A new bid by Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and other senators to attach stopgap funding for the FCC’s affordable connectivity program and additional money for the Secure and Trusted Communications Networks Reimbursement Program to the FAA Reauthorization Act (see 2405070083) faces resistance from chamber leaders. Senate Majority Leader Chuck Schumer, D-N.Y., and other leaders are skeptical about including nongermane language in the FAA package. A previous proposal to attach ACP money drew opposition during a Tuesday night “hotline” that Senate leaders ran to gauge lawmakers’ support for amendments in the package.
The Universal Service Administrative Co's. (USAC) role in administering the FCC's Universal Service Fund programs "is purely administrative," the FCC told the U.S. Supreme Court in response to Consumers' Research's challenge of how the commission determines quarterly contribution factors (see 2401100044). USAC "must comply with detailed regulations issued by the FCC" and "helps the FCC compute the amount of each quarterly payment" carriers must contribute, the agency said in an opposition brief filed in docket 23-456.
CTIA President Meredith Baker said that policymakers must reverse course to change how spectrum is allocated in the U.S., moving away from too much focus on unlicensed and not enough on full-power licensed spectrum. The U.S. has allocated three times as much unlicensed spectrum as licensed, she said during a CTIA 5G Summit Monday. Baker noted the national spectrum strategy's focus on the lower 3 GHz and 7/8 GHz bands. “The studies of these bands have to start immediately and examine all options,” she said.
Top Affordable Connectivity Program Extension Act (HR-6929/S-3565) backers Sens. J.D. Vance, R-Ohio, and Peter Welch, D-Vt., said Thursday they plan to press forward with an amendment to the bipartisan 2024 FAA Reauthorization Act that would appropriate $7 billion in stopgap funding for the ailing FCC broadband program (see 2405010055) despite opposition from Senate leaders. ACP stopgap funding advocates used a Senate Communications Subcommittee hearing that day to implore that Congress act while critics raised objections about what they said was a lack of clear information about the program's efficacy.
Sen. J.D. Vance of Ohio, a lead GOP co-sponsor of the Affordable Connectivity Program Extension Act (HR-6929/S-3565), confirmed Wednesday he will push hard for an amendment to the bipartisan 2024 FAA Reauthorization Act that would appropriate $7 billion in stopgap funding to keep the ailing FCC broadband program running through the end of the fiscal year. The Senate voted 89-10 to invoke cloture on the motion to proceed to the FAA bill as a substitute for Securing Growth and Robust Leadership in American Aviation Act (HR-3935).
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.
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.
HOT SPRINGS, Virginia -- Expect increasingly heated clashes in coming years between factions advancing exclusive use of spectrum and those supporting spectrum sharing, as well as policy discussions about USF contribution changes, aides to the FCC commissioners said Friday at the FCBA annual seminar here. Meanwhile, AI experts said that in the absence of congressional action they see the FTC and states becoming vigorous in regulating generative AI.
Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.
Industry and consumer groups have lobbied the FCC in recent days on whether to maintain its proposed language regarding forbearance of Universal Service Fund (USF) contributions for broadband internet access service (BIAS) in its draft order restoring net neutrality rules, according to an analysis of recent ex parte filings in docket 23-320. The FCC in its draft order to be considered Thursday during the commissioners' open meeting tentatively decided to grant ISPs forbearance from Communications Act Section 254(d) requirements, which govern USF contributions (see 2404050068).