The California Public Utilities Commission reasserted authority to review T-Mobile/Sprint, while tweaking some conditions the carriers opposed, in a revised proposed decision released Wednesday (see 2004150050). Commissioners plan to vote Thursday. T-Mobile and Sprint “have California wireless subsidiaries that are public utility telephone corporations under state law, and subject to the jurisdiction of the Commission,” the CPUC said. The agency rejected the carriers’ motion to withdraw their wireline application, plus Sprint’s letter relinquishing its wireline certificate, both of which the carriers used to lay a foundation for closing without California OK. The CPUC removed specific backup power obligations and requirements that 5G commitments extend to 2030. It added a condition that 93% of California's population have 300 Mbps download speeds in 2024. The agency also tweaked conditions for Lifeline, a Boost pilot program and CalSpeed testing. The edits “are more meaningful in what they do not say, more so than the relatively small changes,” emailed The Utility Reform Network Managing Director-San Diego Christine Mailloux. The commission “held steady in its correct and critical position that it has the full authority under the California Public Utilities Code to review all aspects of this merger and to impose conditions.” The companies completed their deal and began integrating in states other than California.
The April 23 commissioners’ meeting will be teleconferenced and possibly shortened in a manner similar to the March meeting, FCC officials told us. Though eighth-floor offices are discussing the final format, Chairman Ajit Pai's office proposed again voting on many of the items ahead of the meeting (see 2003310067), but having in-meeting votes and commissioner statements on major ones such as 6 GHz, officials said. One FCC official said commissioners are preparing full statements on all the major items. When the FCC changed the format for the March meeting, Chief of Staff Matthew Berry was in touch with the offices weeks in advance to discuss what to expect. A few days before that meeting, the chairman’s office said in an email to other offices the plan was to keep the session very short, the official said. Discussions over the format of the April meeting are in progress, several officials said. The commission didn't comment Wednesday.
Waive letter-of-credit requirements for Connect America Fund Phase II, industry asked the FCC in comments posted through Tuesday in docket 10-90. Skybeam and the CAF II Coalition petitioned for waivers to conform with recent Rural Digital Opportunity Fund rules (see 2003110034). CAF-II LOC requirements are "far more onerous than the less restrictive obligations of future RDOF auction winners," USTelecom said. Use the same logic that led to RDOF LOC to support "a retroactive decision now to establish parity for CAF II auction winners," the group added. The Wireless ISP Association called it "entirely reasonable" to ensure requirements establish parity, "particularly where equal treatment will foster the timely delivery of improved broadband service" to "advance Commission policy objectives." NCTA said "granting the request will serve the public interest by allowing support recipients to deploy broadband more expeditiously while continuing to provide adequate protection in cases where buildout commitments are unmet." "Lift the yoke" off small, family-owned providers by revising LOC rules, LocalTel Communications said.
FCC implementation of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act and other recent anti-robocall actions “appear to be having some impact,” but “scammers remain determined,” the Congressional Research Service reported. Commissioners approved secure telephone identity revisited and secure handling of asserted information using tokens call authentication rules at their March meeting (see 2003310067). “Most of the tools being used against robocalls have been developed recently, while some are still under development,” CRS said Friday. “It may be some time before a long-term and ongoing decrease in robocall numbers will be realized.” Chairman Ajit Pai noted the FCC’s recent bid to address robocalls preying on COVID-19 fears (see 2004030052), writing two groups of telecom-focused lawmakers including Senate Communications Subcommittee Chairman John Thune, R-S.D., and House Communications Subcommittee Chairman Mike Doyle, D-Pa.
The FCC’s move to new headquarters near Union Station has been delayed at least two months due to COVID-19, a spokesperson told us Monday (see 2004130039). The move had been slated for late June. Since the FCC’s pandemic response means few employees are in the building, preparations for the move were delayed. One official told us it may be delayed into the fall. The new HQ is Sentinel Square III at 45 L St. NE. The current location is 445 12th St. SW.
The FCC seeks to prevent one-ring scams. A notice of inquiry appearing on Friday's circulation list responds to Traced Act requirements (see 1906250071) and precedes a rulemaking, a spokesperson said. Callers from outside the U.S. dial a number, hang up after one ring, and hope confused recipients call back and incur phone charges. Some scams leave a voicemail with instructions to call an international number. The NOI seeks broad comment including feedback on cost-effectiveness of suggestions, the spokesperson said. In 2019, the FCC received about 2,600 consumer complaints about one-ring scams. The NOI follows Section 12, an official said.
An order approving Ligado's requested license modifications is about to go on circulation, potentially early this week, stakeholders and agency officials told us Friday. They said the order would include conditions such as Ligado-sought power and emissions levels and the company's government GPS replacement proposal, plus network monitoring and operational requirements. The FCC didn't comment. The agency's under pressure from legislators to approve the company's planned low-power terrestrial L-band broadband (see 2002250083). NTIA didn't recommend approval, and DOD and other agencies opposed approval (see 1912090011).
TechFreedom Director-Civil Liberties Ashkhen Kazaryan's gender was misstated (see 2004080039).
Executive branch agencies recommended the FCC revoke China Telecom's U.S. authorizations for international telecom services. DOJ, which led the review, said the agencies found "substantial and unacceptable national security and law enforcement risks," including Chinese government malicious cyber activity targeting the U.S., and concerns China Telecom -- a U.S. subsidiary of a Chinese government-owned telecom company -- is vulnerable to China's "exploitation, influence, and control." It said China Telecom made inaccurate statements to U.S. authorities about recordkeeping and made inaccurate public representations of cybersecurity practices. The 71-page redacted recommendation filed with the International Bureau said China Telecom "will be forced to comply with Chinese government requests without sufficient legal procedures subject to independent judicial oversight." It also said the company's U.S. operations are a route for Chinese state-sponsored actors "to engage in economic espionage and disrupt and misroute U.S. communications traffic." The "security of our government and professional communications, as well as of our most private data, depends on our use of trusted partners from nations that share our values and our aspirations for humanity," said Assistant Attorney General-National Security John Demers. DOJ said the recommendation was by it and the Departments of Homeland Security, Defense, State, Commerce and the U.S. Trade Representative. The FCC and China Telecom didn't comment.
Don’t use an industry dispute with three Missouri cities as a “basis for a sweeping preemption of local governments’ rights of way ordinances and fees,” NATOA replied to a petition from Bluebird Network and Uniti Leasing (see 2003240036). The FCC shouldn’t intervene because Telecom Act Section 253 says local governments shouldn’t have to go to Washington, D.C., to defend local actions, NATOA said. That’s especially so with the petition that’s “fraught with factual disagreements that preclude resolution through a declaratory ruling on this record,” it said. Pre-empting the Missouri cities' “unlawful duplicative fees ... will set a meaningful precedent for other similarly-situated localities,” T-Mobile replied. It would show FCC support for telecom deployment, said Crown Castle. The FCC “would be comfortably within precedent” if it determines duplicative obligations are preempted and clarifies that “any fees in excess of a locality’s reasonable costs run afoul of Section 253,” said Bluebird and Uniti: It “would pave the way for the quick resolution of this matter and ... create a clear standard that would reduce uncertainty and speed the deployment of broadband facilities nationwide.” Replies were posted through Wednesday in docket 20-46.