FCC Chairman Ajit Pai intends to “take proactive steps to help ensure the integrity of the communications supply chain in the United States in the near future,” he said in March 20 letters to 18 lawmakers released Friday. The proposal would reduce FCC subsidies to carriers that use Huawei equipment or products, including barring them from receiving USF funding, a communications sector lobbyist told us. The FCC didn’t comment on the contours of the plan. Senate Majority Whip John Cornyn, R-Texas, Sen. Angus King, I-Maine, and other lawmakers wrote Pai in December to raise concerns about reports Huawei was set to begin selling its consumer products in the U.S. as soon as this year “with little or no modifications" to address privacy and cybersecurity concerns. The lawmakers cited 2012 and 2013 House Intelligence Committee reports detailing Huawei’s ties to the Chinese government. The 2012 report recommended the U.S. “view with suspicion” any attempts by Hauwei to continue making inroads into the U.S. market (see 1210100053 or 1210100091). AT&T and Verizon “abandoned” plans to sell Huawei’s Mate 10 pro smartphone, but “I share your concerns about the security threat that Huawei and other Chinese technology companies pose to our communications networks,” Pai said in letters to the lawmakers. Best Buy has said it will also stop selling Huawei products. Pai said he's taking action on supply chain security after a recent “briefing on these issues from the Intelligence Community.” The FCC itself already doesn’t “purchase or use” Huawei or ZTE products or equipment “and I do not expect that would change if a major U.S. communications company partnered with Huawei,” Pai said. Huawei and ZTE didn’t comment.
The FCC shouldn’t eliminate requirements that broadcasters send hard copies of contract documents to the agency without also requiring that all such documents be posted in broadcasters’ online public files, commented the American Cable Association and said interest groups including Common Cause, the Communications Workers of America and Media Alliance. The comments in docket 18-4 responded to an NPRM (see Notebook at end of [Ref:1801300026]). The NPRM proposed allowing broadcasters to provide in their online public files lists of some contract documents that could be made available on request. ACA and the interest groups said that’s insufficient for documents on ownership. Eliminating the contract rule “without making certain corresponding changes to the public file rules will result in less transparency" on broadcasters’ ownership-related contracts, ACA said. The FCC should require copies of all such documents to be included in broadcaster public files within 30 days of their execution, the interest group filing said. ACA and the groups said broadcasters could redact sensitive data in such filings, but the FCC should allow only data that's confidential or proprietary to be redacted. The agency should allow interested parties to oppose specific redactions, ACA said. The only other comment, from America’s Public Television Stations, CPB and PBS, supported the FCC proposal: “Elimination of the paper copy filing requirement will reduce regulatory burdens on broadcasters (and save paper) without impact on the FCC’s or the public’s ability to review such documents.”
The Internet Association moved to intervene in the case against the FCC net neutrality repeal in the 9th U.S. Circuit Court of Appeals. "The internet industry will continue to fight for net neutrality protections that help consumers, foster innovation, and promote competition for the entire online ecosystem,” said CEO Michael Beckerman Thursday. "Without these legal protections, internet companies and consumers will have no effective legal recourse against broadband providers that distort competition and impede communication by preventing or discouraging consumers from reaching the online content of their choice," said IA's court motion (in Pacer) in County of Santa Clara v. FCC, No. 18-70506 (in Pacer) and consolidated cases. San Francisco's motion to intervene in support of a California Public Utilities Commission petition was granted, and NARUC's motion to intervene in support of petitioners is pending. The American Cable Association, CTIA, NCTA, USTelecom and Leonid Goldstein have pending motions to intervene in support of the FCC. Also pending is a request from Mozilla and other petitioners to transfer the case to the D.C. Circuit (see 1803190042).
