"Significant improvements" in telecom accessibility are being made, but gaps remain, said the FCC Consumer and Governmental Affairs Bureau in the biennial 21st Century Communications and Video Accessibility Act report to Congress, posted Wednesday in docket 10-213. It echoed the conclusions of 2018's report (see 1810100061). It said the past two years have seen notable advances in smartphones with improved access to telecommunications and advanced communications services, plus advances in speech-to-text and text-to-speech technology, voice assistants and screen readers. But there appear to be accessibility issues for the deaf and hard of hearing for video calling and conferencing, video games and virtual and augmented reality services, it said.

The FCC Media Bureau and Incentive Auction Task Force announced deadlines for remaining invoices for reimbursement for costs associated with the post-incentive auction repacking, and 74 stations are still using interim repack facilities, according to a Wednesday public notice. The 510 broadcasters with repack completion dates during phases one through five must have invoices in by Oct. 8, 2021, the PN said; 27 of those haven’t transitioned to their final facilities, the PN said. The 444 stations that had completion dates in phases six to 10 have until March 22, 2022; 47 entities in this group haven’t moved to permanent facilities, the PN said. The 1,140 other participants -- low-power TV, FM stations and MVPDs -- must submit invoices by Sept. 5, 2022. The deadlines are intended to allow for all eligible invoices to be processed by July 3, 2023, when anything left in the reimbursement fund is sent to the U.S. Treasury, the PN said. “Entities are encouraged to initiate close out procedures as early as possible,” the PN said. The agency will consider extensions but will require evidence of circumstances outside an entity’s control, such as “local zoning or a force majeure event.” The FCC “will not be able to grant extensions that do not provide the staff with sufficient processing time to complete close-out procedures for all stations” by the July 2023 deadline, the PN said.

Senate Republicans “need to get smart and confirm” FCC nominee Nathan Simington “ASAP,” President Donald Trump tweeted Tuesday. Trump last month named Simington, an NTIA senior adviser, as his pick to replace Commissioner Mike O’Rielly (see 2009150074). Trump directed the tweet toward Senate Commerce Committee Chairman Roger Wicker, R-Miss., who sets the committee’s agenda. Wicker met with Simington last month and supports the committee advancing his confirmation (see 2009300022). Senate Commerce hasn’t set a hearing on the nominee, and the prospects of confirming him before the Nov. 3 election appear to be dimming further, after Majority Leader Mitch McConnell, R-Ky., paused floor proceedings until Oct. 19 because three GOP senators tested positive for COVID-19 (see 2010050053). Wicker and Senate Commerce staff have reviewed Simington's "final paperwork," an aide told us. "We are performing the standard vetting process expeditiously as we determine a hearing date in the near future."

The FCC posted the dates of next year's monthly commissioners' meetings, a spokesperson noted Tuesday. He declined to say whether the listings having the location of 45 L St. NE means they will be in person and at the new agency headquarters; so far during the pandemic, the gatherings have been virtual. The 2021 dates are Jan. 13 (see here); Feb. 17 (here); March 17 (here); April 22 (here); May 20 (here); June 17 (here); July 13 (here); Aug. 5 (here); Sept. 30 (here); Oct. 26 (here); Nov. 18 (here); and Dec. 14 (here).

FCC changes to rules governing administrative hearings take effect Nov. 5, says Tuesday's Federal Register. The changes streamline the process, permit more “paper hearings” and let the FCC or representatives, as well as administrative law judges, preside over hearings (see 2009140063).

Consult with tribes before changing FCC ex parte rules, the National Congress of American Indians commented, posted Monday in docket 20-221. Comments were due Friday on a July NPRM. “The proposed rule is a Commission action which would significantly and uniquely affect tribal nations because it sets forth a new process for exempting tribal nations from ex parte rules,” NCAI said: “Tribal nations may reasonably have questions.” The notice “requires more substantive consideration and dialogue,” the Cherokee Nation commented: “Without the proper dialogue, the Cherokee Nation cannot adequately embrace the proposal nor intimately characterize how it may impact interactions, either positively or negatively,” with the commission. “Proposals to accelerate the schedule for the submission of notices of oral ex parte presentations, and replies thereto, are neither in the public interest nor necessary to achieve the Commission’s goals,” T-Mobile said. “Requiring the same-day submission of notices of oral ex parte presentations could undermine the Commission’s efforts to increase transparency and develop a fully informed record.” Expand by a day, “to three weeks and one day, the date it makes available to the public drafts of documents to be voted on” at commissioners' meetings, ACA Connects commented: “While ACA Connects recognizes the benefits to the Commission’s decision-making that should result from adoption of the NPRM’s proposal, it does not believe these benefits must come at the expense of the public having one less day of advocacy.”

