President Donald Trump signed into law the Improving Rural Call Quality and Reliability Act (S-96) Monday, the White House said. The House cleared the bill earlier this month along with the Kari's Law Act (HR-582), which Trump previously signed (see 1802090050 and 1802160032). FCC Chairman Ajit Pai welcomed the bill's signing, saying it was "unacceptable" that many rural Americans continue to have problems receiving long-distance calls. The new law "gives the FCC another tool to tackle this problem head-on," empowering the agency "to oversee a significant source of rural call completion failures: so-called ‘intermediate’ carriers who carry calls between originating carriers (on the caller’s side) and terminating carriers (on the recipient’s side)," he said. "The FCC now can also establish service quality standards for call completion by intermediate carriers, and the tools to hold them accountable.“

Sen. Ed Markey, D-Mass., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., filed their long-promised Congressional Review Act resolution to repeal the FCC nixing 2015 net neutrality rules. It sets the stage for an anticipated months-long push to bring the measure up for floor votes (see (see 1712110050, 1712120037 and 1712140044). Doyle and Markey touted what they perceive as growing momentum for the resolution, during a news conference in conjunction with the day's net neutrality “Day of Action.” Neither chamber's version has guaranteed majority support. Fifty senators and 150 House members have publicly declared as supporters or co-sponsors. Markey and other lawmakers emphasized the need for “one more” Republican senator beyond Sen. Susan Collins, R-Maine, to join in supporting the resolution for it to pass in that chamber. “Whose side are you on?” he asked Tuesday. Backers have been urging Republicans who haven't declared a position on the measure, including Sen. John Kennedy, R-La., to join them. Kennedy told us he hasn't made up his mind. “I had another long meeting today with the folks” at the Congressional Research Service, he said, noting he now has a “thick” file and he's “still adding” information on the pros and cons of the resolution. If more Republicans don't “wise up and join us” in supporting the resolution, Democrats will make it a “major issue” in November midterm elections “and we will win,” said Senate Minority Leader Chuck Schumer, D-N.Y., during the news conference. He vowed to force a Senate vote on the resolution before the 60 legislative-day timeline for using the CRA path expires (see 1712150049). Supporters of the 2015 rules' rescission criticized the CRA resolution, including Broadband for America, the Free State Foundation and USTelecom. New York City Mayor Bill de Blasio (D) and 75 other municipal and local government officials jointly said in a letter to congressional leaders that they “strongly support” the measure. The Benton Foundation said it challenged the FCC net neutrality repeal in the U.S. Court of Appeals for the D.C. Circuit.

A ruling upholding FTC authority over ISPs is a consumer win, but more should be done, said Frank Pallone, D-N.J., House Commerce Committee ranking member. He was reacting to a 9th U.S. Circuit Court of Appeals decision Monday affirming commission jurisdiction over the non-common-carrier activities of common carriers (see 1802260031). "The FTC can and should take actions to protect consumers from unfair and deceptive acts by companies when they’re not acting as common carriers," said Pallone. "But this decision does not fix the hole created by Republicans who stopped the FCC from enforcing strong privacy and data security safeguards. Consumers still lack adequate protections without clear rules of the road.”

