Federal Communications Commission (FCC)

T-Mobile’s pending shutdown of its 3G/CDMA network Thursday isn’t raising the same level of concerns as when AT&T shuttered its legacy network last month (see 2202240002), experts said. T-Mobile has far fewer security or other alarm systems attached to its network than AT&T. Dish Network raised concerns about 3G handsets used by Boost customers, the prepaid provider it acquired from T-Mobile, but those have been largely addressed, experts said.

Big ISPs warned the California Public Utilities Commission that proposed price and speed requirements could discourage participation in a $2 billion last-mile federal funding account (FFA) required by the state’s $6 billion broadband law. Consumer and local government groups debated how best to prioritize funds in other comments posted Tuesday and Wednesday on a proposed decision (PD) up for vote at the commission’s April 7 meeting (see 2203020062).

It remained unclear Tuesday afternoon if Senate leaders would move to hold initial votes later this week on Democratic FCC nominee Gigi Sohn and FTC nominee Alvaro Bedoya, amid uncertainties about whether all 50 Democratic caucus members will be available to appear on the floor. Senate Commerce Committee Chair Maria Cantwell, D-Wash., and Minority Whip John Thune, R-S.D., told us earlier in the day that chamber Democratic leaders were eyeing floor votes this week to discharge Bedoya and Sohn from the committee’s jurisdiction (see 2203220034). Senate Commerce voted 14-14 earlier this month on Bedoya and Sohn, meaning the full chamber would need to vote to discharge both nominees before lawmakers could act on their confirmations (see 2203030070).

As advocates of FCC action reallocating the 12 GHz band hope they’re nearing the finishing line, officials with the 5G for 12 GHz Coalition told us Monday the Benton Institute for Broadband & Society joined that group, adding to the push for FCC action. Members of the group said FCC Chairwoman Jessica Rosenworcel appears to be waiting for the Senate to confirm Gigi Sohn as the third Democrat on the FCC, but if that doesn’t happen soon, they hope the agency will act with the current 2-2 split.

Industry disagreed whether the FCC should pause some of its high-cost Universal Service Fund programs amid the recent $65 billion federal broadband support from the Infrastructure Investment and Jobs Act, in reply comments posted Friday in docket 21-476 (see 2202180046). Others debated whether to expand the fund's contribution base or turn to direct congressional appropriations. The FCC sought comments on USF's future as part of its report to Congress due by Aug. 12.

The FCC’s “top-to-bottom” review of communications companies’ ties to Russia, announced by Chairwoman Jessica Rosenworcel Wednesday (see 2203160031), likely has a broad focus, covering media companies, telecom and infrastructure providers, submarine cable operators and any Russian companies carrying U.S.-international phone traffic, industry experts told us. But compared with China, a recurring focus of the FCC, ties to Russia appear to be minimal.

California stepped toward regulating VoIP, broadband and wireless service quality. The California Public Utilities Commission voted 5-0 at a virtual meeting Thursday to open a rulemaking sought by consumer advocates to update telecom service-quality standards and enforcement. The Voice on the Net (VON) Coalition warned that states are preempted from regulating interconnected VoIP.

House Communications Subcommittee members are continuing to wrestle with whether and how to package legislation to reauthorize the FCC’s spectrum auction authority with other related policy matters. Witnesses at a Wednesday hearing on those issues urged Congress to quickly renew the FCC’s sales authority and cited a range of other matters lawmakers should simultaneously consider, including directing proceeds to pay for other telecom projects and addressing interagency disputes on frequency allocations (see 2203150069).

The FCC must be the decider in spectrum disputes, which was Congress’ intention when it approved the Communication Act in 1934, said Public Knowledge and the Digital Progress Institute in a paper released Wednesday. The paper notes the Commerce Department initially had authority to assign commercial spectrum licenses, but that duty was assigned to the Federal Radio Commission in 1927, and later the FCC. “Congress realized early on that giving an executive agency -- like the Department of Commerce -- the authority to regulate spectrum would create a massive conflict of interest in resolving spectrum disputes,” the paper said: “The reason is that the Executive Branch is a significant user of spectrum, and it would be difficult for a cabinet Secretary to be impartial when deciding either to grant a license to a commercial carrier or another executive agency.” Congress gave the FCC “a lot of tools to manage spectrum, as compared to the NTIA or any other agency,” the groups said: “Congress gave almost exclusive jurisdiction to the FCC to determine how commercial operators can use spectrum. … Congress had many opportunities to provide the NTIA with more spectrum allocation authority, but it did not.” The paper follows several disputes between the FCC and other agencies, most recently with the FAA over use of the C band for 5G.

Communications industry companies, law firms and government agencies are looking at returning to the office, with the COVID-19 omicron variant on the wane. The shift coincides with Washington, D.C., dropping its mask mandate and the White House urging companies and agencies to return to work. “COVID-19 no longer needs to dictate how we work,” said a White House COVID-19 Preparedness Plan released Wednesday.