The FCC is poised to send a message on China at the commissioners’ May 9 meeting, rejecting China Mobile’s application to provide telecommunications services in the U.S. A draft order circulated by Chairman Ajit Pai says granting China Mobile a Section 214 authorization wouldn’t be in the public interest due to national security and law enforcement risks that can’t be addressed through a mitigation agreement, a senior FCC official said Wednesday. Unlike some meetings under Pai, there isn't a broader meeting-wide theme. The FCC also will consider a previously promised FM translator interference item, revised video relay service (VRS) rules, a proposal for the 1675-1680 MHz band sought by Ligado and satellite and a toll-free number auction items.
Net neutrality advocates are encouraged by oral argument on the FCC's deregulation before a three-judge panel at the U.S. Court of Appeals for the D.C. Circuit Friday (see 1902010046). Challengers got some traction with arguments against reversal of Communications Act Title II broadband classification, net neutrality regulation repeal, transparency rule authority, public safety treatment and state pre-emption, the advocates suggested at a Public Knowledge event Wednesday (webcast). They mostly cited the comments and questions of Judge Patricia Millett, and to some extent, of Judge Robert Wilkins, on Mozilla v. FCC, No. 18-1051.
Net neutrality advocates voiced confidence in their case against the FCC's order reversing broadband common-carrier regulation, with some optimistic it will be overturned. They said Wednesday the net neutrality rollback under a reclassified Communications Act Title I broadband regime was unjustified legally and bad policy that would unleash ISP "gatekeepers" to throttle and discriminate, harming consumers and competition. Petitioners and intervenors challenging the order held two media calls ahead of Friday's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC (see 1901230060). It's case 18-1051.
The Office of the U.S Trade Representative issued its first list of product exclusions from the 25 percent Trade Act Section 301 tariffs on Chinese imports, granting full or partial exemptions for nearly two dozen 10-digit Harmonized Tariff Schedule subheadings, said a notice posted Friday at the agency’s website. The exclusions apply retroactively to July 6, the date the first tranche of tariffs took effect, and will remain in effect until one year after the USTR’s notice is published in the Federal Register.
The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
FCC Chairman Ajit Pai proposed rules providing a new framework for “the vast majority” of pole attachments under federal jurisdiction by imposing a one-touch, make-ready” (OTMR) regime. An accompanying declaratory ruling attacks local or state moratoriums on new wireless and wireline facilities. The order and declaratory ruling are set for a vote at commissioners’ Aug. 2 meeting (see 1807110053) along with items on broadcast incubators, repacking reimbursement, a telehealth item and a spectrum/5G auction-related action.
The FCC approved 3-1 an order to further relax telecom service discontinuance duties and related regulatory processes in an effort to remove barriers and encourage the industry shift from legacy wireline to next-generation, IP-based offerings. Commissioners also voted 4-0 to adopt an order to relieve certain rural telcos of USF contribution obligations on their broadband services to equalize their treatment with other carriers and promote affordability. Commissioner Jessica Rosenworcel largely dissented on the discontinuance order and concurred on the rural telco USF order.
Consumer and labor advocates objected to FCC draft plans to relax consumer protection and education mandates when telcos discontinue legacy telecom services in favor of IP-based fiber and wireless offerings. Verizon and AT&T disputed ADT Security Services and Alarm Industry Communications Committee (AICC) concerns that a proposed "alternative options test" could effectively scrap an "adequate replacement test" and its interoperability requirements. Parties made closing arguments before lobbying restrictions took effect heading into this coming Thursday's commissioners' meeting that includes a draft order to streamline discontinuance duties.
Much of the tech industry -- though CTA was silent -- blasted the Trump administration Tuesday for announcing it plans to go ahead with 25 percent Trade Act Section 301 tariffs on $50 billion worth of Chinese imports. The products affected won’t be known until the U.S. Trade Representative's office releases its final tariffs list by June 15. Tariffs will be imposed “shortly thereafter,” said the White House.
A court ruling upholding FTC authority over some AT&T activities is good news for consumers, said parties on both sides of the net neutrality divide. But FCC Chairman Ajit Pai and his supporters also suggested it was a victory for the FCC's recent "internet freedom" order, which reversed a 2015 net neutrality order classifying broadband as a Communications Act Title II telecom service and subjecting ISPs to common-carrier regulation.