Verizon and AT&T agreed to a further two-week delay, until Jan. 19, in turning on their C-band spectrum for 5G, while taking other actions to address air safety, consistent with the model for deployments in France. The agreement will protect air safety, President Joe Biden said in a statement. Industry observers said the carriers, government regulators and the airlines appear close to a final resolution, though questions remain.
Verizon and AT&T are poised to turn on their 5G C-band operations this week, a month after agreeing to a delay until Wednesday. Analysts speculated that the biggest potential threat to that start is the FAA or aviation industry going to court to seek a stay. Airlines For America (A4A) asked the FCC late last week for a stay and warned of a legal challenge if the agency doesn’t act. Transportation Secretary Pete Buttigieg asked the carriers to extend their pause.
Some competitors urge the FCC to "take unprecedented steps to slow SpaceX’s ability to provide new service to consumers," company officials told aides to Chairwoman Jessica Rosenworcel, per an International Bureau ex parte filing Monday. SpaceX urged the agency to "see these tactics for what they are and quickly make SpaceX’s applications available for public feedback."
Four companies will pay $6.3 million in penalties for 911 outages last year, the FCC announced Friday. Some said they had made procedural changes to avoid a repeat. Lumen will pay $3.8 million, Intrado $1.75 million, AT&T $460,000 and Verizon $274,000. Both Lumen and AT&T said their blackouts involved work by vendor Intrado. See our news bulletin here.
Citing a GAO report identifying fraud risks in E-rate's competitive bidding process, FCC commissioners during a meeting Tuesday unanimously approved an NPRM to establish a central online bidding portal and seek comment on requiring additional documentation from applicants (see 2111300047). The NPRM had a tweak that Commissioner Brendan Carr sought. Members also adopted 4-0 an NPRM on revising the commission’s non-geostationary orbit (NGSO) fixed satellite service (FSS) spectrum sharing rules and proposals to improve emergency alert system accessibility.
Top Republicans on the House and Senate Commerce committees pressed the FCC Monday for information on the agency’s response to the Office of Inspector General’s November report that some emergency broadband benefit providers were falsely claiming a child in a household attended a qualifying low-income school (see 2111220058). Commissioner Brendan Carr said he was “kept in the dark” about the OIG’s findings until the report’s public release (see 2111230067). OIG’s recent findings and past federal watchdog reports about “fraud and abuse” in other FCC programs “raise serious questions about” the commission’s “ability to oversee and manage its programs,” Senate Commerce ranking member Roger Wicker of Mississippi, House Commerce ranking member Cathy McMorris Rodgers of Washington and the GOP ranking members of the Communications subcommittees wrote FCC Chairwoman Jessica Rosenworcel. They noted a 2020 GAO report that said the FCC’s oversight of its E-rate program was “insufficient … to identify potential fraud risks” (see 2009160081). “The upcoming transition of the EBB” to the $14.2 billion affordable connectivity program enacted via the Infrastructure Investment and Jobs Act “provides further reason for concern,” the GOP lawmakers said. “Unlike other FCC subsidy programs, the ACP will be funded through appropriations, rather than Universal Service Fund contributions. We are concerned that the FCC may proceed with rules for a permanent ACP that do not adequately protect American taxpayers or best serve eligible households.” The lawmakers want Rosenworcel to explain by Jan. 7 when her office became “aware of fraud” in EBB, if the FCC has identified the providers that committed fraud and what actions the agency will take to “confirm the eligibility of current EBB recipients.” They also want to know whether Rosenworcel will seek comment on draft rules for ACP “from other commissioners and the public” and if the FCC will take steps to ensure “future enrollees” are eligible for the revised program. The FCC didn’t comment.
FCC nominee Gigi Sohn said her connection to Locast won’t affect her views on broadcast issues, in her written responses to the Senate Commerce Committee. She promised to operate in an independent and fair manner on all issues if confirmed.
The Senate’s Tuesday reconfirmation of FCC Chairwoman Jessica Rosenworcel to another term (see 2112070029) provides more certainty for upcoming policy moves, but it isn’t likely to mean any major changes in how the agency functions because it will remain in a 2-2 tie for now, lawmakers and experts told us. Democrats are relieved Senate action forestalled the possibility the FCC would shift to a 2-1 GOP majority in January but believe the ongoing stalemate underscores the need to confirm Democratic commission nominee Gigi Sohn, whose path forward remains uncertain (see 2112010043). Republicans see the ongoing stalemate as an opportunity for Rosenworcel to continue seeking bipartisan consensus.
E-rate consultants and advocates are skeptical about a draft FCC NPRM that would establish a central online portal for E-rate's competitive bidding process and seek comment on requiring applicants to submit additional documentation (see 2111230068). Stakeholders told us the draft poses several administrative challenges that may need to be addressed in additional rulemakings. Others questioned whether the move is necessary.
FCC Chairwoman Jessica Rosenworcel's reconfirmation prospects grew stronger Wednesday after the Senate Commerce Committee advanced her nomination to the floor on a bipartisan vote, as expected (see 2111300064). A subsequent confirmation hearing for Democratic commission nominee Gigi Sohn, meanwhile, cemented perceptions that her chances of Senate approval are imperiled. Panel Republicans revealed the extent of their concerns about her candidacy during the hearing, over her views on net neutrality and other matters, also as expected (see 2111300068). At least three Republicans are considering holds on Sohn, including two over the tenor of her past tweets critical of major telecom and media companies. NTIA administrator nominee Alan Davidson also drew lawmakers' attention but little criticism.