FCC Commissioners Seeking Lots of Edits to Proposed National Security Rules

Pai circulated an order last month proposing to ban equipment from Chinese vendors Huawei and ZTE from networks funded by the USF and establishing rules that could bar other providers (see 1910290054).

Rosenworcel said she's asking that the FCC look at expanding the ban beyond the small and rural carriers that rely on the USF. “I have asked the agency to consider how the Communications Assistance for Law Enforcement Act may provide the FCC with the authority it needs to do so,” she said.

Rosenworcel also asked the FCC to use lessons learned in the TV incentive auction and the FCC’s reimbursement of broadcasters that had to move to other frequencies. “Before making the authorized funds available, the FCC required the eligible entities to certify to the agency basic information about their existing equipment and detailed cost estimates for replacement,” she said: “Then the FCC conducted audits, data validations, and site visits to ensure the accuracy of the information submitted.” Those efforts “could serve as a model for the removal of insecure equipment and I’ve sought changes to include them here, too,” she said.

The FCC also should accelerate setting up a program to reimburse carriers that have to replace equipment, Rosenworcel said. “The actions we take on Friday will only start the clock,” she said: “Companies deserve to know what help they have in that effort -- and they deserve to know it sooner rather than later. It took us 18 months to reach this point at the FCC, carriers can’t wait that long again.” The FCC didn't comment.

Huawei opposes the ban and questioned the order's legal foundation. Other groups sought changes aimed at limiting disruptions.

USTelecom raised concerns in meetings at the FCC last week, said a filing posted Monday in docket 18-89. “Demonstrating compliance with the rule may be difficult, both for service providers that have covered equipment in their networks today and even for those that do not,” the group said. It urged the FCC to release a public notice seeking comment on the proposed certification language.

Competitive Carrier Association officials met aides to Rosenworcel and Commissioner Geoffrey Starks. “Carriers must be able to engage in the day-to-day maintenance and operation of their networks or else consumers may lose connectivity and be unable to make calls, including 911 calls,” CCA said: “We encouraged the Commission to remove the language in the draft that suggests that carriers cannot use USF funds for the maintenance, support, and operation of their networks.”

CoBank raised similar concerns. “If the Commission prohibits the use of USF to provide ongoing maintenance and support of the existing network before the new network is built, rural communities will be at risk of losing their service,” CoBank warned.

Attorney General William Barr made clear in a letter last week to the FCC that the ban has DOJ's support. “Prohibiting USF recipients from using those funds to purchase equipment and services from companies like Huawei and ZTE helps secure our networks and protect our national security by encouraging those recipients to choose trusted, reliable providers,” Barr said.

Rosenworcel also stressed the importance of open radio access networks. “Instead of relying just on hardware-centric network design offered by a limited number of foreign equipment vendors, we could move to one that is software-centric,” she said: “In this new model, we can use off-the-shelf hardware and customize through software. This kind of network virtualization flips our traditional way of thinking about equipment supply chains on its head.” Carriers have made progress virtualizing network cores but less on RAN, she said.