Satellite, terrestrial and tech interests had numerous recommendations for Innovation, Science and Economic Development (ISED) Canada, as the agency asked for input on releasing spectrum for commercial mobile services, license-exempt applications, satellite services and wireless backhaul services through 2022. The docket SLPB-006-17 comments were posted Friday. Intelsat said ISED should await outcomes of the 2019 World Radiocommunication Conference on a variety of WRC-19 agenda items -- such as non-geostationary fixed satellite service (FSS) use of the 37.5-39.5, 39,5-42.5, 47.2-50.2 and 50.4-51.4 GHz bands -- before making decisions that might not be compatible with WRC-19. SES said ISED's conclusion that the 3.7-4.2 GHz band should be considered for mobile use is "unfounded" and that such mobile use could negatively affect downlinks there. It said if any additional services are introduced in the 24.75-25.05 GHz or 25.05-25.25 GHz bands, FSS needs to retain access on a co-primary basis. It also pushed for making the entire V-band available for satellite FSS use and for removing the restriction on FSS in the 39.5-40 GHz band to government use only. Telesat Canada said the current FSS allocation at 24.75-25.25 should be retained if spectrum is released in the 24.25-27.5 GHz band for terrestrial use. It also said the satellite industry has interest in the E-band and higher spectrum. ISED should make spectrum above 24 GHz available for flexible use across platforms (HAPS), including high altitude platform stations and consider licensing schemes that would let HAPS be used in the band to support 5G, Facebook said. It also backed making the 64-71 GHz band available for license-exempt use and for identifying other mid-band frequency for license-exempt use, such as the 6 GHz band. The Wi-Fi Alliance said spectrum sharing is possible in the 6 GHz band, and other bands could potentially be made available for sharing in the future. It also backed making the 5350-5470 MHz band available for license exempt operations in Canada and said it was essential that ISED continue to allow license-exempt operations in the millimeter wave spectrum. It said the agency should consider making the 5.9256-7.125 GHz band available for license-exempt use. Allowing commercial mobile broadband in the 814-824 MHz band, paired with 859-869 MHz, would mutually benefit the U.S. and Canada by maximizing the spectrum available for commercial mobile broadband in this band along the shared border, Sprint said. Microsoft said there should be "significantly more" license-exempt spectrum released in the 5, 6, 60 and 70 GHz bands.

The U.S. Court of Appeals for the D.C. Circuit decision Dish Network designated entities should reasonably have anticipated how the FCC might adopt a new standard on effective control "sets a troubling precedent in administrative law," tech and other groups told the Supreme Court in a docket 17-1058 amicus brief posted Monday. The DDEs are appealing handling of AWS-3 auction bidding credits (see 1801290033). The amicus filers said the agency could have rejected SNR Wireless and Northstar Wireless based on their short-form application when it was aware of their financial relationships to Dish, and "basic fairness" should require an agency at least warn an applicant about the possibility some financial relationship might make DE credits unacceptable. They said the "reasonably anticipate" standard invalidates bureau-level decisions as precedent, leaving counsel in major business dealings adrift without guidance. Signing were the Computer and Communications Industry Association, International Center for Law and Economics, Phoenix Center, Public Knowledge, R Street Institute and TechFreedom. The FCC didn't comment.

Secretary of Agriculture Sonny Perdue, Secretary of Commerce Wilbur Ross and other federal officials met Monday with eight state governors on President Donald Trump’s infrastructure proposal, which includes $50 billion in state block grants for rural projects, the White House told pool reporters. Broadband projects could qualify for the rural infrastructure money, which state governors will control, but Trump’s proposal contains no dedicated broadband funding (see 1802120001). Federal officials said the proposal could “increase access" to broadband and “improve rural infrastructure,” a White House spokeswoman said. Governors participating in the meeting were Mississippi's Phil Bryant (R), North Carolina's Roy Cooper (D), South Dakota's Dennis Daugaard (R), Colorado's John Hickenlooper (D), Alabama's Kay Ivey (R), Wyoming's Matt Mead (R), Nebraska's Pete Ricketts (R) and Alaska's Bill Walker (I), the White House said. The session was before a meeting between Trump and 39 governors on the administration’s shared priorities with state governments. Trump was criticized for not specifically mentioning broadband during his January State of the Union speech (see 1801310071). The White House has since repeatedly cited Trump's commitment to broadband (see 1802140052, 1802200050, 1802220064 and 1802230044). The Senate Environment and Public Works Committee, meanwhile, plans a Thursday hearing on rebuilding infrastructure with Secretary of Transportation Elaine Chao, beginning at 10 a.m. in 406 Dirksen.

The White House upped its emphasis Friday on the potential impact President Donald Trump's infrastructure legislative proposal could have on rural broadband deployments, saying in a news release it will “provide critical funding” for such projects. The proposal, released earlier this month, includes $50 billion in block grants to state governments for rural infrastructure deployments that broadband projects could qualify for but no dedicated broadband funding (see 1802120001). “Inadequate broadband access is a barrier to rural prosperity,” the White House said. “It stunts economic growth and prevents many rural Americans from engaging in the modern economy. Further, lack of broadband access deprives many rural students of educational opportunities afforded to those living in areas with better connectivity. Expanded broadband access will offer a better quality of life and more economic opportunity for rural communities that have been left behind for too long.” Trump drew criticism for not specifically mentioning broadband when he highlighted his then-pending infrastructure proposal during his January State of the Union speech (see 1801310071). The White House has since repeatedly cited in press materials on the infrastructure proposal Trump's commitment to broadband (see 1802140052, 1802200050 and 1802220064).

