Federal Communications Commission (FCC)

The FCC voted 5-0 Thursday, as expected (see 2012080070), to put in place a system to replace insecure equipment from Chinese companies Huawei and ZTE in U.S. networks. Commissioners agreed the FCC still has work to do. Congress hasn't funded a program to pay for the equipment removed. The Rural Wireless Association noted that the order doesn’t require carriers to replace equipment until replacement is funded.

The upcoming shift to a 2-2 split FCC at the start of President-elect Joe Biden’s administration doesn’t necessarily have to mean total gridlock, as those opposed to Senate confirmation of Nathan Simington as commissioner are forecasting, officials and FCC observers told us. They do believe FCC Democrats’ ability to move on big-ticket policy priorities, like bringing back the rescinded 2015 net neutrality rules, will be hindered until the Senate confirms Biden’s to-be-named nominee for the seat held by Chairman Ajit Pai. The Senate confirmed Simington Tuesday with unanimous Republican support and similarly uniform Democratic opposition (see 2012080067).

Hill conferees’ version of the FY 2021 National Defense Authorization Act retains some modified language from separate House- and Senate-passed versions of the measure (HR-6395/S-4049) aimed at hindering Ligado’s L-band plan rollout, as expected (see 2011230063). Ligado’s supporters and opponents aren’t completely satisfied with the language, though both sides spun it as a relative win. Some also believe it’s unlikely the FCC will act soon on the Ligado approval petitions for reconsideration pending before it (see 2005210043). The FCC didn't comment.

The Regulatory Commission of Alaska cleared Liberty Broadband to acquire an indirect controlling interest in GCI Communication. In a Friday order, RCA found the deal in the public interest. “Liberty Broadband has the managerial and technical fitness required for GCICC to remain fit, willing, and able to provide local exchange, intrastate interexchange, and private pay telephone services after the acquisition.” The FCC OK'd the companies’ federal application Oct. 23 after the deal was announced in August (see 2008310050).

The Pennsylvania Public Utility Commission aims to spur broadband with its first pole-attachment dispute resolution since the state asserted authority in March by reverse preempting the FCC, Chairman Gladys Brown Dutrieuille said at Thursday's virtual meeting. Commissioners voted unanimously to reduce telecom attachment rates FirstEnergy charges Verizon. In other states that day, California Sen. Lena Gonzalez (D) announced a second go at her Broadband for All bill and Colorado’s Broadband Advisory Board held its first meeting.

Colorado and Pennsylvania agencies urged caution as the FCC weighs how to deter states from diverting 911 fees on consumer bills for unrelated purposes. In reply comments due Wednesday in docket 20-291, the Colorado Public Utilities Commission warned some possible solutions in the FCC’s notice of inquiry “are inappropriate in response to the issue and may cause significant harm to the cause of improving public safety communications systems for use by the public.” The FCC shouldn’t adopt too narrow a definition for diversion that might conflict with 911 surcharge laws, the PUC said. Avoid imposing penalties that further harm local 911 systems, impede upgrades or severely hurt local governments, it said. Give states flagged as diverters an appeals process and a chance to correct behavior, it said. The Pennsylvania Emergency Management Agency doesn’t support "a nationwide fixed ‘list’ of allowable 911 expenses at the federal level nor do we support a liberal application of 911 fees to all public safety functions," PEMA replied. “An approach to a national list of allowable expenditures that is more restrictive or contradicts state statutes or eligibility rules would penalize Pennsylvania 911 systems and has the potential to significantly impact 911 service.” Conditioning federal grants on no diversion is more effective when more money is at stake, PEMA said. "A large-scale federal funding program for 911, in a similar fashion to FirstNet, would serve as a strong deterrent to 911 fee diversion." The FCC hasn’t flagged Colorado or Pennsylvania as diverters. USTelecom and the Alliance for Telecommunications Industry Solutions (ATIS) discouraged requiring providers to disclose on bills that a customer’s state is a diverter. ATIS said its Network Reliability Steering Committee “strongly opposes this approach because it would put the service providers in the middle of an issue that does not directly involve them and over which they have no authority to resolve.” Local and public safety groups warned in comments last month that some ways of punishing diversion could harm 911 (see 2011030029).

Consumer complaints about Frontier Communications' service quality have risen, according to state commission data obtained by Communications Daily. Regulators in 16 states provided data about 2015-19 complaints voluntarily or through Freedom of Information Act requests. Officials in some states with increasing complaints weren't surprised to see similar problems elsewhere. The telco said it works with state commissions to meet service quality metrics.

The FCC released the three draft items Chairman Ajit Pai is proposing for the Dec. 10 meeting (see 2011180065). The meeting will be headlined by a report and order implementing the Secure and Trusted Communications Networks Act, with an NPRM on equipment certification rules and an order on ATSC 3.0 datacasting. Industry officials said it's unclear whether FCC Democrats will consider any of the drafts controversial or major items that should be left for next year under the new commission.

All FCC action on the Telephone Consumer Protection Act isn’t focused on Facebook v. Duguid, to be argued before the Supreme Court Dec. 8, an FCBA webinar heard Thursday. Experts hope that case provides long-awaited clarity on what constitutes an automatic telephone dialing system (ATDS) under the TCPA (see 2011100052).

The three Republicans vying to succeed House Commerce Committee ranking member Greg Walden of Oregon told us they intend to largely maintain his approach to telecom policymaking during the next Congress, which is expected to include more debate on net neutrality. Walden announced his retirement plans last year, sparking debate about Communications Subcommittee Republicans’ future path (see 1911260048).