Major trade associations urged the FCC to back off its broadband privacy plans focused on regulating ISPs and pursue harmonization with the FTC's privacy approach. CTA, CTIA, Mobile Future, USTelecom and the Wireless Internet Service Providers Association said FCC Chairman Tom Wheeler promised to listen and learn from the public and providers before adopting final rules. "Well, the public’s verdict on Chairman Wheeler’s plan ... is now in -- and the result is clear. An overwhelming majority of the expert comments filed to date have urged the FCC to change course," the groups said in blog posted Wednesday. Initial comments were due May 27; replies are due June 27. The groups said privacy experts questioned the FCC's approach; other experts demonstrated the proposed rules were based on a flawed premise; commenters warned consumers would be harmed; and business and tech groups highlighted economic and technical problems. "The record makes clear that the best course is for the FCC to abandon its flawed approach and harmonize privacy regulation for broadband providers with the well-established and effective approach implemented and consistently endorsed by the FTC and the Obama Administration for many years and that has both protected consumers’ privacy and fostered unprecedented innovation, investment, and broadband adoption," the groups said. "This is the core of the Consensus Privacy Framework first submitted by a wide range of industry participants to Chairman Wheeler in March, which is a more efficient, pro-consumer and pro-innovation alternative. Chairman Wheeler promised to review the record and listen to the public. If he is to keep that promise, the FCC must change course." Public interest groups want the FCC to take its own approach (see 1606080034). The FCC didn't comment Thursday.
The satellite industry took its argument that fixed satellite service (FSS) satellites need co-primary status with upper microwave flexible use for 5G sharing in the 28 GHz band to Commissioner Jessica Rosenworcel's office, said an ex parte filing Wednesday in docket 14-177. The satellite and wireless industries have split on co-primary status (see 1606020035). According to the filing, the satellite officials said FSS needs for co-primary status there are "a critical issue," necessitating grandfathering of currently licensed FSS earth stations and of new ones licensed or applied for before any local multipoint distribution service reauthorization and before the upper microwave flexible use auction. They also said additional FSS earth stations should be allowed on co-primary basis after the reauthorization and auction. For the 37/39 GHz bands, the satellite officials said the FCC should seek additional comment before adopting any rules. According to the filing, officials from Boeing, DirecTV, EchoStar, Intelsat, Iridium, Kymeta, Lockheed Martin, O3b, OneWeb, the Satellite Industry Association, SES, SpaceX and ViaSat met with Rosenworcel aide Johanna Thomas.
The FCC should act on an MVDDS 5G Coalition petition for rulemaking seeking revised rules for the Multichannel Video Distribution and Data Service band, the Computer & Communications Industry Association said Wednesday in a letter to the commission. The 12.2-12.7 GHz band is underutilized but has great potential for 5G, CCIA said. The FCC held auctions of the spectrum in January 2004 and December 2005, CCIA noted. “However, the rules for using that spectrum prohibited two-way communications, including mobile service,” the letter said. “Although licensees have pursued a number of ways for utilizing that spectrum, it has not become fully operational. … However, the Commission now has an opportunity to maximize the utility of this band.”
There's sufficient E-rate USF funding available to fully meet school and library demand for discounted service in the 2016 funding year beginning July 1, said the FCC Wireline Bureau in a public notice Wednesday in docket 02-6. The Universal Service Administrative Co. estimated in a letter this week that demand for the coming funding year would be $3.61 billion: $2.33 billion for "Category One" services providing broadband connectivity to schools and libraries, and $1.28 billion for "Category Two" internal broadband connections. The FCC has budgeted $3.94 billion for the E-rate program, and there's another $1.9 billion in unused funds from previous years, allowing the program to fully fund all of the requests for discounted service in both categories, the PN said.
The FCC's new Electronic Comment Filing System (ECFS) will launch June 20, after going offline for the preceding weekend, said a public notice released Wednesday. The old system will cease being accessible at the same time, the PN said. “All documents in the legacy system will be accessible in the new system, and saved links (bookmarks or favorites) to documents and proceedings should not need to be adjusted,” the PN said. The new system “is expected to significantly improve the resiliency and performance of ECFS,” the PN said. Tutorials for the new system are scheduled for Thursday, Tuesday and June 16, the PN said. The current ECFS will go down for the upgrade at 11:59 p.m. EDT June 17, and the new system will come online at 8 a.m. EDT June 20. The FCC will release a PN on the front page of FCC.gov if unforeseen delays occur, the PN said. “Given that ECFS is expected to be fully operational during all FCC business hours, the agency does not plan any changes to any deadlines.”
