Broadband Labels, Equipment Authorization Rules, on FCC Agenda

The proposed broadband label would "provide the information necessary for consumers to make informed decisions about available broadband services" and "promote the economic, social, and civic benefits of such services so they are available and accessible to all Americans," the draft says. ISPs would be required to display the labels commissioners approved in 2016 with some modifications, including information about whether an offered price is an introductory rate. The Infrastructure Investment and Jobs Act also requires the FCC to do public hearings during the proceeding on how consumers evaluate broadband plans and whether consumer disclosures are sufficient. Comments would be due 30 days after Federal Register publication, 45 days for replies, in docket 22-2.

"We recognize broadband service offerings can include numerous characteristics," the draft says. It would seek comment on how much flexibility would be necessary to "avoid the possibility that consumers could be overwhelmed with information." The item would also seek comment on whether additional content should be included and whether to include information about the affordable connectivity program in the labels. The proposed labels would resemble those similar to the FDA's nutrition labels as adopted in 2016. ISPs would be required to "prominently" display the labels "at the point of sale," the draft said, and be available "at a minimum" on the ISP's website.

A draft order would "resolve a longstanding issue for tribal libraries" in E-rate by amending the program's rules to clarify that tribal libraries are eligible for support. Commissioners sought comment on the proposal in October. The FCC agreed tribal councils can designate a tribal library and tribal libraries that are part of a tribal college or university "remain ineligible for E-rate support at this time," says the draft. The Office of Native Affairs and Policy and Wireline Bureau would be required to engage with organizations for targeted outreach efforts, said a fact sheet. The draft would also require the Universal Service Administrative Co. to measure the participation of tribal libraries and the speed of processing their applications in future funding years. The changes would take effect 30 days after Federal Register publication, the draft says.

The TV white spaces item would resolve pending questions on the use of the spectrum, an FCC focus for more than 15 years.

An order on reconsideration would replace the requirement that white space databases “push” changes in channel availability with a requirement that white-space devices recheck the database at least once every hour: “This frequent re-check requirement will protect licensed wireless microphone operations shortly following their database registration and will effectively protect … licensed wireless microphone operations.” The FCC notes it proposed a recheck every 20 minutes, but every hour should be frequent enough. Reducing the number of rechecks is “important to ensure efficient white space device operation, reduce overhead on the networks, and maximize battery life for white space devices that are not connected to a reliable power source,” it says.

A second order rejects NAB’s reconsideration petition of the FCC’s 2018 approval of Nominet UK as a white space database administrator (see 1811290049). The draft finds database errors discovered by NAB “were immediately corrected by Nominet” and “are not grounds to revoke the designation.” While the petition was denied, “we underscore that we appreciate NAB bringing these concerns to the attention of the Commission and Nominet so that the errors could be remedied,” the draft says.

Commissioners will also consider a draft NPRM seeking comment on whether to adopt four new or updated standards for equipment authorization and the certification of the telecommunication certification bodies that review new RF devices. “Today’s RF devices are evolving more rapidly than ever before, and we anticipate that this evolution will continue and even accelerate,” the draft says: “Keeping abreast of significant developments in the standards-setting community enables our equipment authorization program to keep pace with this evolution and ensure that the devices being used every day continue to comply with our technical rules.”

An item on updating the rules on when write-in political candidates can benefit from political advertising policies is similar to the NPRM (see 2107290053) but takes into account NAB feedback, according to the draft version. The draft order would add campaign websites and campaign use of social media to the list of activities broadcasters should consider when deciding if a write-in candidate has made enough of a “substantial showing” to qualify for benefits such as being charged the lowest unit rate for political ads. Online presence would be an additional indicator of “bona fide candidacy,” but not “determinative,” according to the draft, in language that stems from a request by the broadcast association. The draft would also formally require political issue ad information to be included in broadcaster public files, in line with the requirements of the 2002 Bipartisan Campaign Reform Act. The Media Bureau has required such info in public files, but the language in the FCC rules doesn’t currently match the BCRA, broadcast attorneys said. The item is considered noncontroversial, and was approved unanimously at the NPRM stage.