Gabriella Novello

The FCC unanimously approved 911 fee diversion rules, as expected (see 2106210022). They largely mirror statutory language in the Don’t Break Up the T-Band Act of 2020, and are “reasonably broad given the diverse and evolving nature of the 911 ecosystem.” Rules take effect 60 days after Federal Register publication and fee report data collection compliance takes effect after OMB OK. The commission defined a 911 levy Friday as “a fee or charge applicable to commercial mobile services, IP-enabled voice services, or other emergency communications services specifically designated by a state or taxing jurisdiction for the support or implementation of 911 services.” The definition included multipurpose fees that support “public safety, emergency services, or similar purposes.” Replacement of 911 systems is OK. Diversion is what's used to support a political subdivision or other non-911 related purposes. Examples include “equipment or infrastructure for constructing or expanding non-public safety communications networks” and transferring money to a general fund. States will be held responsible for local jurisdictions that divert fees. The 911 strike force will consider and provide recommendations on what types of radio expenditures constitute diversion. The rules establish a procedure for jurisdictions to petition the Public Safety Bureau for determination an expenditure should be treated as acceptable. The jurisdiction must demonstrate this supports public safety answering point functions or directly affects a PSAP's ability to “receive or respond to 911 calls.” The FCC clarified that “only employees of a diverting jurisdiction” are ineligible to participate on advisory committees. Representatives of non-diverting localities within a diverting state remain eligible. An individual employed by a diverting jurisdiction may still serve on an advisory committee as a representative of a public safety organization or association. The FCC “took a big step towards eliminating the unacceptable practice of 911 fee diversion,” said CTIA Vice President-Regulatory Affairs Matt Gerst. The new rules “provide much-needed clarity on what does and does not constitute 911 fee diversion, which is essential as the stakes for diversion are raised with the potential federal NG-911 transition funding,” emailed National Emergency Number Association Director-Government Affairs Dan Henry. “To the extent that edge cases remain in certain states’ fee models, the 911 community will have to be proactive in seeking determinations from the Commission.”

Wireless stakeholders asked the FCC for flexibility in the supply chain reimbursement program, in comments posted Thursday in docket 18-89 (see 2105240071). Adopt a technically neutral policy and remove questions about open radio access network or virtualization in its supply chain reimbursement program, said Nokia. It wants a “blanket 6-month extension” for deployment and the ability to “seek additional individualized extensions of time as part of the initial reimbursement application template.” The Rural Wireless Association said the filing window should be open for at least 60 days and the FCC should provide applicants with a template to enter required data. RWA asked for the 15-day cure period to only be used as a “final mechanism” and “tie it to deficiency notices for individual applicants.” Adtran supported keeping proprietary information confidential because it “constitutes trade secrets” and forms should include an information request. Manevir offered suggestions to clarify field descriptions on the form.

FCC emergency broadband benefit enrollment for eligible tribal households continues to decline (see 2106180041). More than 71,000 tribal households have enrolled so far. In the first full week, more than 26,000 tribal households enrolled. During the week of June 14-20, that dropped to 5,076. The lack of broadband availability and questions about EBB mechanics are an obstacle, stakeholders said in interviews.

The North American Numbering Council unanimously approved a report and recommendations from the Numbering Administration Oversight Working Group on North American numbering plan billing and collection fund size projections and contributions factor. Billing and collection agent Welch & Co. projected the revenue base is $92.7 billion and the contribution factor is 0.0000535. NANC also approved a WG’s report that Welch met its performance requirements. This all took place at NANC's virtual meeting on Wednesday.

Weekly enrollments for the FCC emergency broadband benefit are beginning to slow, according to Universal Service Administrative Co. data. Some said in interviews last week the apparent slump may reflect lack of sufficient FCC leadership on EBB. Others said the initial surge in enrollment shows the level of interest in the program, and eligible households will continue signing up.

