The FCC is closing the open window at its headquarters and won't accept filings delivered by hand, it said in public notice and Friday's Daily Digest. Effective immediately, the change comes in response to the COVID-19 pandemic, the agency said. "We encourage outside parties to take full advantage of the Commission’s various electronic filing systems," it said. It will continue to accept materials by mail and overnight services. Earlier this month, FCC headquarters was closed to most visitors (see 2003120063).
Olivia Wein is the correct spelling of the name of a National Consumer Law Center attorney (see 2003180035) ... Comcast backs calls to have no retransmission consent blackouts during the novel coronavirus epidemic (see 2003180072). We incorrectly reported the company didn't comment by our deadline Wednesday (see 2003180036).
President Donald Trump’s renomination of FCC Commissioner Mike O’Rielly Wednesday drew widespread praise. O’Rielly would serve a term ending June 30, 2024 (see 2003180070). His current term ended in June, but he can remain until this Congress ends at the beginning of 2021 (see 1910250039). “I am deeply appreciative of the President’s decision and his aggressive leadership on communications policy, including extensive efforts to bring broadband access to all Americans,” O’Rielly said. As a commissioner “I have advocated for preserving and advancing American free market principles to develop common sense regulation and eliminate unnecessary rules that hurt consumers.” It’s “gratifying to watch the private and public sectors pulling together to rise to the occasion” amid the COVID-19 pandemic and other “monumental challenges currently confronting our nation,” he said. Trump “made a wise choice,” said FCC Chairman Ajit Pai. O’Rielly has “made many contributions to the work of the Commission, from his leadership on 3.5 GHz spectrum policy to his unwavering advocacy against state misuse of 911 funding. And when we were in the minority, he consistently stood on principle while being pragmatic.” O’Rielly’s “tireless work ethic has helped deliver many good wins for this country during his time on the Commission,” said Commissioner Brendan Carr. O’Rielly “is incredibly knowledgeable on communications policy matters and has contributed so much to the work of the agency,” said Commissioner Jessica Rosenworcel. Commissioner Geoffrey Starks also congratulated O’Rielly. CTIA President Meredith Baker highlighted O’Rielly for being “a champion for smart spectrum policies, ending 9-1-1 fee diversion.” NAB “supports the renomination,” said CEO Gordon Smith. Charter Communications, Comcast, the Competitive Carriers Association, Incompas, Wireless Infrastructure Association and Wireless ISP Association also applauded the renomination.
The FCC Wireline Bureau waived gift rules through Sept. 30 for the E-rate and Rural Health Care programs to help schools, libraries and healthcare providers better respond to COVID-19 outbreaks, in an order Wednesday on docket 02-60 (see 2003180048). Waivers in the healthcare program are limited to providers involved in screening and treatment of COVID-19 or mitigating its spread, the order said. The E-rate waiver is limited to eligible entities adjusting to school or library closures due to COVID-19, regardless of the USF program's funding year. The FCC will monitor whether extensions are needed. “By waiving certain FCC rules today, we are giving service providers the chance to step up and give health care providers more tools to fight the ongoing pandemic and serve patients more effectively," Chairman Ajit Pai said. He encouraged "service providers and equipment makers to partner with schools and libraries to provide mobile hotspots and other broadband-enabled devices to students to help bridge the digital divide during the coronavirus pandemic." Such efforts could complement the agency's work with Congress to appropriate funds for a remote learning initiative and a COVID connected care pilot, Pai said, adding such programs would allow the agency to use federal funds to support in-home equipment for patients and students affected by the pandemic. The agency's Connected Care pilot remains in the rulemaking stage, and it sought comment on whether the program should subsidize patient monitoring equipment and broadband to the home (see 1906190013). Commissioner Jessica Rosenworcel called the gift waivers a smart step. "But let’s not confuse generosity for justice," she said. "We need a national plan to ensure that everyone is connected during these unprecedented days." She wants the FCC to use its "universal service powers" to provide hotspot loans to students caught in the homework gap, and connectivity for telehealth services to support treating coronavirus patients and those quarantined. Stakeholders for USF programs supporting anchor institutions expect a spike in telehealth (see 2003060036) and online learning (see 2003170014) this year. The Schools, Health & Libraries Broadband Coalition asked the FCC to waive the gift rules, in a letter Tuesday (see 2003170014). The gift ban was in place to prevent undue influence in the competitive bidding process, SHLB Executive Director John Windhausen told us. SHLB views this as "a timely step,” he emailed Wednesday. “The coronavirus is putting online learning and telemedicine in high demand ... We hope the FCC will continue to be proactive.”