Managed access systems (MAS) aren't an effective solution to contraband cellphones in correctional facilities, the Correctional Leaders Association (CLA) said in reply comments on the FCC’s July record refresh on the item. Senate Republicans and others urged the FCC to put jamming on the table, which carriers strongly oppose (see 2009170053). Comments were posted Friday in docket 13-111. CTIA contends MAS technologies are “operational and successful today,” CLA said. “Corrections institutions face many challenges with using MAS,” the group commented: “Multiple departments of correction” have used MAS technologies “and they have not been overwhelmingly effective. The problem with MAS is not only the cost, operational burdens, and logistical issues that were cited in various CTIA comments, but the fundamental fact that MAS systems are not effective.” CTIA opposes micro-jamming but has never conducted field tests, CLA said. “Correctional facilities always have the ability to use landlines to call 9-1-1 and can even turn off the jamming system in the event of an emergency,” the group said. “Jamming also does not interfere with radios or any frequencies with which the jamming system is not designed to interfere.” CTIA disagreed. MAS, “available and proven today, is the most effective contraband interdiction solution, and MAS-Evolved will be even more efficient and effective,” CTIA said. Alternatives to MAS “are similarly expensive without offering the clear advantages of MAS,” the association said. CTIA said jamming isn’t a viable option: “Because of their indiscriminate nature, jamming mechanisms endanger legitimate communications -- including public safety communications and 9-1-1 calls -- both within and near correctional facilities. Moreover, jamming does not offer the cost savings that some have suggested.” The FCC made jamming illegal for “good reasons” and it's “a grave risk to public safety,” AT&T said: “Reject calls for carriers to freeze technology evolutions or degrade service around prisons. Such efforts would have minimal benefit in the fight against contraband device use while having unintended consequences for consumers and businesses located in proximity to prisons.” A court-order process to terminate service to contraband devices “best provides the assurances that contraband devices are correctly identified, correctional facilities personnel requesting termination have provided sufficient justification for the request, and wireless carriers are specifically authorized to take the actions requested and are protected from liability for potential violations the Communications Act and other statutes,” T-Mobile commented.

Comments are due Oct. 30, replies Nov. 16, on the proposed transfer of Conterra Ultra Broadband, Network USA, Detel Wireless, Broadplex and Network Communications licenses from Court Square Capital to EagleCrest and Draden Investors, said an FCC Wireline, Wireless and International bureaus public notice in Thursday's Daily Digest. The applicants also asked for a declaratory ruling allowing foreign investment in Conterra and Detel above the 25% benchmark set in the Communications Act and FCC rules, the PN said.

President Donald Trump signed Thursday morning a continuing resolution (HR-8337) to fund the FCC, FTC and other federal agencies through Dec. 11. The Senate passed HR-8337 Wednesday on an 84-10 vote, as expected (see 2009300053). Trump approved the CR nearly an hour after FY 2020 technically ended, but the White House OMB never formally declared a government shutdown.

A cable local franchise authority order “will survive judicial review," and the FCC “has no plans to reverse that decision” with Republicans in the majority, Chairman Ajit Pai said in letters to Reps. Bonnie Watson Coleman and Donald Payne, both D-N.J., released Wednesday. The lawmakers wrote Pai in August urging the FCC to reverse the LFA order because of the “serious risk to funding for” public, educational and government access channels “and damage to state and local governments’ ability to regulate cable operators.” Wins by presidential nominee Joe Biden and other Democrats in Nov. 3 could result in a reversal of the LFA order (see 2009020052). The 2019 order clarified the 6th U.S. Circuit Court of Appeal’s 2017 remand that “cable-related, ‘in-kind’ contributions-including PEG-related contributions required by a cable franchise agreement are franchise fees subject to the statutory five percent cap, with limited exceptions as set forth in the statute,” Pai said. He wrote that the 6th Circuit rejected localities’ stay request (see 2003230045), so the order is “now effective.”