Federal Communications Commission (FCC)

Despite expectations that the affordable connectivity program (ACP) will run dry in days, telecom companies continued arguing in comments last week that the California Public Utilities Commission should take its time forming its response. However, while larger ISPs slammed consumer advocates' proposal, small local exchange carriers said they would work with the advocates on a compromise that quickly expands California LifeLine support to broadband.

FCC commissioners approved 5-0 an NPRM Thursday that proposes barring test labs from entities on the agency’s “covered list” of unsecure companies from participating in the equipment authorization process. In addition, the FCC clamped down on political robocall violations. Chairwoman Jessica Rosenworcel, working with Commissioner Brendan Carr, proposed the lab rules (see 2405020071).

NAB, NPR and other opponents of the FCC’s authorization of geotargeted radio used Thursday’s comments deadline to take additional shots at the technology, while proponent GeoBroadcast Solutions said the agency should “keep an open mind.” Two broadcast entities, Press Communications and REC Networks, have called for reconsideration of the agency’s order allowing content origination on FM booster stations. Geotargeted radio will “erode public confidence in FM radio broadcasting” and harm stations “baited into employing the technology,” NAB said in docket 20-401.

House Appropriations Financial Services and General Government Subcommittee members questioned FCC Chairwoman Jessica Rosenworcel Thursday on the commission's funding request for increased staffing across the agency and the affordable connectivity program. During the hearing on the FCC's FY 2025 budget proposal (see 2403110056), some legislators raised concerns about the FCC's work on combating illegal robocalls and its spectrum authority.

The possible end of the federal affordable connectivity program (ACP) isn't an excuse to make sweeping changes to state broadband grant rules, ISPs told the California Public Utilities Commission this week. In Monday comments (docket R.20-08-021), AT&T, Frontier Communications, cable companies and small rural local exchange carriers urged the CPUC to swiftly reject last month’s The Utility Reform Network (TURN) petition to modify rules for the California Advanced Services Fund (CASF) broadband infrastructure account (see 2404150062).

The Universal Service Administrative Co's. (USAC) role in administering the FCC's Universal Service Fund programs "is purely administrative," the FCC told the U.S. Supreme Court in response to Consumers' Research's challenge of how the commission determines quarterly contribution factors (see 2401100044). USAC "must comply with detailed regulations issued by the FCC" and "helps the FCC compute the amount of each quarterly payment" carriers must contribute, the agency said in an opposition brief filed in docket 23-456.

The FCC released the final text of an order restoring net neutrality and reclassifying broadband internet access service as a Communications Act Title II telecom service Tuesday. Commissioners approved the item during their April open meeting in a 3-2 vote. An initial comparison between the final text and the draft shows several changes, including "no rate regulation, no tariffing, no unbundling of last-mile facilities, and no cost accounting rules" as part of the Title II reclassification (see 2404250004). The order also clarified that "we have not determined that regulation of zero-rating and interconnection is detrimental, leaving room for states to experiment and explore their own approaches within the bounds of our overarching federal framework." The FCC added to the state preemption section that “the mere existence of a state affordability program is not rate regulation.” The commission won’t “address any particular program here,” it said. “Nevertheless, we find that states have a critical role to play in promoting broadband affordability and ensuring connectivity for low-income consumers.” The 2nd U.S. Circuit Court of Appeals upheld New York state’s affordable broadband law one day after the FCC adopted the Title II decision (see 2404260051).

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Sen. J.D. Vance of Ohio, a lead GOP co-sponsor of the Affordable Connectivity Program Extension Act (HR-6929/S-3565), confirmed Wednesday he will push hard for an amendment to the bipartisan 2024 FAA Reauthorization Act that would appropriate $7 billion in stopgap funding to keep the ailing FCC broadband program running through the end of the fiscal year. The Senate voted 89-10 to invoke cloture on the motion to proceed to the FAA bill as a substitute for Securing Growth and Robust Leadership in American Aviation Act (HR-3935).

The Senate Commerce Committee will likely advance an amended version of the draft Spectrum and National Security Act during a Wednesday executive session with unanimous support from the panel’s 14 Democratic members, but lobbyists will watch closely how many Republicans don’t openly object to the measure as a means of determining its viability. The spectrum bill, led by Senate Commerce Chair Maria Cantwell, D-Wash., would restore the FCC’s lapsed auction mandate through Sept. 30, 2029. The measure proposes using future license sales revenue to repay a proposed loan to the commission to fund the affordable connectivity program in FY 2024 and $3.08 billion for the Secure and Trusted Communications Networks Reimbursement Program (see 2404250061).