The National Association of Attorneys General led a letter Thursday with 39 state AGs urging Congress to “ensure that all Americans have home internet connectivity necessary to participate in telemedicine, teleschooling, and telework” as part of future COVID-19 aid legislation. The House-passed Health and Economic Recovery Omnibus Emergency Solutions Act includes emergency broadband funding (see 2005130059). House Consumer Protection Subcommittee ranking member Cathy McMorris Rodgers, R-Wash., criticized HR-6800 (see 2005210049). “Unless Congress acts quickly, disparities in access to home internet connectivity will exacerbate existing gaps in educational and health outcomes,” the AGs wrote House Speaker Nancy Pelosi, D-Calif., Senate Majority Leader Mitch McConnell, R-Ky., and other leaders. ISPs’ commitments via the FCC-led Keep Americans Connected pledge (see 2005210033) “are laudable, but they are not sustainable. Ultimately, we need a national solution to enable universal access to broadband internet.” The AGs seek increased USF funding and “flexible” money for state, territorial and local governments to expand broadband access.
Major associations wrote congressional leaders Thursday backing legislation funding replacement of Huawei and ZTE equipment in U.S. networks. Industry questioned the FCC approach on equipment by the two Chinese companies, in comments on how provisions in the Secure and Trusted Communications Networks Act affect supply chain security rules. The March law lacks funding for gear replacement (see 2003130083). Industry representatives told us they hope lawmakers fund it soon.
The California Public Utilities Commission believes providers "should not be expected to choose" during a pandemic "between allocating resources to maintaining their networks at the highest levels of service" and competing for USF support in a reverse auction as complex as that for the upcoming Rural Digital Opportunity Fund, the CPUC emailed us. In March, the CPUC asked for a delay of the auction's start date of 120 days or more. Tuesday, a draft auction procedures notice suggested a weeklong delay of the Phase I auction to Oct. 29 (see 2005190058). "The FCC’s proposal to delay the auction by one week does nothing to allay" CPUC concerns, it said Tuesday. "On top of that, the FCC’s challenge process allows no time for the CPUC to rebut challenges from incumbent providers. CPUC staffers estimate the challenges in California equate to hundreds of thousands of housing units, potentially reducing needed federal broadband dollars for our state by hundreds of millions." When asked about the weeklong delay in the draft public notice, an FCC spokesperson emailed that in seeking comment, the commission expected bidding to start Oct. 22 "but noted additional details and dates would be announced in the procedures public notice. If adopted, the procedures public notice has set Oct. 29 for an auction to begin."
A draft declaratory ruling circulated by FCC Chairman Ajit Pai Tuesday clarifies that industry can swap out antennas and other infrastructure on towers without delay under the 2012 Spectrum Act. Commissioner Brendan Carr told us Tuesday that despite the early resistance (see 2005110029) some local governments support the infrastructure clarification and the pandemic underscores the need for building infrastructure quickly.
Commissioners will act at their June 9 meeting on CTIA and Wireless Infrastructure Association proposals for more changes to wireless infrastructure rules designed to accelerate siting of towers and other 5G facilities, FCC Chairman Ajit Pai said Monday. The move was expected, as is a fight from local and state governments (see 2005110029). Pai will also ask commissioners to approve auction procedures for Phase I of the FCC's 10-year, $20.4 billion Rural Digital Opportunity Fund and proposed an NPRM on the use of very high-band spectrum. ATSC 3.0 also is on the agenda (see 2005180066).
The FCC confirmed Monday that members' next meeting tentatively will include a vote on wireless infrastructure, as we reported last week. Other items potentially on tap for a June 9 vote are auction procedures for the $16.4 billion, 10-year high-cost USF; high-band spectrum action; and on ATSC 3.0.
There mightn't be clean resolution on what authority the Regulatory Commission of Alaska retains after a 2019 state deregulation law, said commissioners at the RCA’s virtual, teleconferenced meeting Wednesday. Regulators are mulling broad telecom rule changes due to SB-83 (see 2001170047). First up, the commission will consider its power over access charge ratemaking at its June 10 meeting, said Chairman Bob Pickett. “Does the commission have a legitimate role in this or is it just a rubber stamp?” The commission will mull its authority over eligible telecom carrier designation for federal USF at the June 24 meeting, state USF on July 8, interconnection and joint use dispute resolution July 22, telecom relay service Aug. 12, and transfers and discontinuances Aug. 26, said the chairman. “It’s time to get things together quickly.” Pickett doesn’t “want to try to expand our authority under SB-83,” but the commission needs “specific language for the regs coming out of each of these discussions on what the commission will do and won’t do,” he said. Carriers don’t agree on the access charge ratemaking authority issue “or virtually any of the others,” noted Commissioner Stephen McAlpine. “The state of confusion that exists is going to require the commission at some point to just go forward, issue regulations as we can best interpret them, and let the chips fall where they will.” Carriers can “pursue whatever mechanism they see fit to straighten it out,” he said. Commissioner Daniel Sullivan concurred, “This is going to be sorted out one way or the other, maybe at some point legally.” The RCA clearly needs more clarity from the legislature, said Commissioner Antony Scott. “We really don’t know what they meant.”
Senate Commerce Committee members signaled interest in including further emergency broadband funding in the next COVID-19 package. Some senators urged their colleagues to think beyond the crisis. The Wednesday hearing featured few references to House Democrats' Health and Economic Recovery Omnibus Emergency Solutions (Heroes) Act (HR-6800), which contains substantial broadband funding. The bill also includes language to make broadcasters and other local outlets eligible for the Paycheck Protection Program. Both issues drew increasing support since the March enactment of the Coronavirus Aid, Relief and Economic Security Act (see 2004300058). The House is expected to vote on HR-6800 as soon as Friday.
USTelecom and member companies want the FCC to clarify broadband performance testing obligations for the USF Connect America Fund program, said a filing posted Monday in docket 10-90. Due to COVID-19, they want "some relief" for the regular testing phase "similar" to that given for the pretesting phase 1 "to minimize the impact on the network and solve for ongoing problems with the testing process." Providers "are still experiencing the same roadblocks they faced in March related to the pandemic," they said. Testing was due to start this summer. Executives from Alaska Communications, AT&T, CenturyLink, Consolidated and Windstream spoke with a Wireline Bureau staffer.
Broadening the USF contribution base won't harm broadband adoption, a report commissioned by NTCA said Thursday. The Berkley Research Group paper suggested a 1% USF contribution surcharge for broadband could reduce consumer broadband demand by 0.08%. Reps. Collin Peterson, D-Minn., and Don Young, R-Alaska, led filing Tuesday of the Universal Broadband Act to codify that broadband is within USF's scope (see 2005050064). “Long-term viability of the Universal Service Fund is essential,” said NTCA CEO Shirley Bloomfield. She said the program "could be at risk if we keep ‘kicking the can down the road’ on addressing the shaky foundation of an ever-escalating and volatile contributions mechanism." Bloomfield told us earlier this spring that as new USF programs such as the Rural Digital Opportunity Fund are added, policymakers must address revenue that supports subsidies. "There's only so many coins you can find under the couch cushion," she said of existing contribution methodology that relies on long-distance voice revenue.