Federal Communications Commission (FCC)

The FCC seems unlikely to backtrack on last year’s 5-0 order splitting 5.9 GHz between Wi-Fi and auto safety (see 2011180043). Commissioner Brendan Carr considers this a key early test of the commission’s resolve to stick with controversial decisions (see 2105130064). Transportation Secretary Pete Buttigieg expressed concerns, similar to those in the last administration (see 2103250071).

Citing the impact of COVID-19 on incarcerated people and their families, FCC commissioners unanimously approved an order and Further NPRM Thursday to cut interstate rates for inmate calling services (see 2105120031). It’s “not the last action we will take because there is more that needs to be done,” said acting Chairwoman Jessica Rosenworcel during Thursday’s meeting.

Scott Harris of Harris Wiltshire appears to be the front-runner for NTIA administrator, communications sector officials and lobbyists told us. The Biden administration may announce its NTIA pick as soon as next week. The Senate Commerce Committee voted down 14-14 Wednesday a bid by ranking member Roger Wicker, R-Miss., to attach his Improving Spectrum Coordination Act (S-1472) to the Endless Frontier Act (S-1260) amid Democrats' belief a permanent administrator needs to be in place before lawmakers consider major changes to spectrum policymaking. Senate Commerce advanced an amended version of S-1260 24-4 (see 2105120063).

The Wi-Fi Alliance, NCTA and others opposed an Amateur Radio Emergency Data Network petition (see 2105030042) for stay of the FCC's 5-0 November order opening 45 MHz of the 5.9 GHz band for Wi-Fi, while allocating 30 MHz for cellular vehicle-to-everything (see 2011180043). Most of the order takes effect July 2. “AREDN fails to demonstrate that it will likely prevail on the merits,” the alliance said in a filing posted Tuesday in docket 19-138. “Contrary to AREDN’s assertions, the Commission has broad, exclusive authority to manage spectrum designated for non-federal operations under the Communications Act and therefore was well within its ability to reallocate the 5.9 GHz band,” the group said: AREDN hasn’t demonstrated it would suffer any harm, while other groups would if a stay were granted. “The 5.9 GHz Order is a key component of the Commission’s efforts to deliver immediate and long-term improvements to in-home broadband delivered over Wi-Fi,” said NCTA: “The COVID-19 public health crisis has only intensified reliance on Wi-Fi networks and further underscores the importance of making new unlicensed spectrum available.” AREDN “has it backwards,” said Public Knowledge and New America’s Open Technology Institute. “The authority of the Secretary of Transportation to mandate safety equipment for vehicles does not extend into the subject matter jurisdiction of a sister agency.” Wireless ISPs use the band under special temporary authority, the WISP Association said. “As many STA holders have indicated in their initial STA requests and renewal applications, demand for bandwidth capacity is not expected to subside post-pandemic because more people will continue to work from home and use telehealth, especially in rural areas where medical facilities are not often nearby.” A lawyer for AREDN emailed that the FCC isn’t allowing replies to the oppositions, and declined further comment.

The FCC should immediately reject last week’s complaint from the Maryland Office of the State’s Attorney for Baltimore City calling for an investigation into the news content of Sinclair's WBFF Baltimore, said Commissioner Brendan Carr Monday. “The FCC should make clear that it will not operate” as the Democratic National Committee’s “speech police,” said Carr. The complaint by the Baltimore City State’s Attorney Communications Director Zy Richardson calls on the FCC to investigate WBFF over its coverage of State’s Attorney Marilyn Mosby, which Richardson said could incite racist violence: “They have become a megaphone that amplifies, encourages, and provides fodder for racists, throughout the city and beyond, to continue sending hate mail and death threats.” While WBFF understands "it’s not always popular with the individuals and institutions upon which we are shining a light, we stand by our reporting,” said General Manager Billy Robbins in a statement. Carr said it's “particularly troubling that a public official would work to silence reporters that are investigating her work at a time when federal prosecutors have already opened a criminal investigation into her activities.” He linked the complaint letter to other recent attempts by Democratic officials to lobby the FCC to take action against media outlets (see 2104200077). An FCC official told us that a week would be an unusually accelerated turnaround time for the agency to respond to a complaint of this nature. The agency has historically not acted on complaints about broadcaster content outside of indecency rules. “The Commission carefully reviews all communications sent to the agency, from formal filings to informal consumer complaints,” emailed a spokesperson. “We’re reviewing the Baltimore State Attorney General’s recent letter. The acting Chairwoman is clear about her support of the First Amendment and believes freedom of the press is a cornerstone of our democracy.”

Jessica Rosenworcel's tenure as FCC acting chairwoman has featured bipartisan unanimity. Former commissioners and others don't see her running out of noncontroversial agenda items soon. They told us to expect issues that could be contentious, such as revisiting net neutrality and new orbital debris rules, to be back-burnered until a third Democratic commissioner is appointed, breaking the current 2-2 balance. Current commissioners credit Rosenworcel including them in decision-making and communicating with them.

Commenters in docket 15-94 on FCC-proposed changes to wireless emergency alerts, state emergency communications committees (SECCs) and false alert reporting rules largely supported the plans. Some raised concerns about alert fatigue, confidentiality and how future “presidential” alerts should be designated to avoid public backlash. Proposed rule changes in a unanimously approved March NPRM (see 2103170070) stem from the 2021 National Defense Authorization Act, which gives the FCC until June 30 to implement new rules.

New York state will require all ISPs to sell a $15 monthly internet plan to low-income households. Gov. Andrew Cuomo (D) signed a budget Friday including the affordable broadband program and spending $1 million on a statewide map measuring broadband availability, reliability and cost. The plan got praise from the state’s consumer advocate, but the Information Technology and Innovation Foundation said it might foreshadow more price regulation.

Many state utility commissions are still evaluating when to fully bring back employees and the public, as more COVID-19 vaccines become available, agency representatives said in response to a Communications Daily survey. Two Southern commissions said they’re at least mostly back, though coronavirus protocols continue. Commissions reported such safety measures as plexiglass barriers, temperature checks, and masking and social distancing requirements. Communications companies, law firms and federal agencies also are still deciding, our earlier report found (see 2104140030).

Groups representing smaller carriers emphasized the importance of giving carriers with fewer than 2 million subscribers priority as the FCC establishes rules to pay for ripping and replacing network gear from Chinese vendors. Huawei protested any requirement that equipment be removed from networks and said the program should be voluntary. The FCC should be aware that a global shortage of chipsets (see 2104120057) could complicate replacement, USTelecom warned. Comments were posted Tuesday in docket 18-89.