Commissioner Jessica Rosenworcel accused FCC colleagues of regulatory “doublespeak,” in a decision clarifying text messages are a lightly regulated Communications Act Title I service. Members approved the declaratory ruling 3-1 over her dissent, as expected (see 1812050019). Commission staff couldn't identify any instances where lightly regulating wireless texting would have better prevented spam, and groups that generally back regulation cried foul. Members separately approved a reassigned number database order targeting some unwanted robocalls, with safe harbor from liability (see 1812120026).
The California Public Utilities Commission postponed a vote planned for Thursday on a proposal to affirm text messaging is subject to state USF and other “public purpose program” surcharges. Commissioner Carla Peterman held the item until Jan. 10 for “further review,” said a CPUC hold list released Monday. A CPUC spokesperson didn’t elaborate. The agency shifted an item on California LifeLine pilot programs to Thursday’s consent agenda, which means it will be taken up with many other items and won’t require discussion. Consideration of the texting item was complicated by an FCC vote expected Wednesday to clarify wireless messaging as a federal Communications Act Title I information service, rather than a more regulated telecom service (see 1812050019).
The Senate voted 87-13 Tuesday to pass the compromise farm bill (HR-2), which contained several broadband provisions. The final legislation, which a Capitol Hill conference committee released Monday night, in some ways hews closer to an earlier Senate-passed farm bill (S-3042). Broadband provisions included in the final legislation got mixed industry reaction in statements. ITTA and other broadband groups had urged conferees to adopt elements of S-3042 that would revamp some Rural Utilities Service broadband funding programs (see 1809040074). The compromise HR-2 would increase annual funding for RUS broadband grant programs to $350 million for 2019-23. It annually would allocate $50 million for Community Connect grants, $10 million for rural middle-mile infrastructure grants and loans and $10 million for the Rural Gigabit Network Pilot Program, to be renamed the Innovative Broadband Advancement Program. HR-2 includes the Precision Agriculture Connectivity Act (HR-4881/S-2343), which would establish a task force to identify connectivity gaps in agricultural areas. HR-2 would require any RUS-funded project's proposed service area be at least 90 percent households with speeds of less than 10 Mbps download/1 Mbps upload. The legislation would codify the Agriculture Department's definition of minimum acceptable speed at 25/3. NTCA “strongly supports” the compromise HR-2, particularly “the substantial new grant program in the bill and the pains drafters took to ensure those resources won’t duplicate the work of other federal programs and private deployment,” said CEO Shirley Bloomfield. ITTA believes the RUS changes recognize “the importance and value of building strong, robust broadband networks in rural America,” said President Genny Morelli: It “remains troubled that the Report would allow for the use of RUS funds to overbuild existing providers receiving federal support” from USF programs.
The FCC appears close to inserting an industry safe harbor into a draft order on the agenda for commissioners' meeting Wednesday to create a reassigned number database, officials told us Tuesday. "I expect it to happen," said an agency official, who hadn't seen actual language. Commissioner Brendan Carr's office asked that such a safe harbor be added, said another, who's hopeful the change would occur.
Rural telco officials are hopeful the FCC will approve a draft order offering rate-of-return RLECs more USF support if they will deploy more 25/3 Mbps broadband. The draft is on the agenda for Wednesday's commissioners' meeting. "I haven't heard any opposition," WTA Senior Vice President Derrick Owens told us Monday, declining to make a prediction but backing the draft: "The draft order showed us what we were looking for. Our folks thought it was favorable and helpful to them in deploying more broadband." ITTA "supported the draft order and we’re hopeful the commission will adopt it," said President Genny Morelli. Chairman Ajit Pai appears to have the votes for the draft order, said an industry representative, who expects the vote to be unanimous. There might be "discrete issues that one or more commissioners are vocal about," possibly in concurring, the representative said: "But I don’t see any dissents." Pai responded recently to numerous letters from lawmakers, including Senate Commerce Committee Chairman John Thune, R-S.D., seeking increased rural telco USF support. In exchanges posted Friday in docket 18-5, Pai highlighted the draft's main elements: (1) offering RoR carriers "another opportunity to opt in to model-based support," guaranteeing a "revenue stream for a decade in exchange for meeting specified buildout requirements"; (2) "ensuring support is sufficient by offering additional funding to carriers that currently receive model-based support and who agree to meet increased buildout requirements ... [and] increasing funding for carriers who do not receive model-based support"; (3) making the program more predictable by setting a new long-term budget for [RoR] carriers who choose not to opt in to model-based support and ending arbitrary funding cuts"; and (4) "increasing the target speeds for subsidized deployments from 10/1 Mbps."
Debate continues whether the FY 2019 National Defense Authorization Act means the FCC can bar use of USF money to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain (see 1811190033). Replies largely followed the same lines as initial comments. Most said the NDAA clearly doesn’t apply here.
The FCC will investigate if top wireless carriers submitted incorrect coverage maps in violation of Mobility Fund Phase II rules, Chairman Ajit Pai said Friday. The commission suspended the window for responding to MF-II challenges until the probe’s conclusion. Carriers said they'll cooperate. FCC Commissioner Jessica Rosenworcel, state commissioners and rural competitive carriers welcomed investigation, saying more work is needed.
The Pennsylvania Public Utility Commission cleared an 8.2 percent increase to its state USF surcharge for 2019. Commissioners voted 5-0 Thursday for an order in docket M-00001337 to increase the surcharge to 2.12 percent of intrastate revenue, up from 1.96 percent this year. The surcharge is based on an estimated cash balance of $1.5 million on Dec. 31. The PUC maintained a 5 percent contingency cash reserve it’s had for the past 13 years.
Sen. Dan Sullivan, R-Alaska, told reporters Wednesday that talks with the FCC on USF Rural Health Care Program concerns brought him closer to resolution to lift his hold on Senate confirmation of FCC Commissioner Brendan Carr. But “we're not there yet.” Sullivan went public with his hold in September and noted progress on his RHCP concerns following a November meeting with FCC Chairman Ajit Pai (see 1811160043). The hold delayed confirmation of Democratic FCC nominee Geoffrey Starks via pairing (see 1809130059). Telecom lobbyists noted signs in recent days of potential progress toward an end to Sullivan's hold and improved prospects the Senate will approve the nominees in an end-of-year confirmations package.
An FCC declaratory order to clarify wireless messaging as a Title I information service, rather than a more regulated telecom service, appears headed to a 3-1 vote Wednesday, with a dissent expected by Commissioner Jessica Rosenworcel, industry officials said. Twilio sought Communications Act Title II classification for texting in 2015, after the FCC classified broadband as a Title II service (see 1510130040).