Federal Communications Commission (FCC)

The FCC unanimously adopted new rules for broadband access in multi-tenant environments Friday that crack down on revenue sharing and exclusive access agreements, said an order posted Tuesday (see 2202080065). The rules apply to telecom carriers in commercial and residential MTEs, and multichannel video programming distributors subject to section 628(b) in residential MTEs. Providers are prohibited from entering exclusive or graduated revenue sharing agreements, with the rule applying to agreements signed after the effective date of the rules and those already in place. Those with existing contracts will have 180 days after Federal Register publication to come into compliance. The FCC disagreed with commenters that the MTE broadband marketplace is competitive so further action is unnecessary (see 2202090046). Providers will be required to comply with a consumer disclosure requirement for any exclusive marketing agreements. A declaratory ruling clarifying the prohibition on sale-and-leaseback arrangements was also adopted. The new rules are “important steps that will increase competition,” said Chairwoman Jessica Rosenworcel. “Every American should have access to high-quality, affordable modern communications services,” said Commissioner Geoffrey Starks. Commissioner Brendan Carr said the actions “align with commission precedents as well as the iron laws of economics.” Commissioner Nathan Simington didn’t issue a statement.

NTIA could require states to include public utilities commissions as they decide how to use federal infrastructure funds, said Doug Kinkoph, associate administrator, NTIA Office of Internet Connectivity and Growth, at NARUC’s partially virtual conference Tuesday. Earlier in the day, the NARUC Telecom Committee axed overbuilding language from a proposed resolution about the coming billions of dollars.

SpaceX faces a new wave of calls for the FCC to reject its proposed second-generation satellite constellation. NASA also raised red flags about the SpaceX plans. A lawyer involved in the proceeding told us it would be surprising if the FCC were able to process the second-gen application in time for SpaceX to commence launches in March, as it targeted (see 2201100004). The FCC and SpaceX didn't comment.

Nebraska can’t wait for the FCC to get good broadband maps, said state Sen. Bruce Bostelman (R) at a livestreamed hearing Tuesday in the unicameral legislature’s Transportation and Telecommunications Committee. But the telecom industry poo-pooed having the Nebraska Public Service Commission draw its own map as proposed by Bostelman’s LB-914.

The FCC will soon adopt rules that "crack down on revenue sharing” and exclusive access arrangements between broadband providers and building owners in multi-tenant environments said FCC Chairwoman Jessica Rosenworcel during an Incompas policy summit in Washington Tuesday (see 2201210039). The record the FCC received last year on broadband access in MTEs “made one thing very clear,” Rosenworcel said: “The agency’s existing rules are not what they could be.” Commissioners Brendan Carr and Nathan Simington encouraged NTIA to prioritize unserved areas in its new broadband programs. Other panelists urged the FCC to revise the USF.

Lawmakers are frustrated that interagency spectrum policy infighting that became endemic during the Trump administration continues to be an issue one year into Joe Biden’s presidency, despite early hopes for a shift (see 2010260001). Some on and off Capitol Hill believe the Biden administration’s handling of the high-profile C-band aviation safety fracas that preceded delays last month in AT&T and Verizon rolling out commercial 5G use on the frequency (see 2201180065) has stirred an increased appetite for enacting a legislative solution. Others want to hold off on legislation for the time being in hopes recently installed NTIA Administrator Alan Davidson, FCC Chairwoman Jessica Rosenworcel and other officials will be able to quickly nip the squabbling.

Some broadcasters could be open to expected FCC proposals to require that political advertising data in online public files be machine-readable if it leads to more clarity on the rules for political ad filings, industry lawyers and officials told us. Others expect NAB and others to unequivocally oppose such a move.

The Alarm Industry Communications Committee (AICC), concerned about AT&T’s Feb. 22 shutdown of its 3G network, is asking the White House for help, hoping for a delay or other concessions. Members of the group asked the National Economic Council and the Domestic Policy Council to get involved, officials said.

Consumer and prison inmate advocates urged the California Public Utilities Commission to regulate video calling and other non-voice services used by incarcerated people to communicate with their families. But big inmate calling service (ICS) providers said Friday the CPUC can’t regulate those products because they're Title I information services under the 1996 Telecom Act.

The FCC is statutorily required to handle the 2018 and 2022 quadrennial reviews separately, said Media Bureau staff at an FCBA virtual panel Thursday. The law says the FCC “shall” review broadcast ownership rules every four years, and that means “this is something we must do,” said MB Attorney-Adviser William Durdach, saying the law doesn’t allow the agency to “roll a quad into another quad.” Stakeholders speculated the agency could seek to skip the 2018 QR (see 2112200018).