Federal Communications Commission (FCC)

Wiley’s Anna Gomez, former acting NTIA administrator, backed the Extending America’s Spectrum Auction Leadership Act (HR-7783) and two NTIA-focused spectrum bills in written testimony ahead of a Tuesday House Communications Subcommittee hearing (see 2205170081). HR-7783 is one of five wireless-focused bills House Communications will examine during the Tuesday hearing. The others are: the Ensuring Phone and Internet Access for Supplemental Nutrition Assistance Program Recipients Act (HR-4275), the Institute for Telecommunication Sciences Codification Act (HR-4990), the Simplifying Management, Reallocation and Transfer of Spectrum Act (HR-5486), and the Safe Connections Act (HR-7132). The partly virtual hearing will begin at 11 a.m. in 2123 Rayburn.

An administrative law judge dismissed AT&T’s challenge of Florida Public Service Commission pole attachment rules Wednesday. The failure of AT&T’s appeal means the PSC could approve a certification to reverse preempt the FCC’s pole attachment authority as soon as its July 7 meeting (see 2205160059). The Florida commission "properly engaged in rulemaking, considered the interests of regulated entities and their consumers, made changes to the rule based thereon, and ultimately approved the Proposed Rule based on that robust process," said Florida Division of Administrative Hearings ALJ Andrew Manko. The carrier had said the PSC should explicitly use FCC rules as the default. But Manko said the PSC "reasonably chose not to include methodologies so that it could develop precedent on those substantive standards through the unique adjudicatory process mandated by the Legislature." Florida's pole attachment rules aren't "illogical, unreasonable, despotic, or arbitrary and capricious," said Manko: Nothing in the federal Communications Act Section 224(c) "requires a state to adopt a specific methodology in its rules, much less to certify that it has done so," and not adopting a specific method doesn't contravene Florida law's requiring the state rules, "even if that statute were interpreted to require compliance with the federal certification standards,” he said. The Florida commission filed the rule Thursday with the state department, and it will take effect June 8, said a PSC spokesperson: Florida still must certify its pole attachment authority to the FCC. AT&T didn’t comment.

Pole policies and participants must respond to climate change, said current and former state utilities regulators during an FCBA virtual event Monday. Pole replacement backlogs and insufficient information about attachments are challenges, they said. Florida could finalize its process this summer to become the 23rd state, in addition to Washington, D.C., to reverse preempt FCC pole attachments authority, said Berger Singerman cable attorney Floyd Self on another panel.

FCC Commissioner Brendan Carr proposed Monday that wireless carriers be required to participate in the wireless network resiliency cooperative framework rather than a voluntary program, and that roaming arrangements be required before disasters. Carr urged quick action, noting ongoing wildfires and the approach of the Atlantic hurricane season, on an APCO webinar and in a news release.

Preparing for and responding to disasters is “truly a partnership” among different levels of government and industry, said FCC Public Safety Bureau Chief Debra Jordan at an FCBA virtual event Wednesday. The FCC works hard “at building relationships at the state, the regional and the national level, so when there's a disaster we can ... partner and immediately begin jumping on the task [at] hand, and hopefully have a level of trust going into this." The commission plans to do outreach this summer on how states and others can access its disaster information reporting system (DIRS) and network outage reporting system (D) databases, said Jordan. The FCC adopted a framework last year to provide access to state, federal and tribal nations, with information sharing rules taking effect in September, she said. “We will have an application process that will grant agencies access to this information after certifying to requirements for maintaining the confidentiality of the data, as well as the security of the databases.” Jordan urged more collaboration on wireless emergency alert testing to address lingering issues with geofencing and delivery. The FCC used to respond mainly to hurricanes, but climate change is bringing more wildfires, tornadoes and severe winter storms, noted the bureau chief. Communications industry compliance is “high” but “not where we want it to be” with the California Public Utilities Commission’s 72-hour backup power requirements for wireline and wireless facilities, said CPUC Communications Division Director Robert Osborn. “It's not 100%.” The COVID-19 pandemic made it tougher for staff to visit sites to confirm backup power is present, but the agency is hoping to do more soon, he said. Distinguishing between traditional and IP-based networks on resiliency is a “thing of the past,” said Osborn. “We really just need to focus on the communication grid as a critical infrastructure.” Since the CPUC efforts, “we’ve seen a dramatic improvement in the resiliency of our networks,” said California Office of Emergency Services 911 Branch Manager Budge Currier. “They’re surviving a little bit better during disasters.”

The California Public Utilities Commission would break the law if it extended landline service-quality rules to VoIP, broadband or wireless, the telecom industry warned in comments filed Monday on a rulemaking sought by consumer advocates to update telecom service-quality standards and enforcement (see 2203170072). AT&T suggested the commission instead slash regulations for plain old telephone services (POTS). Consumer, small business and workers’ union advocates supported extending the rules.

FCC commissioners and industry groups stressed the need for USF changes during Free State Foundation’s annual policy conference Friday. Panelists also urged close coordination among agencies throughout the implementation of broadband programs funded by the Infrastructure Investment and Jobs Act.

Public Knowledge and other groups urged FCC action on a March petition asking the regulator to classify interconnected VoIP as a Communications Act Title II service (see 2203020052), in a webinar Friday. With revised net neutrality rules on hold at a 2-2 FCC, Public Knowledge Senior Vice President Harold Feld said the FCC faces a dilemma, and the time to provide clarity is now.

A draft FCC NPRM would seek comment on an Alternative Connect America Cost Model (A-CAM) Broadband Coalition proposal to establish an "Enhanced" A-CAM program, if adopted during the May 19 commissioners' meeting (see 2010300055). The proposal would "achieve widespread deployment of faster 100/20 Mbps broadband service" in rural areas currently receiving A-CAM support, said a fact sheet Thursday. Also on tap are orders updating priority calling rules and clamping down on robocalls. Another order would allow computer modeling to verify the pattern of FM directional antennas.

Federal and state lawmakers are looking for new ways to tighten robocall restrictions amid an evolving landscape, but experts told us it’s still challenging for governments to keep ahead of bad actors. Some on Capitol Hill are hoping to quickly enact a new anti-robocall package this year, despite a rapidly closing legislative window. State legislators are acting in case federal legislation stalls. Robocall opponents must “press on every front,” said North Carolina Attorney General Josh Stein (D) in an interview: He believes stopping bad actors requires state and federal collaboration, and should include industry and other countries.