The FCC Wireline Bureau is "working on clarifying some ambiguities" in an order on reconsideration on broadband testing requirements for support recipients in USF high-cost programs, officials in the Telecommunications Access Policy Division told FCBA members Wednesday at an event on high-cost USF support. The clarification is meant to help eligible telecommunications carriers in USF programs such as Connect America Fund Phase II or the upcoming Rural Digital Opportunity Fund adhere to the different compliance milestones in the different high-cost programs, officials said. The commission voted on the performance measurement rules in October (see 1910220007).
The FCC Wireline Bureau will take comments through March 30, replies until April 29, on several issues remanded to the agency after the U.S. Court of Appeals for the D.C. Circuit upheld most of the commission's net neutrality order in Mozilla v. FCC (see 1910010018) and later denied petitions for a rehearing (see 2002180054), said a public notice in dockets 17-108, 17-287 and 11-42 Wednesday. The bureau is refreshing the record on how the FCC's Restoring Internet Freedom order could affect public safety when broadband is classified as a Title I information service; how it affects pole attachment regulation; and what authority the agency has to direct Lifeline USF support to eligible telecommunications carriers (see 1910290002). "The FCC got it wrong when it repealed net neutrality," Commissioner Jessica Rosenworcel said in a statement Wednesday. That's why the courts sent back key parts of the order, she said, urging the American public to use this comments period as another opportunity to weigh in on net neutrality: "It's time to make noise." Public Knowledge is also encouraging the public to "speak out about the importance of a free and open internet." Senior Policy Counsel Jenna Leventoff also questioned the agency's decision to combine the three separate issues into a single "bureau-level public notice" and provide only 40 days for public comment. Free Press Research Director Derek Turner said FCC Chairman Ajit Pai's "zealous efforts to remove broadband providers from any obligations to protect internet users defies what Congress clearly intended for these critical communications services. Without Title II safeguards, we face several potentially harmful consequences to public safety and universal service." FP vowed to continue to fight to restore net neutrality protections after Pai's tenure with the FCC ends. “Since the Restoring Internet Freedom Order was adopted, broadband speeds have increased substantially, fiber deployment has hit an all-time high, and the Internet has remained free and open," an FCC spokesperson emailed. "The attempts by some to engage in the same old tired fearmongering on this issue are likely to ring hollow to more and more Americans.”
Industry supports FCC goals to protect USF from waste, fraud and abuse but wants clearer standards and sufficient due process procedures in proposed suspension and debarment rules, said comments posted through Friday in docket 19-309. "The proposed rules reach a far broader range of conduct than contemplated by the OMB guidelines, potentially punishing many good actors for the sake of expediting penalties against a few bad ones," said CTIA and USTelecom. "Consider alternative measures before initiating suspension or debarment procedures," said America's Communications Association, Incompas and NTCA. Encourage self-governance and consider mitigating factors, they said. Bureaus "should be given delegated authority to grant exceptions" when it serves the public interest, said the Wireless ISP Association. USF participants should be allowed to continue receiving services from a suspended provider for the duration of a contract that existed before the FCC acts, said the Schools, Health & Libraries Broadband Coalition and State E-rate Coordinators' Alliance. Don't apply new rules retroactively, said NCTA. "Grounds for suspension or debarment should only include egregious offenses," said Cellular South. E-Rate Central said the NPRM doesn't discuss "the necessity of coordinating any planned enforcement action, if only on an advisory basis, with appropriate state agencies."
The FCC Wireless Bureau is meeting with industry on what to ask in an NPRM for its rural 5G fund, according to interviews this week and recent filings. The agency announced the $9 billion USF program in December to replace its Mobility Fund Phase II (see 1912040027).
Seven defendants pled guilty to defrauding the USF E-rate program, said Geoffrey Berman, U.S. attorney for the Southern District of New York, on Wednesday (see 1808300030). Sentencing is scheduled for May and June. As part of their plea agreements, defendants will forfeit millions of dollars in overpayments and restitution. The defendants were Peretz Klein, Susan Klein, Simon Goldbrener, Moshe Schwartz, Ben Klein, Sholem Steinberg and Aron Melber. Each pled guilty to one count of conspiring to steal E-rate funds intended for underprivileged schools in Rockland County, New York.
Amend proposed instructions to line 308 of FCC form 499-A on USF contribution methodology, NCTA asked, posted Wednesday to docket 06-122: Providers shouldn't have to report USF revenue directed to schools, libraries or rural healthcare providers. In its filing, Comcast also supported recent comments by USTelecom.
With impeachment proceedings against President Donald Trump completed, Senate Commerce Committee Chairman Roger Wicker hopes to move bipartisan bills on broadband mapping, net neutrality and Huawei, the Mississippi Republican said in a Monday keynote speech at the NARUC Winter Policy Summit. NARUC President Brandon Presley announced members of a freshly minted broadband task force (see 1911270024).
PASADENA, Calif. -- A federal judge appeared skeptical Monday of an FCC safe harbor threshold that lets communities charge wireless carriers up to only $270 yearly for each small-cell facility. Municipalities and others are challenging FCC wireless infrastructure orders in a consolidated case at the 9th U.S. Circuit Court of Appeals. Judges’ decision about whether the commission legally pre-empted local authority in the right of way could have broader impact for local authority in telecom (see 2002060056).
FCC Chairman Ajit Pai proposes holding Phase I auctions for the Rural Digital Opportunity Fund on Oct. 22. Pai circulated a public notice among commissioners Thursday proposing procedures for the Phase I auctions, which would allot up to $16 billion of the $20.4 billion USF rural broadband program, he blogged, outlining his agenda for the Feb. 28 meeting. The RDOF auction procedural PN is one of eight items for what Pai is calling "spectrum month." Drafts are expected to be released Friday. Pai's proposal Thursday to pay up to $9.7 billion to C-band incumbents to free the spectrum for a Dec. 8 auction (see 2002060057) will lead the February meeting.
FCC Chairman Ajit Pai proposed accelerated relocation payments of up to $9.7 billion for C-band incumbents to clear the band quickly for an auction to start Dec. 8, in a speech (see 2002060031) Thursday at the Information Technology and Innovation Foundation. Those would be above compensation for relocation costs, estimated to be between $3 billion and $5 billion, he said. Pai has the three votes he needs for approval at the commissioners' Feb. 28 meeting (see 2002060048) with quick endorsements of Commissioners Mike O’Rielly and Brendan Carr.