Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
A Tuesday Senate Communications Subcommittee hearing on implementation of broadband funding from the Infrastructure Investment and Jobs Act and other recent measures is likely to include a heavy focus on GOP leaders’ concerns about federal agencies’ oversight of those disbursals, lawmakers and other officials told us. There also may be discussion about other pressing issues, including recent pushes to include additional money for the FCC’s Secure and Trusted Communications Networks Reimbursement Program in a FY 2023 appropriations omnibus package (see 2212070068) and to enact legislation that ensures broadband funding from IIJA and the American Rescue Plan Act doesn’t count as taxable income, observers said.
President Joe Biden signed the Safe Connections Act (HR-7132) Wednesday, the White House said. The measure, which the Senate passed in November (see 2211180079), would let domestic abuse survivors separate a mobile phone line from any shared plan involving their abusers without penalties or other requirements and require the FCC to establish rules that ensure calls and texts to domestic abuse hotlines don’t appear on call logs. The House cleared the bill in July (see 2207280052). The measure’s sponsors praised Biden for signing it. “Giving domestic violence abusers control over their victims’ cell phones is a terrifying reality for many survivors,” said Sen. Brian Schatz, D-Hawaii. “Right now there is no easy way out for these victims -- they’re trapped in by contracts and hefty fees. Our new law will help survivors get out of these shared plans and help victims stay connected with their families and support networks.” It’s “another important step toward ensuring all victims of domestic violence have the support they need and deserve,” said Sen. Deb Fischer, R-Neb. “This new law ensures all survivors can remove themselves from shared phone plans without prohibitive costs and requirements, and enroll in the Lifeline Program or the Affordable Connectivity Program to obtain new phones or phone services at discounted prices,” said Rep. Anna Eshoo, D-Calif. It's “a meaningful step forward in supporting and protecting individuals who are facing domestic abuse and violence,” said Rep. Annie Kuster, D-N.H.
The communications market doesn’t need affordability metrics, telecom industry groups told the California Public Utilities Commission in comments this week. The CPUC received feedback Wednesday on a 2020 affordability report released last month and possibly applying the agency’s metrics to communications (see 2210140036). In a separate docket, the state commission received mixed reviews on a proposed pilot program for stacking federal affordable connectivity program (ACP) funds on state LifeLine support (see 2210140068).
The FCC Consumer and Governmental Affairs Bureau will host a series of virtual office hours to answer questions about the affordable connectivity program's outreach grants and application process, said a public notice Wednesday in docket 21-450. Office hours will be from 12-1 p.m. EST Dec. 1, Dec. 16, and Jan. 4.
The FCC released an order requiring all affordable connectivity program providers to submit annual data on price, plan coverage, and characteristics of their service to ACP-enrolled households Wednesday. The order, adopted Nov. 15, declined to adopt a subscriber-level data collection, citing privacy concerns and administrative burdens, and instead established an aggregate collection system. Providers will be required to submit the same pricing information as required by the broadband consumer labels and whether there are recurring or one-time equipment fees. Providers are also required to submit the number of households receiving the benefit at a zip code level. The FCC will release non-provider-specific data, aggregated at the state level, on "the average or median prices of plans in which ACP subscribers are enrolled within designated download speed tiers and data on the number of subscribers of plans within those tiers," the order said. An accompanying NPRM will seek comment on revising the data collection rules and whether the FCC should seek more granulated data on enrollment and the digital divide. The FCC "need[s] to know where we have been with this program to better understand where we need to go," said Chairwoman Jessica Rosenworcel: "We are also considering proposals in a further rulemaking to see what other data points may help paint a fuller picture of how eligible households participate in this program." The data "will greatly inform our policymaking going forward," said Commissioner Geoffrey Starks, saying he hopes outreach grant recipients "look to the data we collect here to help them better serve their communities."
The FCC released a notice of funding opportunity for its Your Home, Your Internet and affordable connectivity program navigator pilot grant programs (see 2211100044). Applications are due by Jan. 9 at 9 p.m. EST, said a news release Monday. The commission made up to $5 million available for the Your Home, Your Internet grants and up to $5 million for the ACP navigator grants. Only pilot participants seeking grant funds will be required to adhere to the NOFO's requirements. "Through these one-year pilot program outreach grants, we hope to learn more about how to better market these programs, including how participants can reach out to those receiving federal housing assistance and help households overcome enrollment barriers," said Chairwoman Jessica Rosenworcel.
The FCC released its broadband consumer labels Thursday, requiring ISPs to display machine-readable information at the point of sale. The order, adopted Nov. 14, requires providers to list monthly prices and itemized fees, whether it participates in the affordable connectivity program, and speed data. The order takes effect 30 days after Federal Register publication. Compliance with the rules is not required until one year after OMB approval for providers with 100,000 or fewer subscribers and six months for all other providers. The goal is to "make the purchasing of broadband service more simple and more competitive for consumers everywhere," said Chairwoman Jessica Rosenworcel. Commissioner Geoffrey Starks said he looks forward to reviewing the record on whether the labels should include cybersecurity information. Doing so "could be very valuable to consumers" and "push ISPs to compete on network security," Starks said. The commission adopted one label requiring the same information in the same format for fixed and mobile broadband providers. Providers must include information about latency. It's "important to any application involving users interacting with each other, a device, or an application," the order said. An accompanying NPRM seeks comment on "alternative speed and latency measurements for the label going forward." The NPRM also seeks comment on the label's accessibility and availability in multiple languages, other performance data, and network management information. Comments will be due 30 days after Federal Register publication, 60 days for replies. The new label will "help consumers better understand their internet access purchases" and "allow for an effective apples-to-apples comparison tool when shopping for services in the marketplace," said Wireless ISP Association Vice President-Policy Louis Peraertz. It's a "good first step," said Next Century Cities Senior Policy Counsel Ryan Johnston: "Without including the label on a consumer's bill, the broadband nutrition label falls short of its goal."
The California Public Utilities Commission voted 5-0 Thursday to update rules for the California Advanced Services Fund (CASF) broadband infrastructure grant account (docket R.20-08-021). The changes are part of the CPUC’s implementation of California’s $6 billion broadband law last year. One significant change in the decision updates speed requirements for completed projects to 100 Mbps download and 20 Mbps upload, “which ensures that public funds support projects that deliver the speeds necessary for videoconferencing, streaming and supporting multiple users in a household,” said Commissioner Darcie Houck at the CPUC’s virtual meeting. Revising the definition of an unserved location to places lacking speeds of at least 25/3 Mbps will make more areas eligible for funding, she said. Also, the decision requires grantees to provide low-income broadband plans and participate in the federal affordable connectivity program. The changes are "vital in achieving the state's broadband objectives,” said CPUC President Alice Busching Reynolds. Commissioner Cliff Rechtschaffen applauded the decision for recognizing that affordability continues to be a major issue for many Californians: "It's not just access.” Consumer advocates mostly supported the draft in comments last month, but telecom companies raised concerns with proposed changes to the challenge process in the broadband support program (see 2210210055). Also, industry expressed concern about the staff’s proposal to require applicants to freeze prices in project areas for at least five years.
Pennsylvania is seeking “equitable, affordable, and robust high-speed broadband infrastructure and services connecting Pennsylvania for the 21st century and beyond,” said a state broadband plan adopted Thursday. The Pennsylvania Broadband Development Authority board approved the plan in a unanimous voice vote at a partially virtual meeting Thursday. Authority Executive Director Brandon Carson said the shot clock is now running to develop the plans required by NTIA to get Infrastructure Investment and Jobs Act (IIJA) federal funding.