The Senate confirmed FTC nominee Alvaro Bedoya 51-50 Wednesday, restoring Chair Lina Khan’s Democratic majority at the commission. The Senate Commerce Committee voted unanimously during a hearing in support of a proposal that would end the agency’s practice of so-called “zombie voting,” a tactic Democratic Commissioner Rohit Chopra used after he left the agency (see 2112030042).
A draft FCC NPRM extending the alternative connect America cost model (A-CAM) program would make needed updates to the program and deliver higher speeds to a wider range of consumers if it's adopted during the agency’s May 19 meeting, industry experts told us. The item is based on a proposal from the A-CAM Broadband Coalition and would give participating providers more financial support to deliver speeds of at least 100/20 Mbps (see 2010300055).
The Biden administration’s Monday announcement (see 2205060046) that 20 ISPs committed to offer low-income households broadband plans with download speeds of at least 100 Mbps at no more than $30 per month got a mixed reception among communications policy stakeholders. All of the participating ISPs -- which include Altice, AT&T, Charter, Comcast, Cox, Frontier, Mediacom and Verizon -- were already part of the FCC’s affordable connectivity program that subsidizes qualifying households’ broadband up to $30 per month. The White House said the participating ISPs cover more than 80% of the U.S. population.
The Communications Workers of America asked aides to FCC Chairwoman Jessica Rosenworcel to "open a proceeding to determine the full scope its authority" for expanding the USF's contribution base, said an ex parte filing posted Friday in docket 21-476 (see 2202180046). The group said it should include "enterprise-oriented data services that rely on broadband infrastructure." The FCC should also "explore how edge companies can participate in fair cost recovery," the group said.
FCC commissioners and industry groups stressed the need for USF changes during Free State Foundation’s annual policy conference Friday. Panelists also urged close coordination among agencies throughout the implementation of broadband programs funded by the Infrastructure Investment and Jobs Act.
Senate Public Works Committee ranking member Shelley Moore Capito, R-W.Va., and Sen. Amy Klobuchar, D-Minn., filed the Rural Broadband Protection Act (S-4126) Tuesday in a bid to change FCC vetting rules for participants in USF high-cost programs. The measure would require the FCC to “initiate a rulemaking proceeding to establish a vetting process” for USF high-cost applicant ISPs, including requiring them to provide “sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network.” The FCC would be required to evaluate new applications based on “reasonable and well-established technical standards,” including those the commission adopted for its Form 477 Data Program “for purposes of entities that must report broadband availability coverage.” Meetings with “small rural service providers and state and local officials in West Virginia … made it abundantly clear the FCC needs congressional direction to ensure taxpayer money is being used properly to fund broadband deployment in rural areas,” Capito said in a statement. “By verifying that providers can actually deliver on the promises made to bring high-speed internet to specific areas, we can maximize the influx of broadband dollars.” Capito’s office cited support from NTCA CEO Shirley Bloomfield.
Public Knowledge urged the FCC to create a USF device voucher program and modify the Lifeline program to be a successor to the affordable connectivity program, in a call with an aide to FCC Chairwoman Jessica Rosenworcel. “The lack of a device is one of the biggest barriers to connectivity -- and those impacted are primarily low-income or marginalized,” said a filing posted Friday in docket 21-476. “Over half of low-income Lifeline households don't own a computer or tablet. Many more may share just one device amongst a whole household, forcing families to make difficult choices about who can connect at any given time.”
E-rate groups and industry broadly rejected the FCC’s proposal to establish a centralized online bidding portal for the E-rate program, as expected (see 2112070053). Groups asked the agency to abandon the NPRM, saying the record doesn’t reflect a need for such a change to E-rate, in comments posted Thursday in docket 21-455.
Regulatory Commission of Alaska (RCA) members voted unanimously to grant a motion deferring discussion on Alaska USF matters during a virtual meeting Wednesday (see 2204130061). Despite voting in favor, Chairman Robert Pickett noted he had “some very strong reservations” about doing so: “I think there are some things that would be helpful, but they’ll just have to come out at a later date.” Also adopted was an order to establish a comment period of 30 days, 20 for replies, on RCA staff and Alaska Remote Carrier Coalition proposals.
T-Mobile misled the California Public Utilities Commission with false statements about its CDMA shutdown and should pay nearly $5.3 million for violating the commission rule 1.1, ruled CPUC Administrative Law Judges Karl Bemesderfer and Robert Mason Monday. The decision in docket A.18-07-011 will become final in about a month if no party appeals and no commissioner requests review. While penalizing T-Mobile for statements made to the commission, the CPUC rejected a Dish petition last month to modify the state commission’s April 2020 T-Mobile/Sprint OK (see 2203170072). T-Mobile "falsely represented that there would be a three-year customer migration period (2020-2023)" for Sprint customers to T-Mobile and Boost Mobile customers to Dish Network, the ALJs wrote. Saying that offense was serious, the ALJs said they scaled back the penalty in consideration of recent T-Mobile/Dish talks to resolve their dispute. The CPUC relied on various T-Mobile representations about "a three-year migration period, which were made on the record and under oath,” when it included that migration timeline in its order approving the deal, the ALJs said. "At no time prior to announcing that it planned to end the migration period" Dec. 31 "did T-Mobile alert the Commission and DISH that the various representations quoted above had been misinterpreted." They said it was "telling that, except for T-Mobile, the Commission and all other parties to the proceeding came away from” a Dec. 5, 2019, hearing “with the understanding that the migration period would be three years.” The ALJs rejected “T-Mobile’s attempt to whitewash” Chief Technology Officer Neville Ray’s testimony at a September 2021 hearing (see 2109210040 and 2109200065), saying “T-Mobile’s efforts to deny these promises and its expressed intent to shut down its CDMA network prior to the completion of the three-year migration period have misled the Commission.” T-Mobile suggested it was “nothing more than a misunderstanding that does not rise to the level of a Rule 1.1 violation,” but that argument is “factually and legally incorrect," since T-Mobile never tried to correct the record, they said. T-Mobile didn’t comment Tuesday. In a separate matter, the carrier disagreed Monday with the CPUC seeking up to $230 million in possible fines for subsidiary MetroPCS failing to remit California USF payments for prepaid phone service (see 2204250049).