Ditching the requirement to notify VoIP users it won't work without power and eliminating supposedly outdated reporting requirements were among suggestions by telecoms, the cable industry and others for the FCC's 2018 biennial review of telecom regulations. Comments in seven dockets, which had been due Jan. 17 (see 1812180002), were posted Monday due to an extension from the partial federal shutdown.
Universal Service Administrative Co. hasn't de-enrolled any Lifeline users who failed the national verifier's automatic reverification, and no decision has been made on when that will happen, USAC Vice President-Lifeline Michelle Garber told the Telecom Staff Subcommittee at NARUC Sunday. A state commissioner and subcommittee members grilled Garber on high rates of users failing the automated check due to the NV not accessing all databases relevant to determining eligibility, with USAC not even trying to access them in higher cost states.
AT&T Communications CEO John Donovan met FCC Chairman Ajit Pai about the company’s “ongoing 5G deployment and the importance of millimeter wave spectrum to 5G technologies,” said a filing posted Friday in docket 14-177. Donovan and other AT&T executives also discussed the national security NPRM (see 1812120043): "Any measures to address national security threats related to the communications supply chain should be proportionate to the risk and applied to all networks and providers, not to just entities that use Universal Service Support.” The Telecommunications Industry Association called for action on security rules in a meeting with Wireline Bureau staff. The record the FCC is building “provides details about specific concerns,” TIA said in docket 18-89, in a meeting handout. “Marketplace needs certainty as 5G is being rolled out in earnest.” The USF proceeding should target specific suppliers of concern, the group said.
New Commissioner Geoffrey Starks said the FCC must move quickly on complaints AT&T, T-Mobile and Sprint are selling customers' real-time location data to bounty hunters (see 1901080046). The ex-Enforcement Bureau staffer, flanked by staff, met reporters Friday.
Comments are due March 8, replies April 8, on an FCC Further NPRM seeking to auction off subsidies in rural telco areas largely or completely served by unsubsidized competitors, said a proposed rule in Wednesday's Federal Register. Input is sought on how to structure the subsidy auction, address conversions to broadband-only lines and address legacy support in tribal areas. Commissioners approved the FNPRM Dec. 12 with an order offering rate-of-return telcos more USF support in exchange for more 25/3 Mbps broadband service (see 1812120039).
The FCC should move quickly to modernize the USF rural healthcare telecom program, and "meet the Chairman's goal to adopt rules in the first half of 2019," Alaska Communications said. "That schedule is very important to ensure" new rules can be cleared by the OMB "and take effect before the start of the competitive bidding season for Funding Year 2020," said a filing on a meeting CEO Anand Vadapalli had with Chairman Ajit Pai and others last week, posted Tuesday in docket 17-310.
Chairman Ajit Pai called the FCC's USF rate floor policy "crazy" philosophically, and cited plans for remedial actions. The idea that government forces rural telco phone rates up to reflect a national average, or lose high-cost USF support, doesn't make sense, he said in Q&A with NTCA CEO Shirley Bloomfield webcast from a rural telecom show in New Orleans. He hopes to "move with dispatch" to get fellow commissioners to agree with him on near-term relief and a longer-term solution. He recently criticized the rate floor and told lawmakers he planned to seek action in coming months (see 1901310036). Separately, Pai said he's seeking a "balance" on broadband performance testing that holds USF-backed providers accountable for their data-speed commitments while streamlining the process as much as possible to ease industry burdens. He said the FCC is focused on coordinating with the Agriculture and Commerce departments on broadband infrastructure efforts to ensure "we speak with one voice" so parties "aren't running over each other" and "we get the most bang for our buck." He said the commission wants to encourage more rural fiber deployment to feed nascent 5G wireless systems, which he believes have much potential in rural areas, though he recognized the business plan is difficult. It's important to create small geographic license sizes in spectrum auctions to "incentivize" bidding by small as well as big providers, he said: "Stay tuned." He spoke enthusiastically about the opportunities broadband can create in rural America through remote healthcare and other applications, noting when he was growing up in rural Kansas, his doctor father used to drive 45 miles to visit patients. His overall focus remains on ensuring every American is "empowered" in the digital age: "That requires broadband."
The FCC "can do better" on Lifeline USF, new Commissioner Geoffrey Starks tweeted Monday, after the U.S. Court of Appeals for the D.C. Circuit Friday "struck down @FCC rules that limited Tribal #Lifeline and threatened affordable phone and internet access on Tribal lands" (see 1902010051). "The Court said the @FCC failed to consider harms to people depending on the program and ignored relevant data," he added.
The FCC approved establishing an Enforcement Bureau Fraud Division to combat waste, fraud and abuse in USF and other programs, said an order released Monday after being adopted unanimously Jan. 29 before new Commissioner Geoffrey Starks was sworn in. Noting bureau staffers already investigate and prosecute fraud in FCC programs, the order said its purpose "is to create a division, comprised of existing staff, that will be dedicated to taking enforcement actions against fraud in the USF and other funding programs." The division "will work collaboratively with other law enforcement entities," including the FCC Office of Inspector General, and "will consist of the individuals who presently focus on fraud cases." Rakesh Patel, the bureau's USF Strike Force director, will be division chief, joined by other bureau staff, emailed an FCC spokesperson. "It is vital that we maintain a steady eye on [USF] programs to address the unfortunate reality that, over the years, too much money that should have gone to connect American consumers and businesses has been lost, stolen, or misused," said EB Chief Rosemary Harold. The division will be established following review and approval by the Office of Management and Budget and the House and Senate Appropriations committees, and after Federal Register publication. The order said the division's creation will be a structural change, not a substantive one, and doesn't require any rule changes: "The notice and comment and effective date provisions of the Administrative Procedure Act contained in 5 U.S.C. §§ 553(b) and (d) do not apply."
The California Public Utilities Commission won't assess surcharges on text-message revenue for state USF, after an FCC order persuaded state commissioners to pull back a proposal to affirm texting is subject to public purpose program fees. Despite consumer group opposition (see 1901140045), the CPUC voted unanimously Thursday for the reversal in docket R17-06-023 without discussion as part of the consent agenda. The Utility Reform Network is "working with other groups to find a way to turn back this troubling precedent," emailed TURN Managing Director-San Diego Christine Mailloux. "We are disappointed in the Commission’s decision to move forward so quickly without putting sufficient effort into alternatives to ensure that California’s public purpose programs, serving our most vulnerable consumers, are well funded and supported," she said. "Carriers’ profit and public relations machine won out."