Extension Act (HR-6929/S-3565), confirmed Wednesday he will push hard for an amendment to the bipartisan 2024 FAA Reauthorization Act that would appropriate $7 billion in stopgap funding to keep the ailing FCC broadband program running through the end of the fiscal year. The Senate voted 89-10 to invoke cloture on the motion to proceed to the FAA bill as a substitute for Securing Growth and Robust Leadership in American Aviation Act (HR-3935).
Policymakers, industry officials and broadband experts emphasized the demand for additional rural broadband deployment and affordability programs during an NTCA policy conference Wednesday in Washington. With uncertainty looming around the FCC's affordable connectivity program, Sen. Amy Klobuchar, D-Minn., and FCC Commissioner Geoffrey Starks urged Congress to replenish the program and keep rural communities connected (see 2405010055).
The FCC received assignments in a national security memorandum that President Joe Biden signed Tuesday. They were similar to those in a 2013 presidential directive. The memorandum says the U.S. “is in the midst of a generational investment in the Nation’s infrastructure” but faces “an era of strategic competition with nation-state actors who target American critical infrastructure and tolerate or enable malicious actions conducted by non-state actors.” Moreover, the memorandum directs the FCC to “identify and prioritize communications infrastructure by collecting information” on communications networks. It is tasked with assessing sector risks and “work[ing] to mitigate those risks by requiring, as appropriate, regulated entities to take specific actions to protect communications networks and infrastructure,” the directive says. It calls on the agency to collaborate with “communications sector industry members, foreign governments, international organizations, and other stakeholders to identify best practices and impose corresponding regulations.” The FCC "is committed to doing its part, working with government and industry partners, to increase the security and resilience of our nation's communications infrastructure," an agency spokesperson emailed.
The FCC Wireline Bureau on Tuesday extended the deadlines for SI Wireless and other carriers to remove, replace and dispose Huawei and ZTE equipment from their networks. The deadline for Si Wireless was extended from May 24 to Nov. 24. “SI Wireless states that it has continued to experience delays in obtaining replacement equipment, in some cases experiencing delays of 4-6 months,” said the notice in docket 18-89: “It also asserts that equipment vendors are focusing on their production of 5G equipment and have reduced or terminated production of 4G LTE equipment, making it more difficult to access 4G-only LTE equipment.” Among the other extensions, the bureau moved the deadline for Bristol Bay Cellular from April 25 to Oct. 25, for Commnet Wireless from four deadlines in July to deadlines in January, for Mark Twain Communications from June 6 to Dec. 6, for Pine Belt Cellular from July 18 to Jan. 17, for Plateau Telecommunications from July 18 to Jan. 18, for Point Broadband Fiber from five deadlines in April and May to October and November, and for Southern Ohio Communication Services, from April 6 to Oct. 6.
The FCC and FTC agreed to "coordinate consumer protection efforts" on net neutrality, the agencies announced in a memorandum of understanding (MOU) Tuesday (see 2404250004). "If consumers have problems, they expect the nation’s expert authority on communications to be able to respond," FCC Chairwoman Jessica Rosenworcel said. FTC Chair Lina Khan noted that "effective law enforcement requires targeting the upstream actors enabling unlawful conduct, and having the FCC as a partner here will be critical.” The MOU ends the 2017 Restoring Internet Freedom agreement between the two agencies and clarifies that commitments from prior MOUs "remain in effect and are not altered or invalidated by the new MOU."
China-based Hikvision USA answered FCC questions on its proposed plan for compliance with agency rules (see 2308070047) and requested confidential treatment on information filed. The filing notes that Hikvision equipment is sold in the U.S. through distributors and original equipment manufacturers and provides data on its marketing. The data was redacted from the filing, posted Tuesday in docket 21-352.
Broadcom, Wi-Fi Alliance Services and the Wireless Broadband Alliance offered the FCC an update on changes to power spectral density rules for automated frequency coordination systems in the 6 GHz band, which the three proposed in March (see 2404150050). The filing, posted Tuesday in docket 21-352, asks the Office of Engineering and Technology to “promptly approve the proposed code modification for our systems so that they can continue to perform as the Commission anticipated while accounting more accurately for the permitted PSD levels.”
Among other objections to an FCC proposal to expand the parts of the 6 GHz band where very-low power (VLP) devices can operate without coordination, and make other changes to the rules (see 2404290035), NAB stressed the importance of protecting broadcasters' use of the band for electronic news-gathering. “Allowing unrestrained VLP operation by millions -- or even billions -- of unlicensed devices amounts to letting the metaphorical ‘genie out of the bottle,’ potentially creating a radio frequency interference environment that cannot be controlled,” NAB said. Sirius XM said its satellite digital audio radio service business “cannot operate without reliable access to the 7.025-7.075 GHz band to uplink programming for delivery to listeners and control its spacecraft.” Proponents haven’t demonstrated a need to expand the bands where VLP devices can operate, Sirius XM said: “The public interest in protecting service to tens of millions of satellite radios -- both subscribed and unsubscribed -- far outweighs any speculative benefit from adding marginally to the spectrum that can be used for outdoor VLP devices.” The Fixed Wireless Communications Coalition said the record “remains insufficient to move forward with the Commission’s proposals at this time.” Comments in favor of changing the rules “were either non-substantive or rehashed information previously submitted to the record,” the group said. The 5G Automotive Alliance said out-of-band emissions limits of -37 dBm/MH are needed to protect cellular vehicle-to-everything operations in the 5.9 GHz band. “The record in this proceeding demonstrates commenters’ well-founded concerns about VLP devices interfering with C-V2X operations and the possible dire consequences of such interference,” the alliance said. Comments were posted this week in docket 18-295.
FCC Chairwoman Jessica Rosenworcel will appear before lawmakers twice next week, with the House Appropriations Committee announcing Tuesday that the Financial Services Subcommittee will hold a hearing May 8 on the commission’s FY 2025 funding request. President Joe Biden in March proposed $448 million for the FCC in FY25 and $65 million for NTIA (see 2403110056). The Appropriations Financial Services hearing will begin at 10 a.m. in 2362-A Rayburn. Commerce Secretary Gina Raimondo will testify at the same time during a Commerce, Justice and Science Subcommittee hearing on the Commerce Department’s FY25 request. Rosenworcel and the four other FCC commissioners are set to testify May 7 at a House Communications Subcommittee hearing on the commission’s FY25 funding request (see 2404190067). That panel will begin at 10 a.m. in 2123 Rayburn.
NTCA takes special interest in the impact of the FCC’s Nov. 20 digital discrimination order on its small-business members, the association’s amicus brief argued in the 8th U.S. Circuit Appeals Court (docket 24-1179) said Monday. The brief supports the 20 industry petitioners that want the order vacated as unlawful (see 2404230032). The “potential adverse effects” of the order implementing Section 60506 of the Infrastructure Investment and Jobs Act “risk particular impact to small businesses that generally lack access to resources and economies of scale that can enable larger businesses to absorb substantial market or regulatory changes,” NTCA’s brief said. But those impacts “are neither envisioned nor authorized by the statute, whose language contemplates a far more limited scope of implementation,” it said. Compliance with certain of the standards presented in the FCC’s order “is effectively impossible since the processes by which those measures can be achieved are wholly inconsistent with the normal and ordinary practices within which NTCA members conduct their business,” it added. The standards contemplate the ability of small private businesses “to have access to the confidential business considerations of other businesses,” it said: “This result, too, is neither contemplated nor accommodated in the statutory language.” The 8th Circuit should hold the order as "unlawful" and set it aside, said NTCA.