No satellite operators are reporting delays in C-band clearing in docket 18-122 status reports through Wednesday. Intelsat told FCC acting General Counsel Michelle Ellison and acting Wireless Bureau Chief Joel Taubenblatt its work is "on schedule and under budget," in an ex parte post. It said its ongoing Chapter 11 reorganization shouldn't affect things. The company urged guidance on the claims handling process to be implemented by the relocation payment clearinghouse. In its quarterly report, Intelsat said all encoding systems required to meet the first-phase Dec. 5 deadline are installed, and integrated receivers/decoders needed to complete phase one have been shipped to the earth station operators or are at Intelsat’s vendor’s warehouse. It said critical design reviews for the Galaxy 31, 32, 33, 34, 35 and 36 satellites were completed in Q1, as was preliminary design review for Galaxy 37. SES said it's "on track and in some cases ... ahead" of schedule. It said it has done 57% of phase one satellite transitions, including installing 25% of antennas being done in the first phase, with the rest to be completed by Aug. 31. It said incumbent earth stations needing compression equipment have received it, and phase one transition of services needing compression will be done in Q2. It said the pandemic is affecting replacement satellite manufacturing, with some subcontractors' production capabilities impacted, which will delay component deliveries. Eutelsat said it ordered 500 filters and can confirm receipt of the first 100. No transition delays are expected due to filter procurement lead times, and virtual site audits have been completed for 24 of 33 antennas scheduled for transition. Embratel said it notified its Florida earth station customers about the coming retirement of its Star One C1 satellite and its use of spare capacity on SES' SES-4 to ensure continuity of C-band service. It said no earth station customer expressed interest in receiving C-band service after C1 is out of service.
A federal court agreed with CTIA that a Kentucky 911 law conflicts with the 2018 federal Wireless Telecommunications Tax and Fee Collection Fairness Act. Responding to that federal statute, the 2020 state law made Lifeline providers directly liable for 911 fees and barred them from passing the charge to users. In an opinion (in Pacer) entered Tuesday, U.S. District Court in Frankfort, Kentucky, granted an injunction and restraint against the Kentucky 911 Service Board in case 3:2020-cv-00043. Judge Gregory Van Tatenhove agreed with industry that the Kentucky law is preempted by Section 1510 of the Fairness Act, which limits states from requiring someone out-of-state from collecting state or local fees. “Though the Board alleges that Kentucky’s intention” with the 2020 law “was to comply with Section 1510, the state has failed to do so,” wrote Van Tatenhove. The judge disagreed with CTIA that the law violated two sections of the Communications Act, and he didn’t address the association’s constitutional claims. Section 254(f) on USF doesn’t preempt the Kentucky charge because the fee “has no relation to the manner by which Kentucky operates its universal service fund,” he said. Section 332(c)(3) stopping states’ from regulating wireless provider rates and entry can’t “be read so broadly as to prevent any incidental effects on entry or rates that a [statute] might impose,” he said. The judge disagreed with the state board that CTIA lacks standing as an association representing affected carriers and that Communications Act Section 616a-1(f)(1) exempts state 911 charges from preemption. Such a “broad reading ... would allow states to impose extreme requirements, like the taking of large portions of the service providers’ subsidies, in the name of ‘collecting fees for 911 services,’” he wrote. CTIA is glad the court recognized that the Kentucky law "discriminated against Lifeline providers serving low income consumers," said General Counsel Tom Power. "We are committed to working with policymakers at all levels to ensure all Americans benefit from wireless connectivity and ensure that 9-1-1 systems are appropriately funded." The Kentucky board didn’t comment.
