Rural telco officials are hopeful the FCC will approve a draft order offering rate-of-return RLECs more USF support if they will deploy more 25/3 Mbps broadband. The draft is on the agenda for Wednesday's commissioners' meeting. "I haven't heard any opposition," WTA Senior Vice President Derrick Owens told us Monday, declining to make a prediction but backing the draft: "The draft order showed us what we were looking for. Our folks thought it was favorable and helpful to them in deploying more broadband." ITTA "supported the draft order and we’re hopeful the commission will adopt it," said President Genny Morelli. Chairman Ajit Pai appears to have the votes for the draft order, said an industry representative, who expects the vote to be unanimous. There might be "discrete issues that one or more commissioners are vocal about," possibly in concurring, the representative said: "But I don’t see any dissents." Pai responded recently to numerous letters from lawmakers, including Senate Commerce Committee Chairman John Thune, R-S.D., seeking increased rural telco USF support. In exchanges posted Friday in docket 18-5, Pai highlighted the draft's main elements: (1) offering RoR carriers "another opportunity to opt in to model-based support," guaranteeing a "revenue stream for a decade in exchange for meeting specified buildout requirements"; (2) "ensuring support is sufficient by offering additional funding to carriers that currently receive model-based support and who agree to meet increased buildout requirements ... [and] increasing funding for carriers who do not receive model-based support"; (3) making the program more predictable by setting a new long-term budget for [RoR] carriers who choose not to opt in to model-based support and ending arbitrary funding cuts"; and (4) "increasing the target speeds for subsidized deployments from 10/1 Mbps."

Senate Communications Subcommittee Chairman Roger Wicker, R-Miss., told us Monday night he's abandoning plans for an amendment to FY 2019 federal spending legislation that would force the FCC to revisit its Mobility Fund phase II broadband-service coverage data (see 1812050049). Wicker cited the FCC's decision last week to investigate if top wireless carriers submitted incorrect coverage maps in violation of MF II rules (see 1812070048). Longstanding concerns about the FCC's broadband mapping tactics “would be moot” given the new investigation, Wicker said. “I don't think the [MF-II] auction will proceed any time soon based on the investigation that's going to be required.”

The FCC “wants to create flexibility for broadcasters to do new things that are beyond their core,” but the free “component is still really important,” said Martha Heller, chief of the FCC Media Bureau Policy Division, at the TV of Tomorrow conference in Manhattan. “A big part of our regulatory framework is that we’re obviously requiring broadcasters to continue providing at least one free over-the-air channel to consumers. Beyond that, we recognize that spectrum is going to be much more efficient in this new standard.” Local-simulcast rules on 3.0 “are an important part of this to make sure that consumers don’t lose access to the stations they can get today,” since 3.0 won’t be backward-compatible, Heller said Thursday. Over-the-top video delivery services can be a “template” for many things stations can do with 3.0 in addition to providing linear, terrestrial TV services, said John Hane, president of the SpectrumCo consortium that includes Nexstar and Sinclair (see 1812070038). "Think about an OTT platform that doesn’t rely on a broadband connection being there all the time, that has some of the most valuable programming available for free.” Hane personally envisions "a base-layer video, and give that away free” in "standard definition," he said. “We could add enhancement layers that add HDR and other capabilities” that could be advertising-free under a subscription model, he said. He wants broadcasters to “think about an OTT platform that could be received everywhere on capable devices, whether there’s a broadband connection or not.”

With targets such as Supreme Court Justice Brett Kavanaugh and Verizon, plus speculation about his own political ambitions, FCC Chairman Ajit Pai's monologue at the FCBA Chairman’s Dinner Thursday was a wide-ranging roast. Noting the Washington Capitals' Stanley Cup win, Pai said it's "interesting the Capitals won only after they dropped Verizon from the building. Correlation? Causation? I don't know." He joked that Amazon didn't buy a table at the dinner "because the FCBA refused to fork over $600 million in subsidies." Facebook has faced controversy about privacy violation allegations and antitrust uncertainty, he said, but its "recent search innovation will ensure nobody in China will know about any of it." He singled out those at the American Cable Association table as "the only folks ... to be mentioned positively in a tweet by the president" (see 1811130039). Likening T-Mobile's planned buy of Sprint to the sitcom The Office, Pai said it's "up to the FCC to decide, are they more like Jim and Pam or Dwight and Angela? Because I never thought Dwight and Angela's relationship was necessarily in the public interest. A bunch of investment analysts now have to binge watch The Office." Pai said if the communications universe received a false emergency alert about an inbound ballistic missile due in 30 minutes, like the one received by Hawaiians in January (see 1801160054), Fight for the Future "would immediately start organizing a net neutrality 25 minutes of action" while "NAB would ask the FCC to extend the 39-month incentive auction repacking ... before Washington is destroyed." Sizable portions of the monologue involved sports. Pai, gushing about Kansas City Chiefs quarterback Patrick Mahomes, said, "If the Big Lebowski and a Reese's mug had a baby, it would be Pat Mahomes." The event also featured a "car karaoke" video of Pai and a variety of people -- from Richard Wiley of Wiley Rein to former Commissioner Mignon Clyburn -- singing along with Mariah Carey's "All I Want for Christmas is You" while he drove. Digs at Communications Daily were included. Pai asked attendees if they had read Comm Daily's brief report on wireless pet collars (see 1812030015), saying they can be worn not just by dogs, and his administration is all for "pet neutrality." Pai said he downloaded issues of publications including Comm Daily into an artificial intelligence program that wrote part of this monologue for him. In a serious moment, Pai honored deceased President George H.W. Bush and a number of FCC employees.