Broadcasters “have made no substantive case” that letting them use vacant channels for the ATSC 3.0 transition would benefit the public interest, Microsoft replied Wednesday in docket 16-142. Broadcaster arguments that unlicensed uses don’t have guaranteed access to spectrum are “a distraction,” Microsoft said. “No prospective user is entitled to use spectrum for which it does not yet hold a license.” The FCC isn’t being asked to give white space users interference protection from broadcasters, Microsoft said. “It is being asked to grant new spectrum to companies that have said they don’t need it,” the company said, referring to the broadcasters. The Dynamic Spectrum Alliance agreed, saying allowing broadcasters to use vacant channels would “diminish” prospects for white space devices “as the uncertainty over the ‘temporary’ nature of the dedicated transition channels will chill large-scale investments.” The FCC should “hold the line” on simulcast rules, NCTA said. With 3.0 authorized, broadcasters “insist on generous waivers of the requirements codifying their promises,” NCTA said. “The simulcasting rules are already excessively generous to broadcasters at viewers’ expense.” NCTA took aim at noncommercial stations’ request for a blanket simulcasting waiver, urging the FCC to deny it. PBS, America’s Public Television Stations and the CPB said the agency shouldn’t delay granting the blanket waiver because NCEs aren’t often located near prospective simulcasting partners. “It is precisely in those areas with few over-the-air options that it makes sense to preserve, not reduce, the number of viewable -- i.e., ATSC 1.0 -- signals,” NCTA said. NAB, One Media, the American Cable Association and interest groups including Public Knowledge also commented (see 1803210025).
House members said FCC Chairman Ajit Pai should abandon his Lifeline plan "to drastically cut back the congressionally-mandated" USF program subsidizing phone and internet services to low-income people. "The FCC recently proposed to exclude the majority of carriers from participating in the program and to arbitrarily cap the fund," said a letter Wednesday to Pai in docket 17-287 from Rep. Anna Eshoo, D-Calif., and 67 colleagues. "While you have stated that you are aiming to curb waste, fraud, and abuse, experts have repeatedly testified that the sorts of measures you are proposing do not have a successful track record. These approaches merely force millions of otherwise qualified people to lose service. These measures could be especially brutal during periods of economic downturn when people need the most help. ... Remarkably, among the comments filed by key stakeholders [in] the docket, we are not aware of any that fully embrace the Chairman's proposal, and most urge substantial revision if not outright abandonment of the proceeding." They urged Pai to focus on implementing a national verifier of consumer eligibility for the program. The FCC declined comment.
Broadcasters seeking to use vacant channels for the ATSC 3.0 transition are attempting to “squat” on free spectrum, said Consumers Union, Public Knowledge and the New America Foundation's Open Technology Institute in replies in FCC docket 16-142 Tuesday on a Further NPRM on the new standard (see 1802210064). Allowing temporary use of the vacant channels “will trigger a lobbying frenzy to make the giveaway permanent,” the groups said. That claim is “nonsense,” said One Media. “The use would be temporary in the same way the second simulcast digital channel provided to broadcasters during the analog-to-digital conversion was temporary.” Special temporary authority process would govern channel provision, ensuring temporary use, Pearl said. Mutually exclusive applications for vacant channels during the switch will be unlikely because broadcasters will coordinate with each other, but would be resolved with auctions as the rules require, NAB said. Giving broadcasters access to vacant channels “is not necessary at this time to protect consumers and it comes at a high cost,” said the interest groups. The vacant channels will let stations maintain signal quality during the transition, NAB said. “Any party claiming to be concerned about consumer protection during the Next Gen deployment should support the use of vacant channels as a concrete step that may help to minimize disruption of service.” Granting broadcasters' vacant channel request will impose costs on MVPDs, the interest groups said. “If the broadcaster‘s 1.0 signal is transferred to a transmitter other than one that is already transmitting a broadcast signal being carried by the cable system, the cable operator would need to purchase and install new receiving equipment.” The broadcaster entities also said the FCC should be flexible in granting waivers of the 3.0 simulcast requirements, and Pearl said the agency should grant blanket waivers for noncommercial and Class A stations. “Implementing this exemption would show the Commission’s support for deployment of ATSC 3.0 across the country, particularly in more remote or rural areas,” said Pearl.
