Tiger Teams Likely 'Up and Running' by Early 2017, Wheeler Tells House Lawmakers

House Commerce lawmakers and the FCC reached agreement on its Enforcement Bureau field offices in summer 2015 (see 1506090059). That agreement called for maintaining 15 of 24 field offices and deploying East and West tiger teams.

A 2015 field modernization order required negotiating the effects with the National Treasury Employees Union, Wheeler said. “Last month, the Commission and NTEU reached agreement on procedures for implementing the reductions in force required under the Field Modernization Order,” Wheeler said in his response, dated Oct. 5 and since posted on the committee website. “Among other things, the agreement sets timelines and procedural requirements for reassigning personnel in field offices designated for closure to offices remaining open under the Field Modernization Order, including the Tiger Team offices. The Commission presently anticipates completion of this process in early 2017.”

Rep. Gus Bilirakis, R-Fla., also raised the issue. He and others on both sides of the aisle “remain concerned about the impact of losing the fields' boot on the ground presence, especially with regard to resolving interference to public safety communications,” he told Wheeler. “You have consistently stated the FCC will continue to meet its speed of disposal metric for public safety interference -- that the FCC will respond to 99 percent within one day -- but that response is typically an email to the complaint. However, you have since disclosed that it takes 28 days, I understand, on average to resolve the interference. Chairman Wheeler, has that data point changed since you closed the field offices?”

The “timeframe to resolve interference complaints varies -- some complaints are resolved in a phone call, while others may require weeks of painstaking work by teams of agents,” Wheeler told him. “Accordingly, the time needed to resolve an interference complaint is only one of several factors relevant to assessing the Bureau’s productivity.” He noted interference might be resolved before a case is closed.

Wheeler is committed “to ensuring the field office closures do not impede our responsiveness to interference complaints related to public safety,” he said. “We haven’t closed any field offices, although we are in the process of complying with the Commission’s order to do so.”

All FCC members provided responses to many questions from House Commerce members, with topics ranging from the set-top box proceeding to ISP privacy to business data services. Wheeler told lawmakers he’s “hopeful” the biennial review of telecom regulation on circulation now will be “adopted in the near future.” Rep. Pete Olson, R-Texas, asked Wheeler several questions about LTE-unlicensed steps, and Wheeler defended the agency’s actions. “This process has been thorough, has involved compromises on both sides and numerous stakeholders representing both LTE-U and Wi-Fi interests have hailed it as a success,” he told Olson.

Rep. Mike Pompeo, R-Kan., attacked the ISP privacy approach, which “radically” departs from the 2015 Cybersecurity Information Sharing Act language. Wheeler said it’s “based on many existing federal frameworks” and staff is looking at the many comments on how “it could clarify or modify the proposed data security requirements to ensure alignment with CISA.” Pompeo cited President Barack Obama’s formation of the Commission on Enhancing National Cybersecurity this year. “Why would you move forward with adopting highly partisan and highly prescriptive rules for securing ISP networks before the President's Cyber Commission has even offered its recommendations?” Pompeo asked. Wheeler lauded that commission but said the FCC is looking to other federal stakeholders in determining its rules.

“In our ongoing privacy proceeding, I believe the FCC should strive to identify how consumers can better understand the way their data is collected, what rules apply, and how they can protect themselves under the law,” Commissioner Jessica Rosenworcel told Olson in her response, dated Sept. 8. “Doing this well requires harmonization -- to the extent possible under existing law -- with other federal authorities with privacy interests. To this end, the staff of the FTC Bureau of Consumer Protection filed comments in our privacy docket. The FCC needs to study this filing carefully and seek to incorporate their ideas to the extent feasible under our governing statute.”

Rep. Yvette Clarke, D-N.Y., probed Wheeler on the set-top proceeding (see 1610050051). Wheeler’s draft order is on circulation. It “would provide minority and independent programmers with a better opportunity to reach their audiences,” he told Clarke. “I stand by the commitment I made at the hearing to review the GAO’s [pending set-top] findings with you.” He also said there’s “merit in exploring whether, and, how potentially to extend the cable procurement requirements to the broadcasting industry.”

Rosenworcel said the Federal-State Joint Board on Universal Service, which she chairs, will advance “with new resolve” on USF contribution overhaul after the court ruling on net neutrality this year: “Working with my state colleagues, we have set up a schedule for regular staff meetings this Fall, culminating in an in-person discussion in conjunction with the next regular meeting of state utility commissioners later this year. Although it is premature to say when the Recommended Decision will be complete, I can commit that work is underway to advance the referral and that progress will be made by the end of the year.”