Upfront payments for bidding in the TV incentive auction are due at the FCC by July 1, the Wireless Bureau and Incentive Auction Task Force said Wednesday in a public notice. To become qualified to bid in Auction 1002, an applicant must have an application that has been deemed complete and must make a timely and sufficient upfront payment, the notice said. The FCC provides guidance on how to calculate the amount of an upfront payment, detailed wire transfer instructions and instructions on completing and faxing Form 159 for each upfront payment. The FCC advised potential bidders to pay close attention. A second document provided information on upfront payments and minimum opening bids for every market. The highest numbers, not surprisingly, are for New York City, with an upfront payment of $67.5 million and opening bid of $135 million. That's followed by Los Angeles, Chicago, San Francisco and Baltimore/Washington, D.C. For America Samoa, the upfront payment is $2,500, the minimum opening bid $5,000. The IATF also announced a new accelerated bidding schedule for the ongoing reverse auction, moving to three rounds a day from two. The new bid schedule will begin Monday. Starting Wednesday, the IATF also changed the dollar amount that can be entered as a proxy bidding instruction. Previously the dollar amount for proxy bids couldn't be less than 75 percent of the price offer for the station's currently held option, but now it can't be less than 50 percent, the IATF said.
A draft FCC order circulating among commissioners would adjust application fees based on changes in the Consumer Price Index, an agency spokesman told us Tuesday. The item was on the FCC's circulation list, which is updated every Friday.
FCC authority to review a proposed Telcordia contract to be the next local number portability administrator (LNPA) isn't limited to issues of neutrality and national security, said the LNP Alliance and New America's Open Technology Institute. The commission has broad authority to oversee the master services agreement (MSA) negotiated by Telcordia (iconectiv) and North American Portability Management (NAPM) "at every stage and to review every aspect of the MSA prior to approving it," said the LNP Alliance and OTI's Wireless Future Program in a filing posted Tuesday in docket 09-109 summarizing a meeting with staffers of FCC Chairman Tom Wheeler and the Wireline Bureau. The groups urged the FCC to address "the shortcomings of the LNPA Transition and to make improvements to all aspects" of the MSA. They noted their suggestions to: ensure the LNPA transition from Neustar to iconectiv incorporates and doesn't delay industry's IP transition; maintain a "neutral, independent and mandatory" Number Portability Center Administration Center (NPAC) for routing telecom services and porting numbers; alter NAPM's large-carrier membership; increase the transparency of the LNPA transition and its timeline; and make specific changes to the MSA, including by removing NAPM as the final arbiter of NPAC disputes. In a filing on a meeting with Commissioner Michael O'Rielly and an aide, the two groups cited concerns about a process that has left them "in a position where the MSA could be approved at any time" -- though LNP Alliance's counsel said recently some commissioner offices still had questions and didn't seem to be in a hurry (see 1606020050). The groups sought new MSA language to reinforce NPAC's mandate and "ensure third-party 'ENUM' [electronic number mapping] registries don't supplant the current neutral number porting system." They attached a draft national number portability report by an Alliance for Telecommunications Industry Solutions committee that they said suggested number portability could be handled by multiple registries rather than a single entity. Telcordia didn't comment.
North American Portability Management filed to "correct" LNP Alliance "misstatements" about the proposed master services agreement (MSA) that NAPM signed with Telcordia to be the next local number portability administrator. Among the alleged misstatements was that the new MSA restricts the use of the Number Portability Administration Center (NPAC) to telecom carriers offering telecom services, said an NAPM filing Friday in FCC docket 09-109. Parties, such as interconnected VoIP providers, can use NPAC services if they have obtained phone numbers directly or are eligible to obtain North American Numbering Plan resources for a region, it said. "The LNP Alliance has not identified any issues that could justify [FCC] delay in approving the New MSA ... . Moreover, the issues that the LNP Alliance is now raising constitute untimely petitions for reconsideration that must be denied." NAPM said it was commenting on the LNP Alliance's May 17 filing, which posted in the docket May 18 (see 1605180046). LNP Alliance attorney James Falvey told us Monday that NAPM and Telcordia had created "their own definition of telecommunications services -- that’s a statutory term; so it’s a little strange for them to be redefining that term." More broadly, he said various NAPM/Telcordia definitions "are vague, at times incoherent and unmoored from statutory definitions.”
Comments are due June 20 on FCC-proposed FY 2016 regulatory fees, with replies in docket 16-166 due July 5, said a notice in Friday's Federal Register. It said the proposed rule (see 1605190063) would increase direct broadcast satellite regulatory fees to 27 cents per subscriber per year, from the 12 cent DBS fee instituted in FY 2015, and divide AM/FM broadcasters that serve 3,000,001-6 million markets from those that have higher population coverage. It also seeks comment on allocating some wireline direct full-time equivalents who work on universal service or numbering issues to other fee categories as indirect FTEs, and on the idea of different fee categories for different types of satellite earth stations.