The FCC Office of Engineering and Technology sought comment Thursday on a waiver request by the 5G Automotive Association to deploy cellular vehicle-to-everything technology (C-V2X) in the upper 20 MHz of the 5.9 GHz band. The band is allocated to dedicated short-range communications. In October, an NCTA-led coalition urged the FCC to take a fresh look (see 1810160061). Chairman Ajit Pai is expected to do that (see 1811140061). Technology companies led by Qualcomm and automakers led by Ford put increasing focus on C-V2X as an alternative to DSRC (see 1803140055). The OET notice asks more narrowly for comment on the 5GAA petition. “5GAA claims that operating C-V2X in this band is consistent with the purpose and policy of allocating the 5.9 GHz band for short-range Intelligent Transportation System services, with ‘significant performance advantages ... when measured against DSRC,’” OET said in docket 18-357. “5GAA proposes conditions applicable to all operations under its requested waiver that it claims would ‘ensure that C-V2X will not have any larger potential for interference than DSRC operations currently permitted under the FCC Rules.’” Comments are due Jan. 11, replies Jan. 28. Michael Calabrese, director of New America's Wireless Future Program, told us the FCC shouldn’t rewrite the rules for the band by waiver. “We agree with Commissioners [Mike] O’Rielly and [Jessica] Rosenworcel that it is time for a broader rulemaking that takes a fresh look at how much spectrum is required for auto safety and whether that allocation should be in this band or somewhere else,” Calabrese said. “Times have changed. The 5.9 GHz band is a roadblock in the middle of the potential Wi-Fi superhighway that is needed to make America’s 5G wireless ecosystem the most accessible and affordable.” C-2VX “represents the next evolution in connected car technology and the first step towards leveraging 5G to increase safety on America’s roads,” said Sean Conway of Wilkinson Barker, counsel to 5GAA. “While industry stakeholders continue to discuss proposals for modernizing the rules for connected car technologies, this waiver request initiates the process by which the FCC can grant approval for near-term deployments.”

A final rule establishing the FCC Office of Economics and Analytics is scheduled to take effect Friday, says that day's Federal Register. The FCC said in October the office will open by year’s end with Giulia McHenry, now chief economist in the Office of Strategic Planning, as acting chief (see 1810250027). Commissioners approved the office in January over dissents by Jessica Rosenworcel and then-member Mignon Clyburn (see 1801300026). “The Office will be charged with ensuring that economic analysis is deeply and consistently incorporated into the agency’s regular operations, and will support work across the FCC and throughout the decision-making process,” the notice said. Revised 3.5 GHz band citizens broadband radio service regulations take effect Jan. 7 under a rule for Friday's FR (timetable), excluding three parts still needing Office of Management and Budget approval. Commissioners adopted a CBRS order Oct. 23 changing the size of priority access license areas from census tracts to counties, extending license terms to 10 years and making them renewable, putting in place end-of-term performance requirements, and allowing partitioning and disaggregation of PALs (see 1810230037). Revised wireless handset hearing-aid compatibility disclosure requirements also take effect Jan. 7 under a rule for Friday's FR (timetable). An HAC order adopted Nov. 15 replaces annual service provider reporting with certification and enhanced website disclosure duties (see 1811150033).