Commissioners OK'd rules 4-0 for round two of the COVID-19 telehealth program, the FCC announced Tuesday. They denied an American Hospital Association petition for reconsideration to include for-profit hospitals as eligible providers. Nearly $250 million will be awarded during the second round. The commission created an application filing window rather than a rolling basis for accepting applications because "smaller providers with more limited resources may have faced difficulties quickly compiling their applications." The filing window is expected to open within 30 days. The FCC will announce this start date "very shortly," said acting Chairwoman Jessica Rosenworcel. Round one applicants that didn't receive funding must submit a new application for round two and "will receive an increase in points in Round 2 which are not available to other Round 2 applicants," the order said. Universal Service Administrative Co. will administer funds again, prioritizing applications from the hardest-hit and low-income areas, unfunded round one applicants, tribal communities, critical access hospitals, federally qualified health centers, healthcare provider shortage areas, new round two applicants and rural counties. Commissioner Geoffrey Starks said the rules give "significant weight to applications proposing to serve low-income communities" and included some of his proposed edits. Rules "strike the right balance between ensuring a wide and equitable distribution of funding and promoting the widest possible participation of health care providers," said Commissioner Brendan Carr. Commissioner Nathan Simington didn't release a statement. The FCC extended from six to 12 months the time applicants may receive funding, saying "providers will likely continue to rely on telehealth and connected care services as a critical means of addressing the COVID-19 pandemic through at least a good portion of 2022." Funds will be awarded in two phases, as expected (see 2103170047). The first $150 million goes to highest-scoring applicants. After a 10-day period, USAC will re-rank the remaining applicants and disburse the remaining funds. The commission kept in place eligibility requirements for providers from round one, and applicants needing to obtain approved eligibility determination must do so only for the "lead health care provider" listed on the application. If an applicant has multiple sites on their application, they must certify only that all sites listed are eligible. The order said its eligible services list is broad enough to provide "the flexibility needed to respond to rapidly evolving situations" and includes guidance on ineligible services.
“The nationwide increase in violence against Asian Americans and Pacific Islanders (AAPI) is unacceptable,” said the FCC’s Advisory Committee on Diversity and Digital Empowerment in a release Monday that referenced the March 16 spa shootings in Atlanta and a nationwide increase of violence against Asians. “We condemn the acts and words of hate and violence toward a community that is as much a part of the fabric of our nation as any other.” The committee's work to promote universal broadband and increase diversity in the communications industry “is more critical than ever,” it said, urging the public to “engage” with ACDDE meetings and file comments on its work.
Women are leading federal agencies that oversee telecom and tech policy “precisely at the right time,” despite holding acting titles, said former FCC Commissioner Mignon Clyburn during an FCBA event Monday. “They are not acting. They are doing,” Clyburn said. “I think we are going to make a meaningful dent in the digital divide,” said acting FCC Chairwoman Jessica Rosenworcel, citing the $3.2 billion emergency broadband benefit program and $7 billion in E-rate funds. Increasing diversity requires a “front-of-mind” approach when shaping policy, she said, and she's “keenly aware” she’s the only woman casting a vote on policies at the commission. “My hope is that we can continue to expand our definition of leadership, bringing in more diverse voices,” said acting NTIA Administrator Evelyn Remaley. “The workforce is changing, and we’re looking for ways that we can do a better blending.” Acting FTC Chairwoman Rebecca Kelly Slaughter noted it was difficult finding another commissioner of any agency whom she could ask for advice on what to do after having a child last year, before she became acting chair. “It was very important for me to set the example and take parental leave,” Slaughter said. “I may have been the first, but I certainly won’t be the last.”
The FCC is seeking comment on wireless industry network resiliency efforts, the Public Safety Bureau said Friday. Comments in docket 11-60 will inform a report responding to congressional concerns about wildfires and other natural disasters that accompanied the 2021 Consolidated Appropriations Act, the public notice said. “We seek updated information on specific measures mobile wireless service providers have taken in recent years to improve response readiness and network resiliency during natural disasters.” It asked what measures were most effective and how they can be improved. Comments are due 20 days after Federal Register publication.
Defining broadband based on symmetrical speeds could lead to "some areas being unnecessarily overbuilt while leaving fewer dollars to support areas in greater need," blogged Joan Marsh, AT&T executive vice president-federal regulatory. "Accurately defining unserved locations is essential to efficiently targeting subsidy dollars to those areas most in need of connectivity, including sparsely populated areas where there are currently no fixed broadband solutions at all," Marsh said Friday. Flexibility is necessary in the next generation of fixed wireless technologies, she said, because "wireless networks are not built to deliver symmetrical speeds, so any mandate around symmetrical performance could undermine delivery." NCTA expressed similar concerns earlier this month. The cable group said symmetrical speeds are "attractive on paper, but the idea that symmetry is required as a minimum standard for receiving public support is incongruous with the reality of how customers use broadband and the bandwidth needs of real-world applications."
