Federal Communications Commission (FCC)

The FCC approved 4-0 a notice of inquiry asking questions about standards for receivers. As expected (see 2204190053), the main change from what Chairwoman Jessica Rosenworcel circulated were questions on encouraging innovation for both receivers and transmitters, added at Commissioner Geoffrey Starks' request. Commissioner Nathan Simington has made the issue one of his top focuses since he joined the FCC.

Wireless carriers balked at a California Public Utilities Commission staff plan to restrict subscribers from combining state low-income support with federal affordable connectivity program (ACP) benefits for mobile plans. The CPUC received comments Thursday in docket R.20-02-008 on interaction among California LifeLine, federal Lifeline and ACP. The plan “is inconsistent with and preempted by applicable federal law, violates California law governing the state’s LifeLine program, and ignores relevant facts regarding subscribers’ wireless data needs,” said the National Lifeline Association.

Ohio justices asked why a city went to court rather than the legislature to collect franchise fees from over-the-top streaming video services. The Ohio Supreme Court held oral argument Wednesday on litigation between Maple Heights, Ohio, and Netflix and Hulu (case 2021-0864). Some justices appeared skeptical that Netflix and Hulu are video service providers that must pay franchise fees under Ohio’s 2007 law.

Industry counseled against FCC regulation on vulnerabilities to the security and integrity of border gateway protocols (BGP), in early comments on a February notice of inquiry from the FCC (see 2202250062). Cisco and other commenters said the issues are difficult and complex and require an international approach. The notice is part of the FCC’s cybersecurity focus as it looks at vulnerabilities posed by Russian companies (see 2203180051).

The FCC is working on a proposal on siting wireless and broadcast towers, small cells and other facilities in flood plains. An NPRM, circulated last month by Chairwoman Jessica Rosenworcel, takes on how the FCC should help the U.S. meet targets in executive order 13690, handed down under President Barack Obama in 2015, rescinded during the Trump administration and reinstated in the early days of the Biden administration.

Broadcast groups and the FCC will face off in oral argument before the U.S. Court of Appeals for the D.C. Circuit Tuesday over the agency’s foreign-sponsored content disclosure rules, and broadcast and appellate attorneys told us it's especially difficult to predict how the matter will play out, with rules that were unanimously approved and with the Russian invasion of Ukraine as a backdrop. “There is simply no need -- and it is unlawful -- to force broadcasters leasing to churches, schools and local businesses, among others, to do pointless research as to whether those lessees are foreign agents,” said an NAB spokesperson Friday. NAB is challenging the rules alongside the National Association of Black Owned Broadcasters and the Multicultural Media, Telecom and Internet Council.

California legislators urged the Public Utilities Commission to pause before approving rules for a $2 billion last-mile federal funding account (FFA) required by the state’s $6 billion broadband law. At a hearing livestreamed Wednesday, Assembly Communications Committee members grilled CPUC Communications Division Director Rob Osborn on a proposed rule to prevent ISPs from increasing prices for FFA-funded plans for 10 years.

FCC Chairwoman Jessica Rosenworcel cautioned House Communications Subcommittee members that some sales from upcoming auctions of the 2.5 GHz band and “construction permits for new full power television stations in communities with no license for the allotted station” will be on hold “pending reauthorization” of the commission’s auction authority if the current statute lapses Sept. 30 without a renewal. CTIA CEO Meredith Baker, meanwhile, urged the leaders of the House and Senate Commerce committees to adopt a stopgap renewal due to the limited legislative time before Sept. 30. The issue was a major focus of House Communications’ FCC oversight hearing last week (see 2203310060).

FCC Commissioner Geoffrey Starks is making staff changes, including a new wireline adviser, and new legal adviser, said a news release Thursday. Former Wireline Associate Bureau Chief Justin Faulb is Starks’ newest adviser; he previously had multiple roles at the agency, including as designated federal officer of the Broadband Deployment Advisory Committee. “He is one of the Commission’s leading experts on supply chain security,” said Starks in the release. Faulb’s wireline experience will come in handy on “securing our communications networks, increasing deployment, and achieving digital equity,” Starks said. Starks’ Media and Consumer Protection Adviser Diane Holland is moving to a position as deputy bureau chief in the Wireline Bureau and will be replaced by Austin Bonner, who had been Starks’ legal adviser, wireline and public safety. “Diane brought to my office a depth of knowledge and experience that will be hard to replace,” Starks said. Morgan Bodenarain, a former aide to Rep. G.K. Butterfield, D-N.C., will be Starks’ new legal adviser, focusing on digital equity, the release said. Bodenarain will succeed Special Adviser Alisa Valentin, who's leaving the FCC to work in the “non-profit space,” the release said.

As providers prepare for the June 30 opening of the FCC’s reporting portal for its forthcoming broadband maps, some industry representatives and experts said questions remain about what the broadband serviceable location fabric will look like and the kind of information that will be sought once the portal opens. Most agreed the new maps should be ready to be published by the fall, reflecting what FCC Chairwoman Jessica Rosenworcel told House Communications Subcommittee members last week (see 2203310060).