NCTA suggested the FCC link Telephone Consumer Protection Act liability protection to its draft order to create a reassigned phone number database to combat illegal robocalls, scheduled for a vote at Wednesday's commissioners' meeting. There should be "a safe harbor from TCPA liability for callers that make use of the reassigned numbers database contemplated in the draft," filed the group on meeting an aide to Chairman Ajit Pai, posted Wednesday in docket 17-59. Commissioner Mike O'Rielly voiced interest Tuesday in addressing TCPA liability and suggested changes could be made to the draft (see 1812040034). NCTA recommended language to provide a TCPA safe harbor "for callers that consult the reassigned numbers database within 31 days prior to calling and do not have actual knowledge that the number has been reassigned or that their consent to call the number has been revoked." It said there's "broad support" for "such a safe harbor because it would increase the incentive of callers to use the database and thereby reduce the number of calls made to reassigned numbers." The American Cable Association, CTIA, NTCA and USTelecom encouraged the FCC "to address TCPA liability issues promptly and provide a safe harbor for callers" using the database. They suggested "modest modifications" to the draft, including giving the North American Numbering Council at least nine months, instead of six, to issue recommendations for implementing and operating the database and devising fees. They asked the FCC to clarify that NANC "should consider minimizing the burdens on reporting providers as one of its primary goals" and to "build in processes to ensure" the group "can leverage expert and stakeholder input." There should be some flexibility for voice providers on complying with a proposed "45-day minimum aging period" before a permanently disconnected number can be reassigned, they added.

Comments are due Dec. 18, replies Dec. 26 on TracFone's petition asking the FCC to direct Universal Service Administrative Co. to make changes to the Lifeline national verifier (NV), said a Wireline Bureau notice Tuesday in docket 11-42. On behalf of its Assurance Wireless affiliate, Sprint asked the FCC to push back USAC Jan. 2 and Jan. 30 deadlines -- to Feb. 14 and March 16 -- for submitting "reverification information for certain customers affected by the launch of the [NV] in Colorado, Mississippi, Montana, New Mexico, Utah and Wyoming." Providers weren't advised until Nov. 16 of "availability of the final report listing the subscribers for whom updated documentation was required, and the type of additional documentation being requested," Sprint said. If the FCC decides to eliminate a streamlined eligible telecom carrier designation process, Comcast urged adoption of "guidelines and constraints" to ensure states don't "impose disparate and potentially costly obligations" inconsistent with federal criteria and policies, particularly on services and providers not otherwise under state regulation, it filed on meeting an adviser to Chairman Ajit Pai.

The FCC's proposed communications market report is drumming up criticisms and fans. The agency on Wednesday also released a draft of appendices that includes data used in developing the report and some broadband speed data from years past. In a docket 18-231 posting Wednesday, New America's Open Technology Institute recapped a meeting with staffers in Commissioner Jessica Rosenworcel's office at which it said until the report fixes methodological flaws and flawed assumptions about competition, commissioners shouldn't adopt it. OTI said Form 477 data "is fundamentally insufficient" for measuring broadband marketplace competition as it overstates the availability of broadband service. The group said the report contains "misguided and vague assumptions" about broadband competition, such as its assertion markets with two providers are competitive. The American Cable Association called the draft "thorough and comprehensive," recommending tweaks including addition of emphasis the cable franchise rulemaking should result in more investment in broadband and other services provided over cable networks. ACA pushed for addition of language making clear vertically integrated MVPDs have incentive and ability to raise costs on rivals like small cable systems, and existing rules can't fix such behavior. Comcast said the report should add Census Bureau and Centers for Disease Control and Prevention data about prevalence of U.S. households relying on smartphones or mobile devices for internet access and of wireless-only phone service. CTIA, recapping meetings with aides to Chairman Ajit Pai and Mike O'Rielly, lauded the report. The draft on the Dec. 12 agenda consolidates a variety of reports into one to fulfill Ray Baum's Act mandate (see 1811210032). In a public notice Wednesday about the report appendices, the agency said the broadband deployment data in the appendices reflect updated data received and processed after the release of the draft report, and that updated data will be used in preparing the final version. According to the broadband data, 94 percent of the U.S. has access to fixed 25 Mbps/3 Mbps speeds, 99.8 percent to mobile LTE 5 Mbps/1 Mbps speeds and 89 percent to mobile LTE 10 Mbps/3 Mbps speeds.

Consumers and industry benefit from economists "again hav[ing] a voice" at the FCC, American Enterprise Institute visiting scholar Mark Jamison blogged Tuesday. The role of economics dwindled in recent years, judging by the number of working papers and economic symposiums from the Office of Strategic Planning, he said. That decline in economic analysis shows up in the 2015 net neutrality order and 2016 set-top box proceeding, Jamison said. A paper in this month's Review of Industrial Organization by FCC economists about the role economic analysis played in the Communications Act Title II rollback, the "hedonic pricing model" in the international broadband data report and formation of the Office of Economics and Analytics is a signpost of returning "to the days when FCC economists made the regulatory community uncomfortable by pointing out where present practices and forward-looking economics are out of step," he said.