The FCC Broadband Deployment Advisory Committee confirmed a meeting Jan. 23 and 24 (see 1711170016), starting at 9 a.m. each day, said a notice set for Federal Register publication Thursday. BDAC approved six sets of recommendations for speeding deployment of wireless and wireline infrastructure at a November meeting, with some disagreement, especially from local officials (see 1711090054). BDAC is expected to finalize key recommendations at the January meeting, which will be in the Commission Meeting Room.
The FCC isn't expected to issue the net neutrality deregulation order this week, officials told us. It was adopted Dec. 14 (see 1712140039). Release could come next week, "but I wouldn't hold my breath," said an official. An FCC spokeswoman didn't comment. Commissioner Mike O'Rielly said last week he would have a full statement for inclusion in the order that would be longer than the statement he read at commissioners' monthly meeting, and it's possible other commissioners could supplement statements. After meetings, the agency also sometimes responds in the text to dissenting statements, slowing release.
The section of track where Monday’s deadly Amtrak crash occurred near Tacoma, Washington, likely won’t have operational positive train control before mid-2018, a spokesman for Sound Transit, which own the tracks, told us Wednesday. Amtrak Co-CEO Richard Anderson told reporters the deaths were “unacceptable” and Amtrak is committed to PTC. The National Transportation Safety Board said earlier the train was traveling at 80 mph on a 30-mph stretch when it derailed. PTC can prevent speeding, through automatic breaking. It was installed along the tracks as part of the rebuilding of the bypass, a seven-year, $181 million project, but turning systems on is complicated, the Sound Transit spokesman said. PTC “is a fairly complex endeavor that involves equipment installed on the track, equipment installed on trains,” he said. “It involves equipment in the control center or so-called back office. It involves networking it all together.” The federal deadline for PTC on the track is December 2018, and Sound Transit expects to beat that by about six months. The NTSB was studying whether the lack of PTC was a contributing factor (see 1712190049). The original deadline for installing PTC was December 2015, but Congress granted a three-year extension (see 1510290069), NTSB board member Bella Dinh-Zarr noted on CNN. NTSB has urged PTC “for decades,” she said. “Every year that we wait to implement PTC to its fullest extent means that more people are going to be killed and injured.” “Everybody is talking about PTC,” but it isn’t required on the line for another year, Anderson said in a news conference Tuesday. Amtrak is working with its partners to get PTC online on the track, he said. “We have to keep this as a wakeup call,” he said: “You can count on Amtrak following through on NTSB recommendations” on safety. The parts of the Northeast Corridor owned by Amtrak and some other lines have PTC, Anderson said.
The FCC doubled membership on the Intergovernmental Advisory Committee advising on telecom issues affecting local, state and tribal interests, in an order released Wednesday. The increased membership means a wider range of input and the size is more consistent with other advisory committees, Chairman Ajit Pai said. Commissioner Mignon Clyburn dissented, citing objections raised in November by the IAC chair. "Instead of delaying today’s decision until a conversation could be had with the IAC, the FCC Chairman chose to move forward anyway," she said. "It is deeply troubling that we would simply ignore an advisory committee’s recommendation without any discussion." Clyburn also protested cancellation of IAC's January meeting, but Pai said it was to give more time to select members. "This process will not be completed by January," he said. "But once the IAC is at full strength, we’ll quickly schedule its next meeting."
The FCC gave a waiver to Lifeline eligible telecom carriers affected by delay in launch of a national verifier of consumer eligibility for the low-income USF support program in six states (see 1712010042). The Wireline Bureau temporarily waived "recertification rules in Colorado, Montana, Mississippi, New Mexico, Utah, and Wyoming from January 1, 2018 through the date of the soft launch of the National Verifier for subscribers whose recertification deadlines or 'anniversary dates' would otherwise fall during that time frame," said a public notice in docket 11-42 and Tuesday's Daily Digest. Because the national verifier will reverify consumer eligibility, ETCs in the six states were instructed not to recertify the eligibility of Lifeline consumers with anniversary dates starting in January. "Now that the initial launch of the National Verifier has been delayed, however, those subscribers are at risk, through no fault of their own, of not having completed the recertification process by their anniversary dates," the PN said. The bureau partially granted the Michigan Public Service Commission extension of a waiver from Lifeline eligibility criteria changes through June 30 or the date on which the state aligns its eligibility criteria with the FCC's and updates its database. The PSC sought the waiver through Dec. 31, said an order in the docket.
