FCC Republicans Ajit Pai, Mike O’Rielly and Brendan Carr have voted together the vast majority of the time. Carr partially dissented once and has been mostly in step with Pai since he became a member a year ago. O’Rielly, a commissioner throughout Pai's chairmanship, has disagreed more, based on our review. O’Rielly has had partial dissents 12 times and a full dissent once.
Sen. Maggie Hassan, D-N.H., praised the FCC Wednesday for approving an order extending the Mobility Fund II challenge window. The order, approved unanimously but with partial dissent from Commissioner Jessica Rosenworcel, extends the challenge deadline to Nov. 26 (see 1808210044). It otherwise would have expired Aug. 27. FCC Chairman Ajit Pai announced his circulation of the order earlier this month at a Senate Commerce Committee hearing, following up on a commitment to Hassan and other senators (see 1808160071). The challenge process "will help enable communities across our state to become eligible for funding to support wireless broadband where it is needed the most,” Hassan said. “I urge the Commission to take additional steps to address their flawed maps and to ease the arduous process stakeholders must go through as part of this challenge process."
Sen. Maggie Hassan, D-N.H., praised the FCC Wednesday for approving an order extending the Mobility Fund II challenge window. The order, approved unanimously but with partial dissent from Commissioner Jessica Rosenworcel, extends the challenge deadline to Nov. 26 (see 1808210044). It otherwise would have expired Aug. 27. FCC Chairman Ajit Pai announced his circulation of the order earlier this month at a Senate Commerce Committee hearing, following up on a commitment to Hassan and other senators (see 1808160071). The challenge process "will help enable communities across our state to become eligible for funding to support wireless broadband where it is needed the most,” Hassan said. “I urge the Commission to take additional steps to address their flawed maps and to ease the arduous process stakeholders must go through as part of this challenge process."
The FCC should reconsider pre-emption decisions in a pole-attachment order it adopted Thursday (see 1808020034), said U.S. Conference of Mayors CEO Tom Cochran Friday. Mayors strongly oppose FCC actions that “subordinate local governments and their property rights to the benefit of the nation's communications providers,” he said. “With little advance notice or engagement with local and state governments, the FCC action -- which effectively prohibits local and state actions or policies having the effect of barring for some duration a private telecommunications company for accessing the public's rights-of-way -- immediately disrupts local management regimes for the sole purpose of granting one group special federal protections and rights. It also upends a key provision of federal law that was enacted overwhelmingly by Congress in 1996 to protect and respect local and state government property rights and their authority to manage these public assets.” The FCC late in the day released the text of the order and ruling adopting one-touch, make-ready and other pole-attachment changes, and also declaring that state and local moratoriums on network facility siting deployment would be pre-empted. Earlier, others concerned about the FCC's decisions were withholding judgment. “Cities are still deciding on their legal strategies, and we’re going to take the lead from our members,” said a National League of Cities spokesman. NATOA hasn’t decided next steps, said General Counsel Nancy Werner, saying she’s not aware of any decisions by other local government groups. Electric utilities also awaited the text and hope the FCC made changes in response to their concerns, said Aryeh Fishman, Edison Electric Institute associate general counsel. “It depends on what they actually put out," he told us. "We’ll be looking out for whether the FCC changed the draft’s proposal for self-help in the electric space because we see that as being a real risk to worker safety.” He shared the concerns of Commissioner Jessica Rosenworcel, who said the order's ambiguity could lead to further disputes. "They’re presenting electric companies with a very substantial compliance challenge," he said. Electric utilities agreed with the FCC's draft decision not to give ILECs pole-attachment rate relief beyond new agreements, he noted.
