Federal Communications Commission (FCC)

LA QUINTA, Calif. -- The EPA took “very seriously” telecom lead findings reported by the Wall Street Journal this summer (see 2307210004), EPA Senior Counselor to the Administrator Grant Cope said Monday. The government’s investigation continues, he told the NARUC Telecom Committee at the association’s meeting here. Also, FCC Chairwoman Jessica Rosenworcel’s former chief of staff Travis Litman said the FCC will have to “run, not walk” to complete net neutrality and other possibly divisive items before the election.

The House approved an amendment Wednesday night to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) that would defund the FCC's Communications Equity and Diversity Council, but the proposal’s prospects remained in doubt Thursday after chamber leaders abruptly pulled the measure off the floor amid misgivings from some Republicans. House GOP leaders are eyeing a pivot to a continuing resolution to fund the government past Nov. 17 but were still deliberating on its contours Thursday afternoon.

An FCC NPRM released Thursday proposes allowing schools and libraries to apply for funding from the E-rate program for Wi-Fi hot spots and wireless internet access services that can be used off-premises. FCC Republican Commissioners Brendan Carr and Nathan Simington dissented, as they did last month on a declaratory ruling clarifying that the use of Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2310190056).

The FCC amended its rules to retain radiotelephone requirements for vessels subject to the recently expired Great Lakes Agreement (GLA) with Canada, effective immediately, per a notice for Thursday’s Federal Register. The GLA established requirements on the usage and maintenance of VHF communications equipment for safety purposes aboard all vessels 65 feet or over in length, most towing vessels and vessels carrying more than six passengers for hire on the Great Lakes. The FCC incorporated the requirements into its rules. Following consultation with the U.S. Coast Guard, the FCC also modified the rules to require inspections every 48 months, rather than the 13 months previously required. “Ensuring the availability of critical maritime communications has been one of the Commission’s fundamental obligations since the earliest days of the Communications Act,” the notice said: “Similar to the terrestrial emergency 911 system, the maritime services provide for the unique distress, as well as the operational and personal communications, needs of vessels at sea and on inland waterways.”

The House voted 172-257 Wednesday against an amendment to the FY 2024 Appropriations Financial Services Subcommittee funding bill (HR-4664) from Freedom Caucus Chairman Scott Perry, R-Pa., that would have reduced the FTC’s annual funding to the almost $310 million it received for FY 2019 (see 1902150055). The chamber, meanwhile, approved on voice votes a trio of amendments aimed at curbing some FTC practices. The House was set to debate some other FCC and FTC-related amendments ahead of a final vote on HR-4664 that could happen as soon as Thursday. House GOP lawmakers are attempting to claw back additional federal funding for CPB via additional amendments to the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee FY24 funding bill (HR-5894).

The Nebraska Public Service Commission adopted a multitude of telecom orders at a livestreamed meeting Tuesday. In mostly unanimous votes, commissioners adopted policies on broadband funding, state USF, dark fiber leasing rates and rip and replace. Looking ahead, Commissioner Kevin Stocker (R) asked about tightening resiliency requirements after hearing a report on October communications outages.

Several telecom-focused congressional leaders told us they’re more seriously considering directly appropriating $3.08 billion to fully close the FCC’s Secure and Trusted Communications Networks Reimbursement Program funding shortfall amid the ongoing stall in talks on a spectrum legislative package that top lawmakers long hoped could pay for the additional funding (see 2311010001). The outlook for a spectrum legislative deal is very dim while lawmakers continue to wait for DOD to release a much-anticipated report on repurposing the 3.1-3.45 GHz band for commercial 5G use (see 2310180062). Communications policy-focused lobbyists and officials are closely following how work on FY 2024 appropriations legislation progresses in the weeks ahead for signs to indicate whether a change in tack on rip and replace takes place.

When trying to gauge how fully utilized nonfederal spectrum is, no commercial-use band should be off limits, multiple trade groups said Friday in FCC docket 23-232 reply comments. Numerous comments argued that the fact that a band is licensed for exclusive use doesn't mean it's automatically being used to maximum efficiency. Commissioners unanimously approved the spectrum usage notice of inquiry at their August meeting (see 2308030075).

Louisiana means to keep its lead among states in broadband, equity, access and deployment (BEAD) planning, even with a change in governors, said ConnectLa Executive Director Veneeth Iyengar in an interview. Louisiana last month picked Jeff Landry, now the state's attorney general, flipping to red a Democratic seat held by term-limited Gov. John Bel Edwards. Ahead of more elections across the country Tuesday, Mississippi Public Service Commission candidates told us they want to ensure all their citizens have internet access.

The FCC faces a bid by Rep. Greg Steube, R-Fla., to defund its Communications Equity and Diversity Council as part of upcoming floor action on the Appropriations Committee-approved FY 2024 spending bill that covers funding for the commission and FTC (HR-4664). Lawmakers pursued relatively few other FCC-focused amendments to HR-4664, but several targeted halting FTC action on proposed changes to the Hart-Scott-Rodino Act premerger notification process and other recent agency actions. House Appropriations advanced HR-4664 in July with proposals to cut funding to both the FCC and FTC compared with what they got in the FY 2023 omnibus funding package. The Senate Appropriations Committee proposes increasing annual money for both agencies (see 2307130069).