The FCC is expected to issue an order this week on 911 fee diversion, officials told us Monday. Commissioners approved an NPRM in February that defines 911 fee usage and what constitutes diversion (see 2102170049). Acting Chairwoman Jessica Rosenworcel circulated the new draft order June 8. The commission is required to issue final rules on 911 fee diversion by June 25 under Section 902 of the Don't Break Up the T-Band Act of 2020. The order is in its final stages and largely adopts the NPRM's language, one official said. A agency spokesperson didn't comment.

NTIA unveiled a broadband map Thursday. It shows broadband needs by county, minority-serving institutions, areas designated as high poverty and tribal lands. It “paints a sobering view” of broadband challenges, said Commerce Secretary Gina Raimondo. FCC acting Chairwoman Jessica Rosenworcel told reporters NTIA’s efforts are “significant” because more information is available and the commission is “making a big push” to create accurate maps. The new maps “struck me as curious,” Commissioner Brendan Carr told reporters Thursday. “We don’t need additional inaccurate maps,” Carr said, and it “underscores the need” for the FCC to complete its mapping process. “We’re glad the NTIA is out with this version of a map, but it’s not a substitute for the more accurate ‘fabric’ approach” that USTelecom backs, said CEO Jonathan Spalter in a statement: “The FCC’s map is the only project that will be so granular as to allow us to close the nation’s digital divide.”

Broadband maps "are not what they should be," said FCC acting Chairwoman Jessica Rosenworcel during a Historically Black Colleges and Universities Caucus virtual panel Wednesday. It's "vital" the FCC start developing maps with more precise data, Rosenworcel said, adding that universities have an opportunity to participate: "There's no one better equipped to start telling us if in fact there's service in a place or not" (see 2102260046). Total connectivity should be a "national goal," Rosenworcel told the congressional caucus, citing affordability as a "huge crisis" in the digital divide. The emergency broadband benefit program is a "really terrific tool we have now to get more students connected," Rosenworcel said. "The most important thing is that we get the word out," about EBB and other COVID-19-related broadband programs, she said, and the commission partnered with the Department of Education to send email notices to Pell Grant recipients about their EBB eligibility.

Telecom providers back USTelecom's robocall blocking petition for reconsideration (see 2105200074), in replies posted Tuesday in FCC docket 17-59. "Adopt a flexible approach to notification that would allow for, but not be limited to, returning specific [session initiation protocol] SIP codes when calls are blocked," CTIA said. "Rather than codifying unfinished standards work, the commission should defer to the ongoing, collaborative standards process." NCTA agreed and said the Jan. 1 implementation deadline "risks forcing providers to choose between offering consumers robust robocall mitigation tools or suspending such tools over concerns about compliance with return code mandates." Comments showed the "uncertain state of the standards" in the notification requirement, USTelecom said. An industry task force approval of industry standards is "at best, the beginning of the process," the telecom association said. Somos, the current toll-free numbering administrator and North American numbering plan administrator, echoed Lumen that there's "no value to notifying calling parties when their calls are blocked by analytic engines" (see 2106070051). Somos said calls blocked on the do not originate list shouldn't be included in notification to calling parties when such a call is blocked. Verizon said opposition to USTelecom's petition is based on "several flaws." The order on robocall blocking doesn't define what a legitimate caller or bad actor is, Verizon said, and "even some legal callers routinely take action to bypass blocking ... when they detect that their calls may have triggered blocking algorithms."

Patron data retention and reporting requirements for the FCC’s $7.17 billion Emergency Connectivity Fund could lead otherwise eligible libraries to opt out of the program (see 2105260048), stakeholders said in recent interviews. With the first application filing window scheduled to open June 29, groups are asking the FCC to clarify whether libraries can maintain alternate records. The agency largely followed E-rate rules requiring participants to keep records for 10 years. In addition to the type of services or devices provided, schools and libraries would need to maintain records of the names and addresses served.