The FCC should reconsider pre-emption decisions in a pole-attachment order it adopted Thursday (see 1808020034), said U.S. Conference of Mayors CEO Tom Cochran Friday. Mayors strongly oppose FCC actions that “subordinate local governments and their property rights to the benefit of the nation's communications providers,” he said. “With little advance notice or engagement with local and state governments, the FCC action -- which effectively prohibits local and state actions or policies having the effect of barring for some duration a private telecommunications company for accessing the public's rights-of-way -- immediately disrupts local management regimes for the sole purpose of granting one group special federal protections and rights. It also upends a key provision of federal law that was enacted overwhelmingly by Congress in 1996 to protect and respect local and state government property rights and their authority to manage these public assets.” The FCC late in the day released the text of the order and ruling adopting one-touch, make-ready and other pole-attachment changes, and also declaring that state and local moratoriums on network facility siting deployment would be pre-empted. Earlier, others concerned about the FCC's decisions were withholding judgment. “Cities are still deciding on their legal strategies, and we’re going to take the lead from our members,” said a National League of Cities spokesman. NATOA hasn’t decided next steps, said General Counsel Nancy Werner, saying she’s not aware of any decisions by other local government groups. Electric utilities also awaited the text and hope the FCC made changes in response to their concerns, said Aryeh Fishman, Edison Electric Institute associate general counsel. “It depends on what they actually put out," he told us. "We’ll be looking out for whether the FCC changed the draft’s proposal for self-help in the electric space because we see that as being a real risk to worker safety.” He shared the concerns of Commissioner Jessica Rosenworcel, who said the order's ambiguity could lead to further disputes. "They’re presenting electric companies with a very substantial compliance challenge," he said. Electric utilities agreed with the FCC's draft decision not to give ILECs pole-attachment rate relief beyond new agreements, he noted.
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."
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."
A draft NPRM on repacking reimbursement for FM stations, low-power TV stations and translators appears to “penalize T-Mobile for taking a proactive approach” to funding LPTV relocation (see 1707170043), said the carrier in meetings with the Media Bureau, Incentive Auction Task Force, and aides to Chairman Ajit Pai and to Commissioners Mike O’Rielly and Jessica Rosenworcel, it recounted in docket 18-214, which also had other filings posted Thursday, a week before commissioners vote. The company was represented by former IATF Vice Chairman Howard Symons, now of Jenner & Block. T-Mobile “was willing to step in at a time when Congress had not funded the post-auction relocation of LPTV stations,” but Congress’ authorization of reimbursement funds for LPTV and translators “has materially altered the post-auction landscape for these stations,” T-Mobile said. The draft suggests T-Mobile could remain responsible for funding LPTV repacking despite the new reimbursement fund, and proposes precluding stations that received funding from the company, even for future expenses, it said. Stations that received money from T-Mobile should be able to use the fund “provided that they demonstrate that funds received from the third party have been returned or have not been used to fund the same eligible expenses” and likewise for the future, T-Mobile said. Microsoft also met with the IATF and Office of Engineering and Technology on the draft reimbursement NPRM. It should include questions about letting LPTV, translators and FM stations be reimbursed for transmit filters that will promote “greater overall band utilization,” wrote Microsoft, hoping “the NPRM ask whether the Commission could promote greater use of the television band by reimbursing full-service filters for all low-power broadcasters, rather than stringent or simple masks.” The draft misinterprets legislation authorizing the additional reimbursement, NAB continued to say (see 1807240061) in meetings and calls with Pai Chief of Staff Matthew Berry, Media Bureau Chief Michelle Carey, and aides to Pai, Rosenworcel and Commissioner Brendan Carr, it said (and filings). The draft operates from the premise the legislation lets the FCC draw FY 2018 funds only to reimburse LPTV, FM stations and translators, but NAB argued that’s a “phantom reading.” That led the NPRM to propose graduated payments for FMs based on how they are disrupted by the repacking, NAB said. “Congress specified funding levels from Fiscal Year 2018 funds, but also provided the FCC with discretion as to how to allocate Fiscal 2019 funds.”
Parties bombarded the FCC with conflicting advice on one-touch, make-ready plans and other pole-attachment proposals in a draft order aimed at facilitating broadband deployment. Electric utilities pushed for changes to proposed communications provider self-help in the power spaces on poles, and cable continued voicing concern about OTMR treatment of existing attachments. Incumbent telcos sought stronger action to lower the attachment rates they pay pole owners, though Verizon backed OTMR and others supported agency proposals. Filings were posted in docket 17-84 Thursday as lobbying restrictions took effect and the draft was included in the agenda for the Aug. 2 commissioners' meeting.
Parties bombarded the FCC with conflicting advice on one-touch, make-ready plans and other pole-attachment proposals in a draft order aimed at facilitating broadband deployment. Electric utilities pushed for changes to proposed communications provider self-help in the power spaces on poles, and cable continued voicing concern about OTMR treatment of existing attachments. Incumbent telcos sought stronger action to lower the attachment rates they pay pole owners, though Verizon backed OTMR and others supported agency proposals. Filings were posted in docket 17-84 Thursday as lobbying restrictions took effect and the draft was included in the agenda for the Aug. 2 commissioners' meeting.