Pai Proposes Orders on Neutrality, 5G Items in Last Meeting Before Election

The draft net neutrality order addresses questions raised by the U.S. Court of Appeals for the D.C. Circuit in 2019 on the FCC's December 2017 net neutrality deregulation (see 1712140039). Pai blogged that the FCC responds to questions raised by the court on the order’s effect on public safety, regulation of pole attachments and “the Lifeline program’s ability to support broadband.” At the time, parties on both sides declared some victory from the appeal court’s decision (see 1910010018). Members had approved the rollback at one of the most contentious FCC meetings in recent history, after months of fights.

“We ignored the falsehoods (and the ruckus they created, which included death threats, a bomb threat that forced us to recess our Commission meeting, and targeted harassment) and did the right thing,” Pai wrote Monday: “We replaced the prior Administration’s heavy-handed regulations with a consistent, light-touch regulatory approach that protects the free and open Internet, encourages infrastructure investment, and requires strong transparency from broadband providers for consumers and innovators alike.” His order on circulation “affirms that the FCC stands by the Restoring Internet Freedom Order, consistent with the practical reality consumers have experienced since December 2017 of an Internet economy that is better, stronger, and freer than ever,” he wrote.

“The FCC made a mess when it rolled back #NetNeutrality,” tweeted Commissioner Jessica Rosenworcel, who dissented on the 2017 order. “Instead of fixing its mistakes, today the FCC says it will double down, making it easier for companies to control what we do & where we go online,” she said: “That’s crazy during a crisis when 100% of us need access to an open internet.”

The order “short-circuits court demand for credible process on low-income consumers and public safety,” tweeted former Commissioner Michael Copps, now at Common Cause. “By now FCC could have done that instead of trying this end-run to help commission majority’s big telecom and cable friends.”

5G

Pai is also seeking a vote on a $9 billion 5G Fund.

“Building upon lessons learned from the Mobility Fund, and overwhelming support in the factual record we’ve developed, we would adopt our proposal to determine which areas will be eligible for 5G Fund support based on improved mobile broadband coverage data that will be gathered through the Commission’s new Digital Opportunity Data Collection,” he said.

Commissioners approved an NPRM in April, with dissents by Rosenworcel and Commissioner Geoffrey Starks (see 2004230046). Commenters stressed the need for improved data before money is doled out (see 2006260057).

Pai said previously the FCC doesn’t have funding for the data collection. “We need money before maps,” he said in April after commissioners approved the NPRM (see 2004230046). Staffers are clear that gathering data and dealing with challenges and other logistics would add at least 18-24 months to the auction process, even if the FCC gets funds from Congress, he said.

The agency will also take up rules sought by the Wireless Infrastructure Association finding that an infrastructure modification doesn’t cause a “substantial change” if it entails excavation or deployments at up to 30 feet outside macro tower compound boundaries. FCC Democrats dissented when commissioners approved an NPRM in June (see 2006120051). Local and state government groups opposed the change (see 2008040052).

“When it comes to building out 5G networks, using existing infrastructure is often a more efficient alternative to the construction of new infrastructure,” Pai said: “5G networks will require deployment of a significant number of additional antennas, many of which could be placed on existing infrastructure. But these existing towers may need additional equipment on the ground to support the operation of these antennas.”

"For more Americans to access resilient, powerful 5G, we need to cut the red tape that hampers work on tower sites,” said Commissioner Brendan Carr, who leads the FCC’s wireless infrastructure push. “Through this action, the FCC will expedite the private sector’s efforts to make towers more resilient and powerful -- to provide backup power during natural disasters and to install the equipment that will make 5G fly."

TVWS, UNEs

There are items on frequencies for TV white spaces devices and on unbundled networks elements (UNE). Broadcasting and cable actions also are teed up for Oct. 27 voting.

The FCC will also vote on boosting use of TVWS for broadband. The order would make “targeted changes to our white space device rules by expanding these devices’ ability to provide broadband coverage in rural and unserved areas while still protecting television broadcasters in the band,” Pai said: “The Order would also modify our rules to facilitate the development of new and innovative narrowband Internet of Things devices in TV white spaces. We expect that these changes will spur continued growth of the white space ecosystem and help to close the digital divide.” Commissioners approved an NPRM 5-0 in February based on an agreement between Microsoft and NAB (see 2002280055).

Pointing to a rapidly changing telecom market with numerous new competitors using a variety of technologies, Pai said he had hoped to see industry-negotiated compromises. The USTelecom/Incompas proposals around UNEs and dark fiber transport are “helping us close out one of the most contentious issues” surrounding the Telecom Act, he said. Pai said the draft order ends rebounding and resale requirements in instances where they are a barrier to broadband deployment and moving to IP networks.

Commissioners will vote on an order to allow AM stations to voluntarily transition to all-digital AM, Pai said. He characterized the item as part of FCC AM revitalization efforts, and a way for AM stations to offer higher quality audio. All-digital AM can be received only by HD radios, and NAB, Hubbard and others recently updated the FCC on availability of those devices (see 2009290048). Pai pointed out that Hubbard’s experimental all-digital station WWFD(AM) Frederick, Maryland, had seen a ratings increase after switching. “This hints at digital AM’s potential to bring AM stations back from the brink of extinction to become competitive players in the market,” he said.

NAB and other broadcasters have been supportive of the push for all-digital AM, but some engineers have raised interference concerns (see 2004070061). The November NPRM teeing up the item was unanimously approved, but Commissioner Mike O’Rielly expressed reservations at the time about the agency adopting specific technical standards (see 1911240003).

FCC members will also vote on an order expanding the scope of requirements for described video. The order would bring the requirements to an additional 10 markets annually for the next four years, ending with the rules applying to the top 100 TV markets. The current rules apply to the top 60. The rule change would include the FCC adoption of the term “audio description,” which advocates and the Disability Advisory Committee have said is more standard in the industry. NAB has lobbied the FCC to delay implementation of such new requirements -- in part because of COVID-19 -- while consumer advocates have said the current emergency highlights the need for broader requirements (see 2007070051). At the NPRM stage, the item was approved unanimously (see 2004230046). Broadcast attorneys have said they don’t see it as controversial.