First FCC Meeting of COVID-19 Era May Not Set a Pattern

The approach to the event was different from other recent meetings, including by the FCC Broadband Deployment Advisory Committee, Technological Advisory Council and Communications Security, Reliability and Interoperability Council. They included votes handled online and full discussions of issues presented.

“This is one of the most extraordinary open meetings in commission history, for these are extraordinary times,” Chairman Ajit Pai said. All scheduled agenda items were approved ahead of time, as was the plan. Pai called the Stir/Shaken rules “an important step toward reducing unwanted robocalls.”

Former officials said the next meeting will likely be more typical, especially since bigger items are expected, including a 6 GHz order. Pai is likely to propose a 10-year, $9 billion 5G Fund for Rural America (see 2002050048), FCC officials said.

One member “requested that each commissioner speak for no more than 3 minutes to keep the teleconference short,” an official said: “Voting items early does not mean no public discussion of the voted items. It just means no votes during the teleconference.”

Unlike typical commissioners' meetings, where news conferences following the meeting are livestreamed for the public, Tuesday had one news conference. Commissioner Mike O'Rielly followed the audio-only public meeting with his own via Zoom. “I have no problem with how today worked,” O'Rielly told reporters in response to our query. “We often can move items from the meeting items to circulation list, so I’m fine with that.” O’Rielly noted he has “extensive statements” on all the meeting items. “Everything is going to be fluid for a little bit,” he said.

O’Rielly said he hasn’t had a chance to talk to fellow commissioners much since the FCC lockout began and has had to spend more time taking care of his kids in recent weeks. “It’s a much different environment,” he said: “Everyone has made themselves accessible, and we have cellphones as needed.”

Other officials told us commissioners continue to talk, though communicating is more difficult with everyone in different locations. Commissioner Brendan Carr “has been in touch with every Commissioner since we moved to a mostly telework environment,” a spokesperson emailed: Carr “appreciates the unprecedented work the agency has accomplished in such short order" and is grateful to Pai "for the chance to lead the FCC’s efforts on the Connected Care item.”

The FCC should have acted years ago on call authentication, Commissioner Jessica Rosenworcel said. “There is evidence that robocalls are multiplying” during the pandemic, she said: “We are seeing alarming reports of an increase in calls from scam artists hawking fraudulent cures and taking advantage of so many people in so many households who are stuck at home.” The FCC must take “swift and harsh action holding accountable those preying on the vulnerable,” she said.

The agency has all the authority it needs under the Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act, which was signed in January (see 1912310028), to impose Stir/Shaken, O’Rielly said. “Today’s item seems to unnecessarily obscure the role of the TRACED Act, suggesting that Congress is not the rightful author of the STIR/SHAKEN mandate, and that the Commission would have had the authority to issue this Report and Order in the absence of Congress’ directive.”

The draft “seemed to underestimate the costs of implementing and operating the protocol and appeared to exclude significant cost categories,” but that part was improved in the final item, O’Rielly said. “We should clarify that prohibiting a line item for caller ID authentication in no way means that the costs won’t be passed through to customers; it just means that in many cases, carriers will ultimately build the costs of implementation into their rates."

The rules are a “good start, but the record makes clear that we have much more to do,” said Commissioner Geoffrey Starks. The final item includes “additional questions to address concerns raised by commenters, including with regard to the limits of the STIR/SHAKEN framework as an option for use with non-IP-based networks, and barriers to STIR/SHAKEN implementation for enterprise calls, and for small and rural voice service providers,” he said.

“STIR/SHAKEN enables phone companies to verify that the caller ID information transmitted with a call matches the caller’s phone number,” said a release: “Widespread deployment of STIR/SHAKEN will reduce the effectiveness of illegal spoofing.”

Commissioners' statements on the robocall item are here. For the other telecom item: 2003310039. For the media items: 2003310066. All votes were 5-0, agency officials told us.