Gabriella Novello

U.S. Court of Appeals for District of Columbia Circuit judges questioned whether the FCC failed to consider data Inteliquent submitted to the commission before the agency adopted its 8YY access reform order, Monday in case 20-1471 (see 2010090064). Central is whether the rate factors in cost or whether the FCC considered all data it received.

President Joe Biden’s designation of Jessica Rosenworcel as the first woman to hold the permanent FCC chair and his intent to nominate Democratic ex-FCC official Gigi Sohn as the first openly LGBTQ+ commissioner are being hailed as milestones. Biden also is renominating Rosenworcel to the commission. See our report here.

The FCC for “way too long” hasn't accurately measured where broadband is and isn’t, said acting Chairwoman Jessica Rosenworcel during a Marconi Society virtual symposium Friday. “The best time to update our maps was probably five years ago,” Rosenworcel said. The agency is “midstream” in securing a broadband serviceable location fabric, she said (see 2107160057). “I have lots of thoughts about it. It’s not fast.” Rosenworcel said she hopes “things are going to come together in the next few months” and would like to see the maps be used to understand the intersection of issues like broadband access and health outcomes. Some states have “really engaged in quality mapping projects because we know mapping at the federal level is not the strongest,” said Public Knowledge CEO Chris Lewis on a panel. The FCC also needs to be more “creative” with the use of spectrum, Rosenworcel said. “Getting the right mix” between licensed and unlicensed spectrum is “important,” she said, noting auctions for licensed spectrum need to be made more competitive. The federal government is sitting on a lot of unused spectrum, said telecom attorney Steve Coran: “There’s a lot of ways that folks can use spectrum more efficiently.” Tribal priority windows “should be a prerequisite for every spectrum change in the future,” said Chris Mitchell, the Institute for Local Self-Reliance's director-Community Broadband Networks Initiative. Addressing the digital divide requires a focus on both “deployment and affordability,” Rosenworcel said, touting the Emergency Connectivity Fund’s impact on addressing the homework gap, and said it’s “a distinct part” of addressing the digital divide. “There is no doubt that the beating heart of our post-COVID world will be digital,” said ITU Telecom Development Bureau Director Doreen Bogdan-Martin during a keynote: “Adoption is about making sure everyone can get online because that's when we get true digital inclusion.”

The FCC received mixed reaction as it sought to refresh the record on broadband access in multi-tenant environments, in comments posted through Thursday in docket 17-142 (see 2109070047). Many telecom and consumer groups urged to limit or outright exclusivity agreements and other practices that limit MTE options for ISPs and consumers. Others argued against additional regulation.

VoIP providers said a Further NPRM on imposing more requirements for those seeking direct numbering resources would harm members of their industry compared with traditional carriers, This came in comments posted Friday in docket 13-97. Others said additional requirements are necessary to curb illegal robocalls and spoofing. The NPRM would require that VoIP certify compliance with anti-robocalling obligations (see 2108050038).

Industry groups want the FCC to investigate whether emergency broadband benefit providers or households receiving the monthly internet discount are abusing the program through benefit transfers. Some in recent interviews sought FCC guidance.

Some FCC precision agriculture task force working groups have started submitting their final reports for the consolidated report to the commission, members said during a virtual meeting Thursday. The mapping and analyzing connectivity WG report will include a $4 million cost estimate it received to do a more granular survey, said Chair Michael Adelaine of South Dakota State University. The examining current and future connectivity demand WG submitted its report to be consolidated into the final report, said Chair Dan Leibfried of John Deere. "It does look we have a little bit of conflict" in the draft consolidated report about recommendations on higher speeds, Leibfried said. Task force Chair Teddy Bekele of Land O’Lakes agreed and asked the subpanel to identify what parts of the consolidated report will need to be updated. The encouraging adoption of precision ag WG finished its report, said Chair Mike McCormick of the Mississippi Farm Bureau Federation: "We're really happy with where we are." Accelerating broadband deployment WG Vice Chair Heather Hampton-Knodle of American Agri-Women said its report had no changes.

Industry disagrees if the FCC should preempt rights-of-way fees charged Columbia, Missouri, as a violation of Communications Act Section 253, in replies posted Wednesday in docket 21-323 (see 2109230078). Bluebird asked to defer action on its petition "until the legal status of House Bill 271 is settled," which would ban local jurisdictions from charging per linear foot fees, or preempt the city's linear ROW fee if it decides to act. The fees are "excessive, unreasonable, and discriminatory," said Frontier. Granting the petition "will send a strong message to other municipalities," the telco said. Bluebird’s petition is “not a new or novel issue, and the facts as presented, clearly violate Section 253,” said Incompas, saying its members face similar obstacles. The Wireless Infrastructure Association agreed. Commenters showed the monetary amount "is not an isolated problem," said USTelecom, noting the city didn't file an opposition. Localities in Oregon, Washington and California, the League of Minnesota Cities, Metropolitan Area Communications Commission, and ROW Consultants disagreed, saying Congress "did not intend Section 253(d) to authorize the commission to decide local rights of way disputes." The coalition said a public comment process "does not provide an adversarial fact-finding process through which factual issues might be resolved." Localities "should not be forced to come to the FCC to litigate uniquely local issues," said the Communications Workers of America.

The North American Numbering Council approved a report and recommendations from its call authentication trust anchor working group during a virtual meeting Wednesday (see 2107290064). Robert Nelson of the National Association of State Utility Consumer Advocates and Michigan Citizens Utility Board president voted no because NASUCA wasn't a WG member. "They should have been," Nelson said. The WG found VoIP providers don't face significant barriers to Stir/Shaken implementation because technical solutions are available. It recommended the FCC task the subpanel with further recommending a governance structure for managing the list of call placement services. It also recommended the FCC encourage industry to develop a solution to the session initiation protocol interconnection problem within six to 12 months of the report.

States are considering whether to sue Frontier Communications after their claims were dismissed last week about DSL-speeds advertising. U.S. Central District of California Judge Gary Klausner suggested, in dismissing claims from Arizona, Michigan, North Carolina, Wisconsin and Indiana, that “judicial economy” and “the interest of comity” would favor trying their claims in courts more familiar with applicable laws (see 2110040066).