The Senate Communications Subcommittee has plans for following up the Commerce Committee’s Wednesday markup of the draft Spectrum and National Security Act (see 2404250061) with a Thursday hearing eyeing the future of federal affordable broadband programs. Meanwhile, Senate Commerce Chair Maria Cantwell, D-Wash., released a revised version of her draft spectrum bill Friday night as a substitute amendment that increases funding it would loan the FCC to keep the affordable broadband program running through the end of FY 2024. The new bill offers $7 billion, up $2 billion from the original proposal. That puts Cantwell’s legislation in line with the ACP Extension Act (HR-6929/S-3565), which also proposes $7 billion in stopgap funding. Cantwell’s revised spectrum bill also includes language from the Improving Minority Participation and Careers in Telecommunications Act to create an NTIA program to distribute money to historically Black, tribal and minority-serving colleges and universities to develop telecom sector job training (see 2108020061). Cantwell's bill proposes loaning NTIA $200 million for the program. Senate Communications’ Thursday hearing will include testimony from New Street’s Blair Levin and Kathryn de Wit, director-Pew Charitable Trusts broadband access initiative. Also set to testify: Economic Policy Innovation Center CEO Paul Winfree and New Mexico Office of Broadband Access and Expansion’s Jennifer Case Nevarez. The hearing will begin at 10 a.m. in 253 Russell.
The FCC's supplemental coverage from space (SCS) licensing framework that commissioners adopted 5-0 in March (see 2403140050) becomes effective May 30, according to a notice for Tuesday's Federal Register. Comments are due May 30 and replies July 1 in a Further NPRM adopted with the order, said a separate notice. The NPRM asks questions about SCS delivery of 911 service and protection of radio astronomy.
A final bipartisan, bicameral bill reauthorizing the FAA includes a provision directing the Government Accountability Office to undertake a study of airspace congestion and DOT's inspector general to audit the FAA's internal processes for communicating civil aviation operators' positions to NTIA when it comes to spectrum reallocation or auctions. The FAA Reauthorization Act, released Monday, says the GAO will examine issues including commercial space launch and reentry activity. The bill directs the DOT IG to "improve internal processes by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance" to ensure civil aviation stakeholders' stances get submitted to NTIA and then the FCC. The IG also must seek ways of improving communication with those aviation stakeholders about proposed spectrum reallocation or auctions that could affect the national airspace system, the bill says. It directs the FAA to conduct R&D in consultation with NTIA and the FCC on "effective and efficient use and management of radio frequency spectrum in the civil aviation domain." The legislation also directs that the FAA, with NTIA and FCC consultation, start an R&D program for development of standards for next-generation radio altimeters.
Tuesday marks the last day that eligible households enrolled in the affordable connectivity program will receive full funding, Miriam Montgomery, chief of the FCC Consumer and Governmental Affairs Bureau’s Consumer Affairs and Outreach Division, noted during a National Association of Telecommunication Officers and Advisors webinar on Monday. The webinar also included an update on the national broadband map.
Wi-Fi advocates and 6 GHz incumbents disagreed sharply on an FCC proposal to expand the parts of the 6 GHz band where very-low power (VLP) devices can operate without coordination, beyond the initial 850 MHz commissioners approved last year (see [Ref:2310190054). In one development of note, tech companies saw support for a proposal to create a geofenced variable power (GVP) device class. Replies were posted Monday in docket 18-295.
HOT SPRINGS, Virginia -- Restoring the FCC’s lapsed spectrum auction authority is a major priority of the Senate Commerce Committee and the House Communications & Technology Subcommittee, Democratic and Republican staffers said Saturday at the FCBA annual retreat here. John Lin, House Communications and Technology Subcommittee Republican senior counsel, said while Republicans would consider discussing continuing the affordable connectivity program, changes to it must come first. Speakers also covered next steps for the cyber trust mark and interagency relations on spectrum conflicts.
FCC commissioners approved fines against the then-four national wireless carriers for allegedly not safeguarding data on customers' real-time locations, in orders released Monday. The vote was 3-2. AT&T, T-Mobile and Verizon plan to appeal.
The FCC should change a draft order on foreign-sponsored content to clarify that the rules on disclosure of foreign sponsorship and certifications that companies aren’t foreign agents apply only to leased programming, not advertisements, NAB said in meetings Tuesday with Commissioner Geoffrey Starks and aides to Commissioners Brendan Carr and Anna Gomez, according to an ex parte filing in docket 20-299 (see 2403210071. The FCC “need only make clear” that language describing “short form advertising” as exempt from the rules means all advertising, NAB said. The FCC should avoid using language that inadvertently loops in longer infomercials, political ads or public service announcements, the group said. “Trying to provide a specific definition for advertising could easily lead to more problems,” NAB said. “An overlay of new diligence and disclosure rules” on top of the existing sponsorship ID rules “would be beyond the scope of the Notice in this proceeding and otherwise violate the Administrative Procedure Act (APA), the First Amendment, and the FCC’s statutory authority,” the filing said. “NAB also reminds the Commission that no one has filed in support of the FCC proposals.”
The FCC Enforcement Bureau wants letters of intent by May 29 from entities interested in leading the industry consortium for robocall traceback efforts, said a public notice Friday. USTelecom's Industry Traceback Group currently holds the position (see 2308180041). Comments on submitted letters of intent are due by June 12, replies by June 19, in docket 20-22.
The 9th U.S. Court of Appeals agreed with a lower court that denied preliminary injunction against the California Public Utilities Commission shifting to a per line surcharge for the state Universal Service Fund. T-Mobile’s Assurance Wireless had argued that the state must align with the FCC’s revenue-based method for federal USF. But on March 31 last year, the U.S. District Court for Northern California decided not to block the CPUC’s April 1 change. The 9th Circuit heard arguments on an appeal in October (see 2310170042). "The carriers have failed to show a likelihood of success on their claim that the access line rule is 'inconsistent with' the FCC rule,” Judge Ryan Nelson wrote in Friday’s opinion, which Judges Jacqueline Nguyen and Eugene Siler joined (case 23-15490). The court referred to the Communications Act's Section 254(f), which prohibits USF rules that are "inconsistent" with FCC rules. Inconsistent doesn’t mean different, Nelson wrote. "The access line rule differs from the FCC’s rule funding interstate universal service programs. But the carriers have not shown that it burdens those programs, and they have thus failed to show that they are likely to succeed on their claim that it is inconsistent with those rules." Also, the court rejected T-Mobile’s claim that the surcharge rule is preempted because it's inequitable and discriminatory. "The carriers argue that they are harmed more than local exchange carriers,” but the CPUC rule treats all telecom technologies “the same and, if anything, is more equitable than the prior rule, under which most of the surcharges came only from ever-dwindling landline services,” Nelson said. The CPUC’s "course correction" is "a fair response to a real problem,” he added. “In a world of ever-evolving telecommunications technologies, competitive neutrality must allow some play in the joints. To hold otherwise would hamstring California’s ability to satisfy its statutory mandate of providing universal service." T-Mobile also argued the change was discriminatory because the CPUC rule treats providers who get federal affordable connectivity program (ACP) support differently from those in the state LifeLine program. But the court found differences between the programs and noted that companies in ACP have the option of joining LifeLine. The decision "affirms that the CPUC's surcharge rule is consistent with federal law," said a commission spokesperson. "The CPUC will continue to utilize the surcharge to ensure consumers have safe, reliable, affordable, and universal access to telecommunications services." T-Mobile didn’t immediately comment.