The Biden-era FCC has a "seemingly endless list" of issues to be addressed, blogged former FCC Chairman Tom Wheeler Thursday. The USF contribution factor has spiraled to "an unacceptable rate that now threatens the entire program," Wheeler said, and the FCC under then-President Donald Trump "failed to take any action." Wheeler criticized former Chairman Ajit Pai for waiting until his final days in office to suggest a solution and not acting sooner. A "logical solution," Wheeler said, "would have been to seek congressional help" or expand the contribution base to include broadband. The Trump-era FCC punted on further defining broadband service, he said. The FCC should consider reinstating net neutrality rules if it also wants to reinstate privacy protections for network users, he said, because "returning ISPs to common carrier status ... triggers their responsibility to protect the privacy of their subscribers." It should reconcile with calls to repeal Communications Decency Act Section 230 and the Trump FCC having spent the past few years "assiduously cutting the agency's authority" and "swiftly expanding that authority into previously untouched areas that probably infringe" on First Amendment protections, Wheeler said. The Supreme Court's Chevron doctrine will likely play a role in how the FCC practices administrative law amid speculation that justices appointed by Trump "may seek to overturn the Chevron precedent," Wheeler noted. The Biden FCC should decide whether to work closely with DOJ, as it did during the Obama administration, in reviewing transactions, Wheeler said, because "that cooperation became more of an exception than the rule" under Trump. It will also have to "catch up" on addressing the needs of deaf and hard of hearing individuals. To achieve anything, Biden must nominate a new commissioner and decide whether to reappoint acting Chairwoman Jessica Rosenworcel, whose term expired in June 2020, Wheeler said. Pai declined to comment. The FCC didn't respond.
The FTC created a rulemaking group within the General Counsel’s Office with the goal of strengthening existing rules and creating “new rulemakings to prohibit unfair or deceptive practices and unfair methods of competition,” acting Chair Rebecca Kelly Slaughter announced Thursday. Rulemaking is “a critical part of the FTC’s toolbox to stop widespread consumer harm and to promote robust competition,” especially given threats to the agency’s FTC Act section 13(b) authority (see 2102040049), the agency said. The FTC’s “rulemaking power under section 18 has gotten a bad reputation for being too hard to use, but longstanding FTC rules, such as the Funeral Rule and the Eyeglass Rule, have provided significant benefits to consumers,” Slaughter said. The agency should “activate its unfair methods of competition rulemaking authority” due to the concentrated economy, she added. The commission wouldn't disclose now the names of those who comprise this group. The panel “will streamline rulemaking at the FTC, resulting in rules that are faster, more efficient, and more effectively address anticompetitive conduct than antitrust litigation alone,” said Public Knowledge Competition Policy Director Charlotte Slaiman, saying it's "a much-needed change.” Consumer Reports thinks this “sends a clear message that the FTC is going to prioritize rulemaking going forward, which we hope will lead to stronger consumer protections and greater corporate accountability,” said Senior Researcher-Technology Competition Sumit Sharma.
The FCC asked the U.S. Court of Appeals for the D.C. Circuit to reject a petition by Children’s Health Defense and four individuals asking for a stay of the revised rules for over-the-air reception devices OK’d by commissioners in January (see 2101070068). The group hasn’t shown that its members are at risk or that the case is likely to succeed, said Tuesday's posting (in Pacer) in docket 21-1075. “Children’s Health does not challenge the FCC’s radiofrequency exposure limits in this case, or dispute that the antennas at issue comply with those limits,” the FCC said: “It nevertheless contends that, by expanding the permissible uses of the hub or relay antennas covered by the [OTARD] rule, the FCC has injured its members who wish to avoid exposure to radiofrequency-emitting antennas.” The group sought a stay (in Pacer) last week. The group responded (in Pacer) Wednesday that the individuals who sought review were either sick as a result of RF exposure, or their family members were: “Exposure from a new OTARD system will make them sicker, over their objection and despite extraordinary efforts to avoid exposure. It will utterly destroy their lives and may even kill them. This is clearly irreparable harm.”