Gabriella Novello

Many telecom and ISPs say they want to participate in the FCC emergency broadband benefit programs, the agency announced Thursday. Among those are AT&T's BellSouth Communications (which AT&T confirms to us is the same as that company), Cable One, Comcast, Consolidated Telephone and Windstream.

Commissioners OK'd rules 4-0 for round two of the COVID-19 telehealth program, the FCC announced Tuesday. They denied an American Hospital Association petition for reconsideration to include for-profit hospitals as eligible providers. Nearly $250 million will be awarded during the second round. The commission created an application filing window rather than a rolling basis for accepting applications because "smaller providers with more limited resources may have faced difficulties quickly compiling their applications." The filing window is expected to open within 30 days. The FCC will announce this start date "very shortly," said acting Chairwoman Jessica Rosenworcel. Round one applicants that didn't receive funding must submit a new application for round two and "will receive an increase in points in Round 2 which are not available to other Round 2 applicants," the order said. Universal Service Administrative Co. will administer funds again, prioritizing applications from the hardest-hit and low-income areas, unfunded round one applicants, tribal communities, critical access hospitals, federally qualified health centers, healthcare provider shortage areas, new round two applicants and rural counties. Commissioner Geoffrey Starks said the rules give "significant weight to applications proposing to serve low-income communities" and included some of his proposed edits. Rules "strike the right balance between ensuring a wide and equitable distribution of funding and promoting the widest possible participation of health care providers," said Commissioner Brendan Carr. Commissioner Nathan Simington didn't release a statement. The FCC extended from six to 12 months the time applicants may receive funding, saying "providers will likely continue to rely on telehealth and connected care services as a critical means of addressing the COVID-19 pandemic through at least a good portion of 2022." Funds will be awarded in two phases, as expected (see 2103170047). The first $150 million goes to highest-scoring applicants. After a 10-day period, USAC will re-rank the remaining applicants and disburse the remaining funds. The commission kept in place eligibility requirements for providers from round one, and applicants needing to obtain approved eligibility determination must do so only for the "lead health care provider" listed on the application. If an applicant has multiple sites on their application, they must certify only that all sites listed are eligible. The order said its eligible services list is broad enough to provide "the flexibility needed to respond to rapidly evolving situations" and includes guidance on ineligible services.

Women are leading federal agencies that oversee telecom and tech policy “precisely at the right time,” despite holding acting titles, said former FCC Commissioner Mignon Clyburn during an FCBA event Monday. “They are not acting. They are doing,” Clyburn said. “I think we are going to make a meaningful dent in the digital divide,” said acting FCC Chairwoman Jessica Rosenworcel, citing the $3.2 billion emergency broadband benefit program and $7 billion in E-rate funds. Increasing diversity requires a “front-of-mind” approach when shaping policy, she said, and she's “keenly aware” she’s the only woman casting a vote on policies at the commission. “My hope is that we can continue to expand our definition of leadership, bringing in more diverse voices,” said acting NTIA Administrator Evelyn Remaley. “The workforce is changing, and we’re looking for ways that we can do a better blending.” Acting FTC Chairwoman Rebecca Kelly Slaughter noted it was difficult finding another commissioner of any agency whom she could ask for advice on what to do after having a child last year, before she became acting chair. “It was very important for me to set the example and take parental leave,” Slaughter said. “I may have been the first, but I certainly won’t be the last.”

Public safety advocates asked the FCC not to cast a wide net in defining what constitutes 911 fee diversion, as required by the Don’t Break Up the T-Band Act (see 2102160064). Doing so runs the risk of excluding states from several federal resources due to the actions of a few bad actors, said filings in docket 20-291. Comments on proposed rules were due Tuesday. Some telecom associations also sought more certainty.

With the USF contribution factor at an all-time high (see 2103020032), reform must be addressed “head-on,” said FCC Commissioner Brendan Carr during a Free State Foundation event Tuesday. The contribution factor has been “spiraling,” he said.

The FCC's recent infusion of money from Congress will likely help millions of students and low-income households stay connected during the pandemic, experts said in recent interviews. They said the commission must overcome longstanding institutional barriers to find a solution to shore up USF financially over the long haul (see 2102010059).

The FCC Precision Agriculture Connectivity Task Force unanimously approved an interim report Friday from the Accelerating Broadband Deployment on Unserved Agricultural Lands Working Group. The ag task force heard an update from the commission’s new Broadband Data Task Force (see 2103110050).

Acting FCC Chairwoman Jessica Rosenworcel is "anxious" to develop new broadband data maps, said Jean Kiddoo, who will head the commission's new broadband data task force (see 2102170052), during an FCBA event Thursday. The agency has identified a vendor to assist in the data collection and database for serviceable location fabric, and "it will be an FCC system," Kiddoo said. The fabric will combine all locations where fixed broadband is available and where it can be installed. "That is beneficial for everybody," said Lynn Follansbee, USTelecom vice president-policy and advocacy, because it will be a "living, breathing database" that providers and consumers can access. "This can be transformative in ways that you can't imagine," said AT&T Assistant Vice President-Federal Regulatory Mary Henze. Questions on how to file data can be sent to broadbanddatainquiries@fcc.gov. The Office of Economics and Analytics will issue a public notice announcing the initial filing deadline at least six months in advance, said Chelsea Fallon, broadband data task force chief implementation officer. Providers must have a corporate officer and qualified engineer certify accuracy. If one person is designated as both roles, one certification is needed, Fallon said. Fixed wired and satellite providers must submit polygons or lists of locations where they have service and where they could provide service within 10 business days of a request, with no charges or delays resulting from extending their network. Wireless providers must submit coverage maps for 3G, 4G LTE and 5G-NR data and voice coverage. The task force will accept third-party submissions. Those challenging a provider's availability data must include a certified submission of key information about locations and a basis for the challenge. Providers have 60 days to respond, either by agreeing within 30 days to remove a location or by resolving with the challenger. Providers responding to challenges must show availability by a preponderance of evidence. Nonconsumer challenges must show lack of availability by clear and convincing evidence. The goal is to resolve any challenges within 60 days, said Rural Broadband Auctions Task Force Deputy Chief Kirk Burgee.

IP captioned telephone service providers disagreed on whether the FCC should grant T-Mobile's petition for reconsideration on behalf of Sprint on parts of a November FCC order cutting IP CTS rates, per comments posted Wednesday in docket 13-24 (see 2011190026). Grant the petition because the rate cuts "adversely affected providers’ ability to provide functionally equivalent service to individuals with hearing disabilities," said Hamilton Relay: "The commission cannot ignore the fact that the decision to slash compensation rates and authorize [automatic speech recognition] has incentivized providers to either cut costs or offer lower-quality services." ClearCaptions disagreed: ASR is "more accurate, more consistent, and faster than what is generally available in the IP CTS industry today." If the commission isn't going to continue granting conditional approval for IP CTS providers to use ASR, "should reconsider the rate cuts that were based in part on providers’ ability to use ASR to achieve cost efficiencies" (see 2012110020), the company asked. Deny the petition because "Sprint continues to press the commission to adopt a tiered rate methodology that would increase compensation to Sprint," said CaptionCall: The petition "offers no new evidence."

Homes that enroll in the FCC’s $3.2 billion emergency broadband benefit program could be forced to discontinue their services if the commission fails to take additional action (see 2102260058), advocates said in interviews. Some suggested now is the time to consider how to update Lifeline before money runs out.