Outlook Questionable for Real-Time Text Transition Order
Similar to the draft emergency alert system order scheduled for a vote at next week’s commissioner meeting (see 1612070065), the outlook also remains unclear for the second big item -- an order on a common standard for the transition from text technology (TTY) to real-time text (RTT), industry and FCC officials said. Last month, Chairman Tom Wheeler indicated he wouldn’t seek a vote on any items that had commissioner objections (see 1611170054). Agency officials said it's unclear if that's anything like a new rule and whether Wheeler would still move ahead as long as he can get three votes in support. The FCC didn't comment.
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The RTT/TTY rulemaking was somewhat controversial. Commissioner Mike O’Rielly expressed concerns when the members approved an NPRM that the proposed rules were too prescriptive (see 1604280055). The possibility remains the Dec. 15 meeting could look a little like the Nov. 17 meeting, which was over in about 10 minutes with no votes on major items, agency officials said.
One potential wild card is whether a deal is reached to reconfirm Commissioner Jessica Rosenworcel to another term, industry and agency officials told us. If by the meeting it has become clear that’s no longer a possibility, Rosenworcel would have little incentive to not vote on the two items, the officials said. She may not be reconfirmed (see 1612080056).
TTY machines are the cumbersome, typewriter-like devices that for decades were the only way for the deaf and hard of hearing to communicate on the phone. The FCC approved the NPRM in April. Officials said then only a small percentage of the deaf and hard of hearing still use TTYs, which were developed for a circuit-switched world (see 1604070067). Making that change was a recommendation of the Disability Advisory Committee (see 1602230066).
“The commission is required by law to meet once in every calendar month,” said Harold Feld, senior vice president at Public Knowledge. “If they have nothing to do, then they have nothing to do. Given the rather firm and insistent way that congressional Republicans have insisted on agencies undertaking no ‘controversial’ matters until they own the store, they have only themselves to blame if critical business does not get done.”
“I think we are in a holding period where only proposals with bipartisan support will get even touched,” said Roger Entner, analyst at Recon Analytics. “If even one commissioner, especially a Republican commissioner, has doubts, the proposal will be tabled.”
Three key trade groups, CTIA, CTA and the Telecommunications Industry Association, reported on a recent call with FCC officials to express concerns about the rules. The officials were all from the Consumer and Governmental Affairs Bureau.
“The Associations described how flexibility in the rules for implementing RTT and a sufficient implementation period are critical issues to the diverse technology companies that are Association members,” said a filing on the call in docket 16-145. “RTT rules should be flexible enough to avoid the need for industry to seek waivers from the Commission in order to deploy advanced technologies.” Three groups supported a compliance deadline of Dec. 31, 2018, for manufacturers, the filing said. “They also urged that any implementation timelines take into account the interdependencies of manufacturers and service providers, so that an earlier deadline on services providers does not have the unintended consequence of becoming a de facto compliance deadline on manufacturers earlier than December 31, 2018.”
The Competitive Carriers Association, T-Mobile, US Cellular and General Communication Inc. also reported on meetings with FCC staff on the item, expressing concerns about timing. Rules are preferable to the current waivers some carriers have to use RTT rather than TTY, “provided that the requirements and transition afford industry participants flexibility and sufficient time to deploy RTT and access devices with this new technology,” they said in a filing.