FCC Chairman Ajit Pai appointed Indiana University business professor Jeffrey Prince Wednesday as chief economist. Prince will succeed Babette Boliek Tuesday, when she returns as Pepperdine University law school professor and associate dean-faculty research. Pai appointed Boliek last year (see 1807300044). The role typically lasts for one year. Prince co-directs Kelley's Institute for Business Analytics. He has written about “dynamic demand for computers, Internet adoption and usage, the inception of online/offline product competition, and telecom bundling,” the FCC said. Prince's “wealth of experience and research on the telecommunications market and Internet adoption will be of great value to the Office of Economics and Analytics and the entire” FCC, Pai said.
The 9th U.S. Circuit Court of Appeals let challengers to FCC telecom discontinuance rules "supplement their argument that The Utility Reform Network ('TURN') has standing" in the case, by Sept. 6. "The panel will not consider any supplemental submission regarding the standing of any of the other petitioning organizations," said an order (in Pacer) Wednesday from the three judges who heard oral argument the previous day (see 1908270026). The jurists limited the supplement to 10 pages, in Greenlining Institute v. FCC. TURN was another petitioner in the case, 17-73283. TURN declined to comment, as did the FCC. Public Knowledge is "pleased that the court has provided us with the opportunity to resolve any lingering issues over standing," emailed Senior Vice President Harold Feld, who argued for petitioners in Seattle. USTelecom, which also got time at oral argument, didn't comment.
The FCC Public Safety Bureau activated the disaster information reporting system for all of Puerto Rico in response to Tropical Storm Dorian, said a public notice Tuesday. “Tropical storm conditions including heavy rain, gusty winds and high surf are expected in Puerto Rico and the U.S. Virgin Islands on Wednesday where warnings have been posted,” said a warning on the National Weather Service homepage Wednesday. “After passing north of Dominican Republic Thursday, Dorian may reach Hurricane strength on its way toward the Bahamas and possibly Florida.” DIRS reports are requested from all communications providers that serve Puerto Rico starting Thursday, the PN said. The White House approved a declaration of emergency in Puerto Rico Tuesday. The Public Safety Bureau also issued a PN on how communications providers in areas affected by Dorian can contact FCC bureaus and submit special temporary authority requests. The FCC activated DIRS for the entire U.S.Virgin Islands Wednesday.
Approval of T-Mobile/Sprint and related divestitures to Dish Network should be conditioned on Dish demonstrating a commitment to diversity, said Urban One CEO Alfred Liggins in a meeting with FCC Commissioner Geoffrey Starks Thursday, said a filing posted in docket 18-197 Tuesday. “DISH’s track record with diversity programs and/or diversity initiatives is questionable,” the minority-audience targeting broadcaster and media company said. “Since many current Boost Mobile customers are minorities, the Commission is strongly encouraged to ensure that their interests are not be harmed by the acquisition by DISH.”
The FCC Office of Economics and Analytics and Wireless Bureau granted T-Mobile’s request to apply to participate in Auction 103, despite its pending purchase of Sprint (see 1908270023), said an order in Tuesday's Daily Digest. Bidding rules for such auctions bar participation by companies that have ongoing arrangements with other bidders, but the FCC granted similar waivers for T-Mobile in auctions 101 and 102, the order said. This now allows more participation in the “historic” auction of high-band spectrum, the staff said. The auction will “make available the largest amount of high-band spectrum for advanced wireless services ever in American history, releasing 3,400 megahertz of spectrum into the commercial marketplace for 5G deployment,” the order said. “The public interest will be best served by permitting T-Mobile to seek to participate.”
The Broadband Deployment Advisory Committee meets Sept. 19, said a Monday FCC public notice on docket 17-83. The meeting will include status reports and updates from BDAC working groups on disaster response, low-income broadband investment and infrastructure deployment training opportunities.
Eighteen groups launched a petition asking all 2020 presidential candidates to pledge to support restoring 2015 net neutrality rules and reject contributions from phone and cable company executives, lobbyists and political action committees. “It’s imperative all presidential candidates make restoring net neutrality a top priority” because Senate GOP leaders are blocking passage the Save the Internet Act (see 1906110038), the Monday petition said. HR-1644/S-682, which the House passed in April, would reverse the FCC rescinding the rules and restore reclassification of broadband as a Communications Act Title II service (see 1904100062). Seventeen of the 21 current Democratic hopefuls declared support for restoring in some form the rules, most providing little detail. Ex-Vice President Joe Biden, former Housing and Urban Development Secretary Julian Castro, Miramar, Florida, Mayor Wayne Messam and businessman Tom Steyer haven't taken a position. Their campaigns didn't comment. Color of Change, Common Cause, Demand Progress, Fight for the Future and Free Press Action Fund were among petitioners.
The FCC should seek comment on new developments in T-Mobile buying Sprint, including Dish Network’s waiver request and the DOJ consent decree, said the Communications Workers of America, Public Knowledge, New America Foundation’s Open Technology Institute and Consumer Reports to Commissioner Mike O’Rielly Thursday, per a filing posted Monday in docket 18-197. “Given the extraordinary nature of these developments, failure to seek public comment on these inextricably interrelated developments would be a violation of the” Administrative Procedure Act, the groups said. “The DOJ Consent Decree and the DISH waiver and extension requests represent significant changes to the original transaction and raise new and important public interest and competition issues.” Attorneys for T-Mobile had calls about the deal Wednesday and Thursday with an aide to Commissioner Brendan Carr, in response to questions from that office, said a filing. It described the conversations only as referencing the draft order and concerned with “several issues raised in the Applicants’ previous submissions and relevant to the Commission’s public interest and competition.”
The government told the 9th U.S. Circuit Court of Appeals an FCC pole attachment order complies with the Telecom Act and should be upheld. An American Electric Power and other electric utilities challenge to an August ruling/order barring local infrastructure moratoriums and revising pole-attachment processes is being heard as part of a broader challenge to last year’s infrastructure orders, in docket No. 18-72689 (see 1904180006). “Petitioners, a group of electric utility companies, contend that some of the Commission’s new rules are unlawful,” the regulator and DOJ said, posted Friday. “To the contrary, the challenged rules, which expanded on previous reforms, reflected a reasonable and carefully considered exercise of the agency’s authority under Section 224. Accordingly, the Court should reject petitioners’ claims and uphold the Order.”
The 9th U.S. Circuit Court of Appeals granted Qualcomm a partial stay Friday in its appeal of an FTC lawsuit over the company's alleged mobile chip monopoly (see 1907230045). The ruling affects portions of an earlier decision barring the chipmaker “from conditioning chip sales on the purchase of patent licenses.” The court also set oral argument on Qualcomm’s expedited appeal for January. The company believes the district court’s ruling will be overturned, said Executive Vice President Donald Rosenberg. The decision allows the company to “continue to invest in inventing the fundamental technologies at the heart of mobile communications at this critical time of transition to 5G.” The FTC looks forward to defending the district court’s decision, said Competition Bureau Director Bruce Hoffman, noting the agency will continue to monitor whether Qualcomm is meeting obligations. He noted other provisions remain in effect during appeal: “Qualcomm may not enter express or de facto exclusive dealing agreements for the supply of modem chips; Qualcomm may not interfere with the ability of any customer to communicate with government agencies; and Qualcomm must submit to compliance and monitoring procedures.”