Federal Communications Commission (FCC)

Pole policies and participants must respond to climate change, said current and former state utilities regulators during an FCBA virtual event Monday. Pole replacement backlogs and insufficient information about attachments are challenges, they said. Florida could finalize its process this summer to become the 23rd state, in addition to Washington, D.C., to reverse preempt FCC pole attachments authority, said Berger Singerman cable attorney Floyd Self on another panel.

Preparing for and responding to disasters is “truly a partnership” among different levels of government and industry, said FCC Public Safety Bureau Chief Debra Jordan at an FCBA virtual event Wednesday. The FCC works hard “at building relationships at the state, the regional and the national level, so when there's a disaster we can ... partner and immediately begin jumping on the task [at] hand, and hopefully have a level of trust going into this." The commission plans to do outreach this summer on how states and others can access its disaster information reporting system (DIRS) and network outage reporting system (D) databases, said Jordan. The FCC adopted a framework last year to provide access to state, federal and tribal nations, with information sharing rules taking effect in September, she said. “We will have an application process that will grant agencies access to this information after certifying to requirements for maintaining the confidentiality of the data, as well as the security of the databases.” Jordan urged more collaboration on wireless emergency alert testing to address lingering issues with geofencing and delivery. The FCC used to respond mainly to hurricanes, but climate change is bringing more wildfires, tornadoes and severe winter storms, noted the bureau chief. Communications industry compliance is “high” but “not where we want it to be” with the California Public Utilities Commission’s 72-hour backup power requirements for wireline and wireless facilities, said CPUC Communications Division Director Robert Osborn. “It's not 100%.” The COVID-19 pandemic made it tougher for staff to visit sites to confirm backup power is present, but the agency is hoping to do more soon, he said. Distinguishing between traditional and IP-based networks on resiliency is a “thing of the past,” said Osborn. “We really just need to focus on the communication grid as a critical infrastructure.” Since the CPUC efforts, “we’ve seen a dramatic improvement in the resiliency of our networks,” said California Office of Emergency Services 911 Branch Manager Budge Currier. “They’re surviving a little bit better during disasters.”

The California Public Utilities Commission would break the law if it extended landline service-quality rules to VoIP, broadband or wireless, the telecom industry warned in comments filed Monday on a rulemaking sought by consumer advocates to update telecom service-quality standards and enforcement (see 2203170072). AT&T suggested the commission instead slash regulations for plain old telephone services (POTS). Consumer, small business and workers’ union advocates supported extending the rules.

FCC commissioners and industry groups stressed the need for USF changes during Free State Foundation’s annual policy conference Friday. Panelists also urged close coordination among agencies throughout the implementation of broadband programs funded by the Infrastructure Investment and Jobs Act.

Public Knowledge and other groups urged FCC action on a March petition asking the regulator to classify interconnected VoIP as a Communications Act Title II service (see 2203020052), in a webinar Friday. With revised net neutrality rules on hold at a 2-2 FCC, Public Knowledge Senior Vice President Harold Feld said the FCC faces a dilemma, and the time to provide clarity is now.

A draft FCC NPRM would seek comment on an Alternative Connect America Cost Model (A-CAM) Broadband Coalition proposal to establish an "Enhanced" A-CAM program, if adopted during the May 19 commissioners' meeting (see 2010300055). The proposal would "achieve widespread deployment of faster 100/20 Mbps broadband service" in rural areas currently receiving A-CAM support, said a fact sheet Thursday. Also on tap are orders updating priority calling rules and clamping down on robocalls. Another order would allow computer modeling to verify the pattern of FM directional antennas.

Federal and state lawmakers are looking for new ways to tighten robocall restrictions amid an evolving landscape, but experts told us it’s still challenging for governments to keep ahead of bad actors. Some on Capitol Hill are hoping to quickly enact a new anti-robocall package this year, despite a rapidly closing legislative window. State legislators are acting in case federal legislation stalls. Robocall opponents must “press on every front,” said North Carolina Attorney General Josh Stein (D) in an interview: He believes stopping bad actors requires state and federal collaboration, and should include industry and other countries.

The FCC approved 4-0 a notice of inquiry asking questions about standards for receivers. As expected (see 2204190053), the main change from what Chairwoman Jessica Rosenworcel circulated were questions on encouraging innovation for both receivers and transmitters, added at Commissioner Geoffrey Starks' request. Commissioner Nathan Simington has made the issue one of his top focuses since he joined the FCC.

Wireless carriers balked at a California Public Utilities Commission staff plan to restrict subscribers from combining state low-income support with federal affordable connectivity program (ACP) benefits for mobile plans. The CPUC received comments Thursday in docket R.20-02-008 on interaction among California LifeLine, federal Lifeline and ACP. The plan “is inconsistent with and preempted by applicable federal law, violates California law governing the state’s LifeLine program, and ignores relevant facts regarding subscribers’ wireless data needs,” said the National Lifeline Association.

Ohio justices asked why a city went to court rather than the legislature to collect franchise fees from over-the-top streaming video services. The Ohio Supreme Court held oral argument Wednesday on litigation between Maple Heights, Ohio, and Netflix and Hulu (case 2021-0864). Some justices appeared skeptical that Netflix and Hulu are video service providers that must pay franchise fees under Ohio’s 2007 law.