DOJ plans to file 12 to 18 amicus briefs this year in antitrust cases in which the government isn’t a party, Deputy Assistant Attorney General Michael Murray said Tuesday. That would be fewer than 2019, Murray said, citing resources needed for Antitrust Division investigations. Some briefs filed last year resulted in oral argument participation, which requires additional resources, Murray told the New York State Bar Association. He cited his argument for the division in FTC v. Qualcomm before the 9th U.S. Circuit Court of Appeals (see 2002140026). He also cited Apple v. Pepper (see 1811260039), in which the division argued in favor of Apple.
The Department of Transportation asked the FCC to drop plans to reallocate part of the 5.9 GHz to public safety. Commissioners voted 5-0 in December to examine revised rules for the band, reallocating 45 MHz for Wi-Fi, with 20 MHz reserved for cellular vehicle to everything (V2X) and possibly 10 MHz for dedicated short-range communications (see 1912180019). When the FCC will act is unclear (see 2003090059). “The preservation of the entire 5.9 GHz band for V2X communications offers the Nation an advantage for maintaining and extending leadership in the deployment of innovative V2X applications, including those related to automation,” DOT said in a filing in docket 19-138, posted Monday: “These safety innovations and improvements may be lost should the Commission proceed with its proposed reallocation of the 5.9 GHz band.” The issues are complicated, DOT said. The department “remains of the view that the Commission's proposal fails to account for all relevant factors bearing upon its proposal, including V2X spectrum benefits, technology maturity, innovation and growth in V2X applications, and the likelihood of harmful interference from adjacent-channel Wi-Fi operations.” The FCC also never “addressed the concerns that US DOT previously raised about the NPRM before it was issued,” the filling said. Advocates for Highway and Auto Safety said the entire band should be reserved for safety to curb deaths and injuries on U.S. roads. “Repurposing a section of the band reserved for vehicle safety communications to permit unlicensed operations presents substantial safety concerns,” the group said in a filing posted Tuesday: “The messages transmitted on the band for connected vehicle technologies must be secure, timely and accurate in order to save lives. If these messages were infected or altered by hackers and vehicles performed unintended maneuvers, the results could be catastrophic.”
The FCC Wireline Bureau is taking comments through March 27, replies April 10, on proposed competitive bidding procedures for Auction 904 in the upcoming Rural Digital Opportunity Fund, says Tuesday's Federal Register notice for docket 20-34 (see 2002280002).
Despite some continuing advocacy for 211 as a nationwide three-digit suicide prevention hotline (see 2002180021), 988 is the best route, mental health interests told the FCC in docket 18-336 reply comments posted Monday. No telecom party replies are posted. The Substance Abuse and Mental Health Services Administration said dual use of 211 would cause user confusion and lead to crisis centers getting more of the information and referral 211 calls, diverting resources from crisis intervention. Not all 211 centers have crisis call capacity and using 988 means clear accountability and responsibility for the system, it said. The National Alliance on Mental Illness also cited possible confusion issues as it said 988 is a better choice than 211. Mental Health America said the FCC needs to guarantee universal access to 988 without dialing delays or coverage gaps, regardless of how long implementation takes. Due to the hurdles to care that minorities and the LGBTQ populations often face, it said there must be specialized training for counselors and establishment of an integrated voice response that routes calls to organizations that specialize in those populations. Crisis Text Line said texting shouldn't be part of the FCC's proposal, but if it is, the agency needs to supplement the record on the big challenges that text-based crisis counseling services face. Adding texting atop the increased call volumes the National Suicide Prevention Lifeline is expected to get due to a three-digit option "risks overwhelming the system," it said.
The Communications Workers of America and consumer groups sent major broadband providers a letter Monday urging them to lift all data caps and waive cap fees for all customers as the COVID-19 pandemic continues. The companies should also “remove barriers to immediate access to service plans, including any waiting period to enroll” and “share with the FCC data collected on the number of customers served, by what packages, and where expanded services were provided during the emergency.” The letters went to Altice, AT&T, CenturyLink, Charter Communications, Comcast, Cox Communications, Frontier Communications, Sprint, T-Mobile and Verizon, CWA said: Groups endorsing the push include Common Cause, Consumer Reports, Free Press, The Leadership Conference on Civil and Human Rights, MediaJustice, the National Consumer Law Center, the National Hispanic Media Coalition, New America's Open Technology Institute, Public Knowledge, The Utility Reform Network and United Church of Christ Office of Communication.
TechFreedom President Berin Szoka is stepping down after nearly 10 years, following tweeting earlier last week it would be poetic justice if President Donald Trump were to die from the coronavirus. He was replaced by Shane Tews, from American Enterprise Institute, a longtime member of the group's board. “I’ve been waiting for over a decade to actually write a book and spend less of my time responding to day-to-day changes in technology debates, and laying out the vision that’s always guided my work,” Szoka said in an interview: “I’m excited to do that.” He said he regrets posting the tweet: “It was a bad idea and I’ve said so.” Szoka said he views Tews as a longtime mentor and supporter: “I couldn’t ask for a better person to step in.”