Colorado state senators plan to weigh a House-passed net neutrality bill Monday at a State, Veterans and Military Affairs Committee hearing, said the panel’s agenda. The House passed HB-1312 Tuesday but sponsor Rep. Chris Hansen (D) predicted it will die in the GOP-controlled Senate (see 1804170057). While not perfect, the bill “is a strong symbolic measure to continue the push Colorado is making with reintroducing local accountability,” emailed Colin Garfield, campaign lead for the Fort Collins Citizens Broadband Committee, which fought ISPs and won exemption from the state’s municipal broadband ban in Fort Collins, Colorado (see 1712110020). “Combined with the 120 opt-outs” of communities from the ban, “this state is becoming one that is quite literally running away from the telecom industry,” he said. The bill’s narrow scope -- restricting state USF support to companies that adhere to net neutrality principles -- may not cover all types of ISPs, Garfield said. “Funding acquired from these sources is generally used for rural projects, which means only certain ISPs will ever be held to these standards. Usually the small ones, but CenturyLink has been known to acquire these funds. Communities in urban corridors will not have the watchdog on duty since urban-ISPs like Comcast aren’t using these funds inside cities.” Comcast is the state’s largest ISP and yet the least likely to apply for the funds, he said.
A court consolidated challenges to FCC Lifeline tribal limits and set a briefing schedule. The National Lifeline Association and resellers filed a January petition (in Pacer) seeking relief from the commission's late 2017 order, which restricted enhanced Tribal Lifeline USF support by targeting it to "facilities-based" service and newly defined "rural" areas (see 1801290020). The U.S. Court of Appeals for the D.C. Circuit had established a briefing schedule for that case, but this week it granted (in Pacer) a motion to consolidate the case with Crow Creek Sioux Tribe's March petition (in Pacer). Crow Creek challenges the same decisions and alleges "the commission did not meaningfully consult with Tribal authorities about the impact of these changes on native communities as required by law." Both petitioner opening briefs are now due May 9, the government's response brief June 25 and petitioner reply briefs July 16 in National Lifeline Association v. FCC, No. 18-1026, consolidated.
The FCC should set a USF budget of about $11 billion to impose fiscal discipline, Commissioner Mike O'Rielly said Thursday at the American Enterprise Institute. He said at least 200 or 300 MHz of spectrum should be made commercially available within the 3.7-4.2 GHz band, and wants an associated NPRM this summer to examine reallocating 6 GHz band spectrum for unlicensed services. He also expects the regulator to begin a rulemaking this summer on creating more flexible broadcast children's TV rules, believes the agency will soon address its process for transactions affected by "Team Telecom" reviews (see 1804190059), and wants more process reforms in general. His speech tracked written remarks and was followed by Q&A (video here). A commission spokesman declined comment.
Wireless carriers should lose federal USF funding if they don’t do more to fight robocalls, said Mississippi Public Service Commission Chairman Brandon Presley Wednesday. He directed PSC staff to investigate whether carriers profit from robocalls. “No one could do more to stop the scourge of robocalls than cellular companies,” Presley said. “Some have apps, some don’t but all of them should explain to the PSC what they are doing to stop these calls before we approve one more penny of federal money. We should require them to create free robocall blocking technology and develop a plan to stop Caller ID spoofing along with other efforts.” The PSC has been alleging telemarketers broke the No-Call law (see 1803290033 and 1801310013), and has an app for consumers to complain (see 1711010042). “Aggressive FCC and FTC enforcement of bad actors is key to combatting the scourge of illegal robocalls," said CTIA Assistant Vice President-Regulatory Affairs Krista Witanowski in a statement. "We take this issue seriously, and to protect wireless consumers, CTIA and its members have implemented a multifaceted approach that includes technical solutions such as new applications and network-based tools, and industry initiatives such as work to deploy call authentication to mitigate caller id spoofing."
FCC Chairman Ajit Pai invited Commissioner Mike O'Rielly's ideas and proposals on the USF budget and rural telco funding. Pai responded Wednesday to our questions after speaking at a rural broadband event at the Department of Agriculture (see 1804180023), including about O'Rielly's recent suggestions at an NTCA conference that rural telco high-cost USF support could be increased somewhat (see 1804160043). While Pai said he hadn't read about O'Rielly's comments, he looks forward to hearing more about his colleague's ideas and any specific proposals. O’Rielly’s office didn’t comment Wednesday but noted he's scheduled to speak at the American Enterprise Institute Thursday. In a statement on a recent rural USF order and notice, O'Rielly voiced interest in setting an overall USF budget and concern about aspects of the notice, particularly the possible removal of capital and operating expense limits (see 1803230025).
The U.S. needs a "national strategy" to advance rural broadband and "e-connectivity," said Secretary of Agriculture Sonny Perdue Wednesday at a department event organized by a rural stakeholder coalition. He said USDA loves to be a "convener" and wants to work with the FCC, the Department of Commerce and others to help expand and sustain rural broadband networks. "I don't think the awareness has ever been stronger" about the need and opportunities, he said. "I get excited" thinking about rural connectivity and its potential to usher in "transformative" gains in telemedicine, distance learning, precision agriculture and digital commerce, he added. "Now's the time. Let's get it done."
The FCC broadened its focus in the national security NPRM, approved by commissioners Tuesday, beyond just the USF. Commissioner Brendan Carr discussed the change at the meeting (see 1804170038). And review of the text posted Wednesday shows a new paragraph. Rural Wireless Association General Counsel Carri Bennet said she appreciates the FCC’s change in focus, but RWA members are concerned about reports that Chinese equipment makers Huawei and ZTE could exit the U.S. market.
The FCC unanimously approved rural calling and business data service items at its commissioners' meeting Tuesday. An order and Further NPRM seek to improve rural call completion (RCC) by making originating long-distance providers accountable for intermediate carrier performance and by launching a rulemaking to implement a new rural call quality law. A separate NPRM looks at allowing certain rural telcos to shift their BDS offerings from rate-of-return regulation to incentive-based price caps. Commissioners cited some changes made to drafts (here and here) circulated by Chairman Ajit Pai (see 1803280046). Commissioner Mike O'Rielly again backed an extended jurisdictional separations freeze (see 1802230019).
The FCC approved 5-0 an NPRM that proposes to bar use of money in any USF program to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain, as expected (see 1804110032). Commissioners said the NPRM was expanded while on the eighth floor to ask additional questions, including on what the FCC could do beyond the USF. Small carriers, especially members of the Rural Wireless Association, expressed concerns because many use devices and equipment provided by Chinese suppliers Huawei and ZTE. For other ZTE news Tuesday: 1804170018.
FCC Chairman Ajit Pai said he welcomed lawmakers' E-rate input but didn't address their concerns about possible cuts to "category two" funding of internal connections in the school and library USF discount program. With a public notice comment cycle closed, Wireline Bureau staff "is carefully reviewing the submissions," Pai wrote in response to Sen. Ed Markey, D-Mass., and other senators in an exchange posted Friday. "Your views are important and will be considered as the Bureau prepares its report for the Commission," as will "the issues and concerns presented by all stakeholders." Pai noted a previous order mandated the report be done before the funding year 2019 filing window opens next year. The senators' November letter urged him "to protect the E-Rate program and resist any proposal to prematurely modify category two funding."