Federal Communications Commission (FCC)

California should feel free to add conditions to Verizon/Tracfone even though Public Knowledge and Communications Workers of America withdrew objections to the deal at the FCC, (see 2108120029), PK and CWA clarified in a Tuesday notice at the California Public Utilities Commission emailed to the service list in docket 20-11-001. “Federal regulatory review is merely a floor for consumer protection, and the CPUC has statutory authority to require more consumer protections from the applicants based on the CPUC’s public interest review in the state of California,” PK and CWA said: Applicants haven’t proven to the CPUC that Verizon’s federal commitments are enough to protect Californians. Verizon filed Tuesday with the CPUC the agreement it reached with those and other groups about federal conditions. “The FCC agreement addresses concerns raised about Verizon’s acquisition of TracFone,” Verizon said. “The case is ripe for a decision.”

A divided U.S. Court of Appeals for the D.C. Circuit remanded the FCC's 2019 RF safety rules (see 2108130035) to the FCC for further work. The rules largely upheld old rules, while making a few tweaks (see 1912040036). Judges appeared skeptical of the FCC’s defense in January argument in Environmental Health Trust v. FCC (see 2101250051). The wireless industry and RF safety advocates both declared a win. The FCC is “reviewing the decision carefully,” a spokesperson said.

Verizon’s proposed buy of Tracfone got a major boost Thursday with Public Knowledge, Communications Workers of America and other groups dropping their opposition (see 2108110018). That means most of the groups now say their concerns have been addressed. Verizon filed a letter at the FCC formalizing its commitments. The groups retained the right to object in state proceedings, including before the California Public Utilities Commission. California consumer groups said the federal concessions don't ameliorate their concerns.

Verizon and Tracfone approval appears unlikely until after October, with the companies awaiting clearance from the FCC and California regulators, but the companies appear to be making progress. At least one deal opponent, Public Knowledge, appears poised to withdraw its objections. PK hasn’t filed anything at the FCC, but it's looking to do so soon, a spokesperson confirmed. Industry officials said Communications Workers of America will also soon lay out its latest take at the FCC.

Oklahoma adopted a connections-based contribution method for state USF on an interim basis Thursday. The Oklahoma Corporation Commission voted 2-0, with a concerned third commissioner abstaining, for a proposed order to replace the 6.28% revenue-based monthly fee with a $1.14 per connection surcharge. In Texas, state senators are pushing Gov. Greg Abbott (R) and the Public Utility Commission to act before rates spike for rural customers. Alaska, California and Oregon are mulling changes.

FCC commissioners approved 4-0 an NPRM on modifying compensation methodology for IP relay service supported by the Telecom Relay Service Fund. It’s the first time in 14 years the commission is considering such new TRS methodology. The current IP relay compensation period ends June 30.

Senate Minority Whip John Thune, R-S.D., and Commerce Committee ranking member Roger Wicker, R-Miss., believe it’s unlikely the chamber will hold votes on more amendments aimed at striking or paring back language in the $65 billion broadband section of the bipartisan Infrastructure Investment and Jobs Act filed as a substitute amendment to shell bill HR-3684 (see 2108020061), they told us Wednesday. Senators voted 43-55 Wednesday against one such amendment from Wicker.

Inmate calling service providers rejected proposed California limits on intrastate rates and some fees. The California Public Utilities Commission received comments Monday on an interim order, up for a possible Aug. 19 vote, that would include a cap of 7 cents per minute on intrastate rates for debit, prepaid and collect calls (see 2107130047). Consumer groups supported the plan and urged the CPUC to next seek ways to reduce video call and text-messaging costs. Also, the CPUC teed up implementation of the state’s $6 billion broadband law.

The Biden administration is working behind the scenes on plans to name Mozilla Foundation Senior Adviser Alan Davidson its nominee for NTIA administrator, former government officials and communications sector lobbyists told us. The White House is facing increased pressure to quickly fill the post since the agency is on course to administer the bulk of $65 billion in broadband money if Congress enacts an infrastructure spending package that a bipartisan Senate group formally filed Sunday. Senate Commerce Committee ranking member Roger Wicker, R-Miss., swiftly filed amendments aimed at addressing anti-digital redlining and consumer protection provisions in the broadband title he sees as a potential back door to rate regulation, as expected (see 2107300054).

NTIA's Allan Friedman, who helped lead software bill of materials (SBOM) multistakeholder work, leaves for Department of Homeland Security's Cybersecurity and Infrastructure Security Agency, where he says he will help CISA "focus on scaling and operationalizing" SBOM, "in the context of the vulnerability and security ecosystem" ... Also at NTIA, Aadil Ginwala begins as chief of staff; he had worked at Sandpaper Medical and Walla Technologies ... Forbes Tate Partners hires ex-AT&T Assistant Vice President-Federal Relations Kevin McGrann as senior vice president, working in Public Affairs and Government Relations practices.