An FCC order modifying certain rural healthcare program rules takes effect Feb. 12, said a notice for Thursday's Federal Register. Commissioners adopted the item in December, which made healthcare providers that expect to be eligible for the program conditional approval to request funding sooner (see 2312130019). It also simplified rules for urban rate calculations.
The 4th U.S. Circuit Appeals Court removed the consolidated pole attachment appeal of Duke Energy and AT&T against the FCC from the oral argument calendar for Jan. 24 and granted their unopposed joint motion to voluntarily dismiss the case (see 2401080036), said the court’s order Monday (dockets 22-2220 and 23-1010). The appeal was dismissed “on terms agreed to by the parties,” said the order.
The FCC wants comments by Feb. 13, replies by Feb. 28, in docket 17-84 on a Further NPRM concerning pole attachment applications and make-ready work, a notice for Thursday's Federal Register said. Commissioners adopted the item in December (see 2312130044). It seeks comment on proposed steps making the pole attachment process more efficient and resolving disputes that may delay broadband deployment.
Rep. Yvette Clarke, D-N.Y., and Senate Agriculture Rural Development Subcommittee Chairman Peter Welch, D-Vt., led filing Wednesday of the Affordable Connectivity Program Extension Act to give the initiative stopgap funding through the rest of the year, as expected (see 2401090074). The measure would allocate ACP $7 billion for FY 2024, mirroring an earlier draft of the measure Clarke circulated in recent weeks. The FCC estimates the program could exhaust its original $14.2 billion appropriation in April. Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), although several Republicans signed on as ACP Extension Act sponsors at filing: Sen. J.D. Vance (Ohio), Sen. Kevin Cramer (N.D.), Rep. Brian Fitzpatrick (Pa.), and New York Reps. Anthony D’Esposito, Mike Lawler and Marc Molinaro. The measure “provides a transformative opportunity to bridge the gap of the digital divide for communities of color, urban and rural families, and so many more underserved Americans,” Clarke said in a statement. “Access to high-speed internet isn’t a luxury anymore, it’s a necessity,” Welch said. “That’s why it’s never been so important to avoid this funding cliff and extend the ACP.” Welch’s office cited support from more than 400 companies, groups and other entities, including FCC Chairwoman Jessica Rosenworcel and her fellow Democratic Commissioners Anna Gomez and Geoffrey Starks. In addition, several major ISPs and related industry groups are backing the measure: AT&T, Charter, Comcast, Cox Communications, Incompas, NTCA, T-Mobile, USTelecom, Verizon, Wireless Infrastructure Association and WTA. Others supporting the ACP Extension Act: the AFL-CIO, American Civil Liberties Union, Benton Institute for Broadband & Society, Communications Workers of America, Fiber Broadband Association, Free Press, NAACP, Pew Charitable Trusts and Public Knowledge.
Consumers' Research asked the U.S. Supreme Court to grant its cert petition challenging the FCC's method for determining the USF quarterly contribution factor, saying the case presents "an excellent vehicle for addressing the contours of nondelegation whose abuses highlight the dangers of delegated and politically unaccountable power." Docketed Friday (docket 23-743), the petition asked the court to review a Dec. 14 decision by the 11th U.S. Circuit Court of Appeals upholding the Q4 2022 contribution factor (see 2312140058). Responses to the new petition are due Feb. 8.
A Thursday House Communications Subcommittee hearing on communications infrastructure cybersecurity issues is expected to include the FCC’s Secure and Trusted Communications Networks Reimbursement Program and the thus far unsuccessful push to allocate another $3.08 billion to fully pay back participants (see 2311070050). However, just one of four scheduled witnesses mentions the matter in written testimony. Other items the House Commerce Committee identifies in a memo ahead of the hearing include the FCC’s NPRM seeking to establish a schools and libraries cybersecurity pilot program, the commission’s voluntary Cyber Trust Mark cybersecurity labeling effort for smart devices (see 2308100032) and concerns about Chinese telecom equipment manufacturers’ potential threat to U.S. IoT devices. The hearing is scheduled to begin at 10 a.m. in 2123 Rayburn.
NTIA posted comments it received last week on the implementation plan for the national spectrum strategy (see 2401030059). Among noteworthy comments, public safety groups pressed the administration to also consider public safety spectrum. Utilities sought additional spectrum for their networks. T-Mobile and Verizon urged a focus on high-power licensed spectrum.
FCC Commissioner Anna Gomez warned at the CES in Las Vegas that the U.S. could fall behind other nations unless the agency once again has authority to conduct spectrum auctions. The remarks were her first at a CES as an FCC member. Meanwhile, Commissioner Brendan Carr, also at the show, said the FCC is moving backward on spectrum. Carr slammed the administration’s national spectrum strategy for not opening any new spectrum (see 2401100032), which he called “a bit of a miss.” CTA officials said Carr and Gomez toured the CES show floor together Wednesday.
The FCC’s one-year window for certain low-power TV stations to apply for Class A status will open Feb.9, according to a notice for Wednesday’s Federal Register. The window stems from the FCC’s implementation of the Low-Power Protection Act in December (see 2312080043), and is open only to LPTV stations that broadcast a minimum of 18 hours a day, carry three hours per week of local programming and are located in markets of 95,000 households or fewer.
The FCC Public Safety Bureau Tuesday approved a waiver request by Alert SouthBay allowing wireless carriers to participate in a wireless emergency alert test in Los Angeles County's South Bay region. The test was scheduled to start at 11:20 a.m. PSD that day. “We are persuaded it is in the public interest to allow ... Alert SouthBay to test WEA’s performance over the County’s variety of geographic and demographic conditions, especially considering recent land movement and landslides, as well as the prevalent high fire risk,” the bureau said in post in docket 15-91. Alert SouthBay later confirmed the test took place.