The Broadband Access Coalition push to tie together an Intelsat/Intel plan for clearing 3.7 GHz spectrum with its own plan for the 3.7-4.2 GHz band (see 1803190043) seems to run contrary to the goal of clearing that spectrum for 5G, Intelsat Vice President-Investor Relations Dianne Van Beber told us Tuesday. She said the BAC effort to authorize a licensed, point-to-multipoint fixed wireless service in the 3.7-4.2 GHz band arguably makes deployment of terrestrial mobile service more difficult, and the Intelsat/Intel plan is about clearing spectrum for 5G purposes.
FCC Commissioner Mignon Clyburn said the digital divide will grow wider if the agency's recent Lifeline USF proposals are implemented, adding to the net neutrality reversal. The proposals "would establish punitive caps on the Lifeline program, and effectively remove mobile wireless options from the program by banning wireless resellers from participating in Lifeline," she said in remarks prepared for delivery to The New School's Digital Equity Lab in New York City. "To destroy or weaken a program, that so many Americans rely on as their only means to dial 911, do their homework, or find a job, is not putting #ConsumersFirst, is heartless and I am hopeful that by giving voice to such a regulatory wrong, will derail this wrong-headed effort." The FCC's net neutrality repeal will allow "a handful of multibillion-dollar corporations" to "use this regulatory-free zone of opportunity, to disadvantage those without deep pockets, including consumers and small businesses," she said, also citing "a devastating effect on consumer privacy." The Lifeline proposals and net neutrality repeal "will actually widen digital and opportunities divides," she said, calling for allies to rally and “turn the tide.”
FCC Chairman Ajit Pai, live, and acting FTC Chairman Maureen Ohlhausen, on tape, will open an FCC/FTC program on illegal robocalls at FCC headquarters Friday (see 1803070020). Three panels will follow, plus remarks by FCC Commissioners Mignon Clyburn and Brendan Carr and FTC Commissioner Terrell McSweeny. The session opens at 9:30 a.m. in the Commission Meeting Room.
Uber halted autonomous vehicle test operations in the Phoenix area, Pittsburgh, San Francisco and Toronto, a spokesman emailed us Monday, after a self-driving Uber SUV struck and killed a pedestrian Sunday in Tempe, Arizona. The company is "fully cooperating with local authorities in their investigation of this incident," he said. One vehicle operator was in the front seat; no passengers were in the back seat, he said. A Tempe Police Department statement confirmed the accident occurred while the car was in autonomous mode, with a vehicle operator behind the wheel. The automobile hit a female walking outside the crosswalk, said police. She was transported to a local hospital where she died Monday, they said. Late Monday, Tempe police at a media briefing identified the pedestrian as Elaine Herzberg, 49, and said she was walking a bike across the street where she was struck. They identified the Uber vehicle operator as Rafael Vasquez, 44, and said he was "cooperative" with authorities and showed "no evidence" of "impairment." Authorities deferred to Uber questions about what the responsibilities of Vasquez were when the vehicle was in the autonomous mode.The National Transportation Safety Board is "sending team to investigate Uber crash in Tempe, Arizona," it tweeted Monday. "More to come." Uber didn't disclose the vehicle's maker, but authorities said it was a Volvo XC90 SUV. Consumer Watchdog, a frequent critic of commercializing autonomous driving without tight regulatory oversight (see 1709120050), wants “a national moratorium on all robot car testing on public roads until the complete details of this tragedy are made public and are analyzed by outside experts so we understand what went so terribly wrong,” emailed John Simpson, privacy and technology project director. "Arizona has been the wild west of robot car testing with virtually no regulations in place. That’s why Uber and Waymo test there. When there’s no sheriff in town, people get killed.” The accident in Tempe is "a reminder of the risk that comes with rushing to get more and more self-driving cars on public roads before we know they are safe," said David Friedman, Consumers Union director-cars and product policy and analysis. "The promise of self-driving cars is that they can avoid fatalities, but this tragedy makes clear they have a long way to go. Right now, Congress is focused on exempting these cars from safety standards in an effort to get them on the market faster. Congress needs to shift its focus to ensuring these cars are safe."