Rural telco groups asked the FCC to postpone and redo broadband testing duties for RLECs and other smaller providers of fixed service receiving high-cost Connect America Fund support. WTA and NTCA made the requests in applications for review by commissioners of a July 6 staff order (see 1807060031). Petitions for reconsideration (and in some cases clarification) were filed jointly by USTelecom, ITTA and the Wireless ISP Association, and individually by ViaSat, Hughes Network Systems and Micronesian Telecommunications. Filings were posted Wednesday and Thursday in docket 10-90.
The hold Sen. Dan Sullivan, R-Alaska, placed on FCC Commissioner Brendan Carr’s reconfirmation is a temporary roadblock that will further delay securing Carr for a full five-year term ending in 2023 and unlikely to completely derail a vote this year, lawmakers and lobbyists said in interviews. Sullivan told us Wednesday night he placed the hold on Carr because of his continued concerns about FCC handling of the USF Rural Health Care (RHC) Program under Chairman Ajit Pai (see 1809120056). Confirmation of Carr and FCC nominee Geoffrey Starks has stalled repeatedly since Senate Commerce Committee Chairman John Thune, R-S.D., first tried to fast-track the two in June (see 1808230040).
The hold Sen. Dan Sullivan, R-Alaska, placed on FCC Commissioner Brendan Carr’s reconfirmation is a temporary roadblock that will further delay securing Carr for a full five-year term ending in 2023 and unlikely to completely derail a vote this year, lawmakers and lobbyists said in interviews. Sullivan told us Wednesday night he placed the hold on Carr because of his continued concerns about FCC handling of the USF Rural Health Care (RHC) Program under Chairman Ajit Pai (see 1809120056). Confirmation of Carr and FCC nominee Geoffrey Starks has stalled repeatedly since Senate Commerce Committee Chairman John Thune, R-S.D., first tried to fast-track the two in June (see 1808230040).
Federal judges blocked, for now, FCC restrictions on enhanced tribal Lifeline subsidies that bar resellers and residents of non-rural areas from the extra low-income USF support. The commission's 2017 order "will be stayed pending further [court action] insofar as the Order purports to limit eligibility for the Tribal Lifeline enhanced subsidy to 'facilities-based' service providers, and to limit eligibility for that program to 'rural areas,'" said the Friday ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC, No. 18-1026, and a consolidated case. They said petitioners showed a "likelihood of success on the merits" of their challenges, and that they'll suffer "irreparable injury absent a stay." Some said the decision further complicated an FCC proposal to ban resellers from Lifeline support in general.
Federal judges blocked, for now, FCC restrictions on enhanced tribal Lifeline subsidies that bar resellers and residents of non-rural areas from the extra low-income USF support. The commission's 2017 order "will be stayed pending further [court action] insofar as the Order purports to limit eligibility for the Tribal Lifeline enhanced subsidy to 'facilities-based' service providers, and to limit eligibility for that program to 'rural areas,'" said the Friday ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in National Lifeline Association v. FCC, No. 18-1026, and a consolidated case. They said petitioners showed a "likelihood of success on the merits" of their challenges, and that they'll suffer "irreparable injury absent a stay." Some said the decision further complicated an FCC proposal to ban resellers from Lifeline support in general.
The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
The FCC will auction off three more high-frequency bands in the second half of 2019, Chairman Ajit Pai said Wednesday as he unveiled the items for an Aug. 2 commissioners’ meeting. Pai said the meeting will focus on 5G, with draft rules for the first high-band spectrum auctions targeted for a vote. Pai also tentatively plans votes on a draft order to adopt "one-touch, make-ready" pole attachments and bar state and locality moratoriums on network buildouts, a draft order on broadcast ownership diversification through incubators and a draft notice of inquiry on creating a $100 million telehealth pilot program.
The FCC should try harder to thaw the separations freeze, two state members of the Joint Board on Separations and the state chair of the Joint Board on Universal Service said in interviews ahead of NARUC's summer meeting. They complained that the federal side of the Joint Board isn’t engaging to update separations factors set more than 30 years ago and first temporarily frozen in 2001. NARUC members plan to vote next week in Scottsdale, Arizona, on asking the FCC to extend the freeze’s 2018 expiration by two years, and other draft resolutions related to the Lifeline national verifier, IP captioned telephone service (IP CTS) and a precision agriculture bill pending in Congress (see 1807030052).
CTIA said the FCC is in no position to determine if any telecom companies are a threat to U.S. security, and it should work with the Department of Homeland Security, which has more expertise in the area. Other commenters also urged caution. The Rural Wireless Association said the FCC has already chilled investment in rural networks. Reply comments were posted this week in docket 18-89 on the NPRM approved 5-0 by commissioners in April (see 1804170038).