Litigation may be next for T-Mobile and the California Public Utilities Commission, after the carrier closed on buying Sprint without OK (see 2004010069). Assigned Commissioner Cliff Rechtschaffen ruled Wednesday that T-Mobile and Sprint may not combine California operations until after the PUC issues a final decision. Both carriers “have California subsidiaries that are public utility telephone corporations under state law, and subject to the jurisdiction of this agency,” so merging California operations needs commission OK, the commissioner wrote in docket A.18-07-011. T-Mobile didn’t comment Thursday. Litigation is certain, blogged Tellus Venture Associates President Steve Blum, predicting the carriers will ignore the order. “T-Mobile says its mobile business isn’t governed by California law. Rechtschaffen says it is, and it’s a good bet his fellow commissioners agree.” The agency “could sue to enforce its claimed jurisdiction over wireless mergers,” American Enterprise Institute Daniel Lyons blogged Thursday. “Even if it won, it would be difficult to unwind the merger.” Stakes “may be higher than simply California’s ability to attach conditions to the deal,” he said. “Other states may be satisfied with the law’s present ambiguity and have reason to fear a court battle that might limit state authority further.” Communications Workers of America slammed closing early, commenting to seek conditions to preserve jobs, current pay levels and employee rights. The California Emerging Technology Fund mostly supported the CPUC’s proposed conditional OK, asking the commission make the carriers' commitments to CETF enforceable and scale back some new proposed conditions. Proposed conditions aren’t enforceable and don’t mitigate anti-competitive effects, commented CPUC’s Public Advocates Office. They don’t protect universal service, said The Utility Reform Network. The deal would harm communities of color, said the Greenlining Institute.
The FCC Wireline Bureau extended E-rate deadlines to alleviate administrative burdens on school administrators transitioning to online learning and libraries dealing with COVID-19, it said Wednesday on docket 02-6. The order extends one year to June 30, 2021, the service implementation deadline for special construction for all funding year 2019 applicants and to Sept. 30, 2021, for nonrecurring services for FY 2019. It grants schools and libraries an automatic 60-day extension to file requests for review or waiver of Universal Service Administrative Co. decisions; gives an automatic 120-day extension of invoice filing deadline; and allows an additional 30-day extension to respond to certain USAC information requests. Last month, the bureau directed USAC to extend the deadline for FY 2020 E-rate applications to April 29, and temporarily waived gift rules (see 2003180054).
The canceled NAB Show would have been April 18-22. See our calendar.
Wednesday was Census Day, FCC Commissioners Jessica Rosenworcel and Geoffrey Starks reminded. Rosenworcel tweeted a phone number for those lacking broadband. Many libraries that had planned to provide access during the first largely online census (see 2001120001) closed due to the pandemic. The Census Bureau said Friday it's temporarily suspending in-person interviews. “Americans can fill out the census online until August 14 -- but only if they have access to the internet," Starks told us in a statement. "Anything we do now to get Americans connected on an emergency basis as part of the COVID-19 response will also help increase online census participation. It’s another good reason why we need to get a connectivity stimulus.” While a third of households responded to the census, "we have a long way to go, made more difficult by the coronavirus,” emailed Rosenworcel. “The Census Bureau’s field operations are on hold for the moment, but once we get through the worst of this crisis, they will need to direct those resources to where responses are lagging and internet access is scarce. So, the FCC should do everything within its power to assist the Census Bureau.”
Comments are due April 30, replies June 1 on whether the FCC should share network outage reporting system and disaster information reporting system read-only outage reports with state and federal agencies and with other public safety officials, said Tuesday's Federal Register. Commissioners voted in February (see 2002280069).
Shane Tews is the correct spelling of her name (see 2003300053).
The FCC will confirm whether any pending enforcement cases or investigations that have resulted in an "enforcement hold" could prevent license renewal application processing, said an Enforcement Bureau public notice Tuesday. The guidance detailed how to request information about holds via email.
Commissioner Mike O’Rielly told reporters his expectation is the FCC will vote on a 6 GHz item at the April 23 commissioners’ meeting (see 2003300053). “I certainly hope it is part of that agenda for next meeting,” he said Tuesday: “We’ll see it tomorrow. You’ll see it in a couple of days. … I worked with my colleagues and the commission staff to get it on [the April] meeting.”
The FCC Wireline Bureau acted Monday to keep subscribers from being kicked out of the Lifeline program during the COVID-19 pandemic. An order waived until May 29 usage requirements and general de-enrollment procedures and recertification and reverification requirements. “Requiring Lifeline subscribers to potentially leave their homes either to gather the necessary documentation to prove their continued eligibility in the program or to re-enroll in the Lifeline program after being de-enrolled for non-usage would create a potential risk to public health and be contrary to the public interest,” the bureau said. Staff will consider further steps. The order said eligibility requirements “remain in effect, and those who are not eligible for the program may not enroll.”
Huawei questioned the legality of rules barring U.S. providers from using its and ZTE's equipment in networks funded by the USF, in comments on implementation of the Secure Networks Act (see 2003120061). Filings were posted in dockets 19-351 and 19-352 Monday. “Since June 2018, Huawei has repeatedly highlighted the constitutional, statutory and procedural flaws in the Commission’s approach to addressing national security risks to the communications supply chain,” the Chinese vendor said. The Networks Act “requires the Commission to rely on specific national security determinations made by other agencies (or Congress) and does not allow the Commission (or the Bureau) to make such judgments itself,” Huawei said. ZTE cited differences between November's order (see 1911220033) and the act and said decisions about covered companies must be made by “an executive branch interagency body” not the commission acting alone. The agency should first focus on reimbursements for companies that need to replace equipment from the Chinese vendors, the Rural Wireless Association said. RWA said COVID-19 raises new concerns: “Given the unprecedented events of the last few weeks, the fact that the Secure Networks Act does not require final designation until 2021, and the ultimate desire by all parties operating covered company equipment to replace those elements as soon as practicable, the Commission should abstain from issuing any final designation public notice before March 2021.” WTA asked the FCC to reconsider its rules. “A plain reading of the Act requires the Commission to replace its current designation process with an equipment-centric approach instead of the company-centric approach it adopted,” WTA said. USTelecom said the FCC must rely on language in the National Defense Authorization Act for FY 2019 in crafting rules. The act “compels the Commission to confirm its designation of Huawei and ZTE as entities that produce covered equipment,” the group said: The earlier supply chain order "presented significant evidence describing why both Huawei and ZTE warrant designations as ‘companies that pose a threat to national security.’”