The FCC released its NPRM, OK'd Thursday, seeking comment on proposed rules implementing Section 7 of the Communications Act, approved by Congress in 1983 to speed review of “innovative” technologies and services (see 1802220045). Commissioner Jessica Rosenworcel dissented and Commissioner Mignon Clyburn partially dissented. “Although the forces of competition and technological growth work together to enable the development and deployment of many new technologies and services to the public, the Commission has at times been slow to identify and take action to ensure that important new technologies or services are made available as quickly as possible,” the NPRM says. “The Commission has sought to overcome these impediments by streamlining many of its processes, but all too often regulatory delays can adversely impact newly proposed technologies or services.” The notice says the FCC has long encouraged innovation, with its experimental licensing program started in 1939. Through its Part 15 unlicensed rules, the FCC “enabled the development of significant technical innovation for devices used on an unlicensed basis including, for example, Wi-Fi, Bluetooth, Zigbee, and a wide variety of other technologies,” the NPRM said. It addresses the Pioneer’s Preference Program, which Rosenworcel cited in her dissent as an example of why such rules won’t work. “The program was discontinued in 1997 by Congressional action, following the advent of the auctioning of wireless licenses,” said a footnote to the notice.

More net neutrality petitions for review emerged after Thursday’s Federal Register publication of the FCC’s December "Restoring Internet Freedom" order (see 1802220049). In addition to previously reported lawsuits, the U.S. Court of Appeals for the D.C. Circuit got petitions from Mozilla (in Pacer), Vimeo, National Hispanic Media Coalition and New America’s Open Technology Institute. California’s Santa Clara County filed a petition (in Pacer) at the 9th Circuit.

Some process and structural changes at the FCC should help ensure the agency operates differently even under future administrations, the agency's Republican commissioners said Friday at the American Conservative Union's (ACU) 2018 Conservative Political Action Conference. There, Chairman Ajit Pai was a surprise recipient of the National Rifle Association's Charlton Heston Courage Under Fire Award for his role in and the fallout from the net neutrality Title II rollback. Pai "saved the Internet" and weathered numerous death threats and having his property "invaded by the George Soros crowd," said ACU Executive Director Dan Schneider. Citing the newly created Office of Economics and Analytics (see 1801300026), Commissioner Brendan Carr said institutionalizing the idea of considering economic impacts of regulations should ensure that decision has long-term effect. Pai said his successor "will face a big fight" in the name of government openness if there are efforts to roll back his process change of making agenda items publicly available before meetings. Commissioner Mike O'Rielly said the best way to help ensure that the free market path the FCC is on continues is to elect conservatives to the House and Senate and make sure President Donald Trump is re-elected. He also said "we could use everyone's help" in the looming fight in the Senate over Title II. Pai said his administration's focus on a Title II rollback was against the advice of some who urged him to take smaller, more incremental deregulatory steps, but "I don't play small ball." Carr and O'Rielly both highlighted the agency's efforts to foster 5G; Carr said the FCC should be able to complete this year the streamlining of federal permitting and processing procedures needed for 5G deployment. Asked about the vitriol he received on the net neutrality proceeding, Pai said it has "not been an easy time" and quoted a passage from Gandalf in J.R.R. Tolkien's The Fellowship of the Ring: "All we have to decide is what to do with the time that is given us.” He also said he would continue to speak out about the "poisonous political culture." The NRA award pre-empted a speech Pai was to deliver. The FCC didn't make available a copy of the speech but said Pai was "honored" by the recognition. According to the NRA, recipients have included talk show host Rush Limbaugh and Vice President Mike Pence, and the award is a Kentucky handmade long gun to be stored at an NRA museum.