FCC Aug. 1 Agenda Includes USF, Robocalls, Cable LFAs
The FCC’s Aug. 1 commissioners’ meeting will be headlined by proposed rulemakings on robocalls and the Rural Digital Opportunity Fund, per the tentative agenda and drafts released Thursday late afternoon. Members will vote on an NPRM on low-power FM technical rules, orders on 911 location and small satellites, plus items on a toll-free number auction and local franchising authority over cable.
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Cable-related in-kind contributions required by local franchise authorities of cable operators are subject to the 5 percent franchise fee cap. If an LFA objects to a cable operator's proposed modification of existing agreements, it can pursue that in federal or state court, under the draft order. The FCC says the Communications Act clearly pre-empts state or local regulation of cable operators' non-cable services. Localities lobbied heavily against the LFA proposals (see 1811280048) teed up in last year's Further NPRM (see 1809250017), but cable backed them (for example, see 1809210050).
Earlier this week, NCTA, Comcast, Cox and Charter Communications met with aides to Commissioners Mike O'Rielly, Brendan Carr and Jessica Rosenworcel to urge adoption of the FNPRM's tentative conclusions, said a docket 05-311 posting Thursday. The cablers argued cable operators pay $3 billion annually in franchise fees, more than enough to defray regulatory costs. They said consumers will be hurt by some localities demanding more in-kind compensation or duplicative authorizations and fees.
Fixed broadband providers would have to submit maps to the FCC of where they provide coverage, with service being counted as available in an area only if the fixed provider has a current broadband connection or could provide one within 10 business days, under that draft order. Those maps would be due within six months of Universal Service Administrative Co. announcing availability of the new broadband collection platform. The order also would allow state, local and tribal entities and the public to submit their own fixed broadband availability data. An accompanying FNPRM would seek comment on incorporating mobile broadband and other issues. A Phoenix Center study Thursday estimated 4 million homes are falsely counted as having broadband coverage (see 1907110028).
The proposed smallsat regulatory streamlining that Pai announced Tuesday (see 1907090030) would have the agency creating an additional licensing application process within Part 25 rules for small satellites that would provide for streamlined applications. Under the draft order, it would be open to satellite systems of 10 or fewer satellites under a single authorization, and applicants would be exempted from processing round procedures. The application fee would be $30,000.
A draft ID spoofing order would expand current rules to include communications originating outside the U.S. directed at consumers here. It would expand the scope of caller ID rules to text messaging and “alternative voice services, such as one-way VoIP services.” The FCC laid out the proposal in some detail Monday (see 1907080063).
“In this Second Report and Order, the Commission would take another step to combat the persistent problem of fraudulent and harmful spoofing activity, some of which is occurring through means other than traditional phone calls made from within the United States,” the draft says. The FCC notes it’s pursuing a multifaceted approach to spoofing: The regulator “issued forfeitures totaling more than $200 million and proposed another $37.5 million in … the last year alone, adopted rules enabling voice service providers to block certain clearly unlawful calls before they reach consumers, and clarified that voice service providers may offer call-blocking services by default.” The order is to take effect six months after adoption and release or 30 days after Federal Register publication, “whichever is later.”
Pallone and House Commerce ranking member Greg Walden, R-Ore., praised the FCC for circulating a draft order banning malicious caller ID spoofing of text messages and international calls, which would implement part of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act (see 1907080063). “In concert with [HR-3375], this action furthers our commitment to shield Americans from illegal robocalls that perpetuate fraud, threaten personal privacy, and undermine our telecommunications system,” Pallone and Walden said in a statement. “We look forward to moving our legislation across the finish line to build on the progress made with the [Ray Baum's Act] and cut the line on illegal robocalls once and for all.”
The draft LPFM NPRM stems from a REC Networks petition from June 2018 (see 1807230039) that sought updating or relaxation of rules for LPFM stations. The NPRM would propose rule changes to make it easier for LPFM stations to use directional antennas, sunset some interference requirements for LPFM stations on the reserve bands, allow LPFM stations to use FM booster stations, and redefine what constitutes a minor change for LPFM. The original REC petition sought a rule change that would allow LPFM stations to increase their power, but the NPRM “tentatively rejects” that aspect of the petition, which NAB and full-power broadcasters opposed.
REC founder Michelle Bradley met with Audio Division Chief Albert Shuldiner Tuesday about aspects of the petition, she filed in RM-11810. Docket 19-193 was created for the NPRM, said a public notice Thursday.