NARUC supported 911 direct dialing in hotels and other enterprises, in replies posted Monday in FCC docket 17-239. NARUC passed a resolution at its November meeting (see 1711160006). Don’t pre-empt states, the association said. “It is counterproductive for the FCC to limit State’s ability to enforce compliance with any federal mandates or limit State rules that provide additional protections/requirements that enhance efficient and reliable operations of 9-1-1 systems.” West Safety supported an FCC rulemaking proposing uniform E-911 rules for enterprise communications systems (ECS) requiring direct 911 dialing, on-site notification, appropriate routing to public safety answering points and reasonably precise location information. NCTA replied the FCC should recognize that providing location information for ECS customers is more technically complex than with residential customers. ECS services should be accessible to the deaf and hard of hearing, said the National Association of the Deaf and others.
With about a week to go until the Dec. 28 deadline for states to opt out of AT&T plans, FirstNet clarified the costs states that say no would have to pay if their alternative radio-access-network fails. “If the opt-out state build or operation of its RAN fails during the term of the [Spectrum Manager Lease Agreement] SMLA, the state will only be responsible for the actual cost of reestablishing the RAN in the state,” FirstNet Senior Counsel Justin Shore said in a letter to New Hampshire shared Tuesday by Rivada. “The revised SMLA makes clear that these actual costs will be recommended through an independent, third party assessment.” A FirstNet spokeswoman confirmed the letter, saying "FirstNet has clarified the draft SMLA after consulting with the states and getting their feedback on the draft from this fall." Threat of large fees for opting out encouraged states to opt in, a Rivada spokesman said. “This is good news, even if it may feel to many states like it comes too late.” Forty of 56 states and territories have opted in (see 1712180023).
President Donald Trump unveiled a U.S. national security strategy Monday that includes a commitment to “improve America’s digital infrastructure by deploying a secure 5G Internet capability nationwide.” A White House report on the strategy briefly mentions its 5G deployment proposal to “increase national competitiveness, benefit the environment, and improve our quality of life.” House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., said she's “encouraged to hear the president’s national security strategy includes a pledge to deploy 5G wireless services nationwide.” House Communications held a hearing on 5G last month amid discussions about a draft bill from Senate Commerce Committee Chairman John Thune, R-S.D., and Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, that would encourage deployments by easing siting requirements (see 1710310057, 1711160058 and 1711240024). Lawmakers “will continue to work to unleash spectrum and support the development of 5G networks,” Blackburn said in a statement. “The 5G revolution is here, and I look forward to working alongside the administration to ensure America remains a leader in technology and innovation.” CTIA is “pleased” Trump’s strategy “acknowledges the critical importance of next-generation 5G wireless to maintaining America’s competitiveness,” said President Meredith Baker. “We are locked in a race with countries such as China and Russia to be the first to deploy 5G. To win this race we need government to make more spectrum available to industry and modernize the rules governing the deployment of wireless infrastructure.”
Proposing fining Sinclair some $13 million for not disclosing sponsorship of advertisements (see 1712150051) likely will be a 3-2 vote at the FCC, officials said. It's possible the notice of apparent liability will be released this week, after it took time for statements on the NAL from the commissioners to be finalized, we're told. The Democratic commissioners' concerns may include that the fine would be much less than the maximum of about $80 million, officials said. The broadcaster and the FCC declined to comment Monday. Sinclair is buying Tribune, in a deal expected to get regulatory OK, but perhaps not in conjunction with this NAL.
The FCC may fine Sinclair many millions of dollars in what's seen as a precursor to possibly approving Sinclair's pending buy of Tribune, informed sources said Friday. All commissioners have completed voting on a notice of apparent liability with a penalty of about $13.3 million, though not all members necessarily voted yes, said agency and other officials in interviews. Although the NAL apparently doesn't approve or possibly even mention the license transfer, such proposed fines or settlements often occur around the time the regulator approves transactions. Sinclair allegedly showed spots about 1,700 times that some could have mistaken for news segments, and the sponsorship wasn't disclosed to viewers, officials said. Some said the maximum fine for the violations could be $80 million, more than the draft NAL would seek. The penalty would add "to the long list of evidence that the FCC-licensed broadcaster will not act in the public interest" if it buys Tribune, said Sinclair/Tribune foe Coalition to Save Local Media, with members including the American Cable Association, Dish Network, NTCA and Public Knowledge. “Today’s report [here] should prompt more scrutiny by the FCC, Justice Department, and other parties on this proposed mega-merger." Sinclair and the FCC declined to comment.