Characterizing NAB’s push for regulatory fees on tech companies as a Wi-Fi tax is “plainly false” and “intellectually dishonest,” NAB General Counsel Rick Kaplan blogged Tuesday (see 2110230001). The FCC’s current regulatory fee regime is “sloppy at best” because it requires broadcasters to pay fees to support initiatives that don’t involve broadcasting, such as the USF, he said. “The Facebooks of the world like business plans that rely not only on free, unregulated spectrum, but also Commission resources subsidized from regulatory fees that they are not obligated to pay.” NAB’s request to update regulatory fee payors doesn’t mention Wi-Fi and goes beyond unlicensed spectrum, Kaplan said. “Broadcasters are not seeking to escape paying regulatory fees,” he said. “It should not be controversial for broadcasters to cry foul when being forced to subsidize enormous companies like Microsoft, which generate revenue beyond the GDP of most countries (even after paying groups like Public Knowledge),” Kaplan said. “If public interest groups truly supported what’s best for the public, they wouldn’t simply kick and scream because Facebook, Google, and Microsoft may have to pay their fair share.” Reg fees for unlicensed spectrum is what the FCC sought comment on after NAB's petition, "because those were their words," emailed Public Knowledge Senior Vice President Harold Feld. "Every single trade association that filed read this the same way -- as a tax on WiFi. If there is any intellectual dishonesty here, it is the effort of NAB to avoid admitting they proposed something so stupid." The FCC and Information Technology Industry Council didn’t comment.
The FCC Wireline Bureau OK'd the National Exchange Carrier Association's average schedule USF high cost loop support formula modifications for 2022, said an order Monday. The bureau said the results and calculations "appear to be accurate and complete." The formula takes effect Jan. 1.
The Q1 USF contribution factor is 25.2%, down from 29.1% in Q4, said an FCC Office of Managing Director public notice in Monday’s Daily Digest (see 2109100069). Program support is projected at $1.78 billion.
The federal government is increasingly rife with spectrum fiefdoms among agencies, contrary to the FCC's core purpose as a centralized point of spectrum policy decision-making, Commissioner Brendan Carr said Wednesday during the Practicing Law Institute's annual telecom policy and regulation seminar. He said updating memorandums of understanding would help, but ultimately there must be deference to the expert agency making a final decision. Such "devolution" of spectrum policy will be a permanent fixture, but that trend needs some reversing, he said.
The Oklahoma Corporation Commission should open a rulemaking on whether to require more public disclosure of state USF data filed by contributors, Oklahoma USF (OUSF) Administrator Brandy Wreath reported Monday. Federal laws on customer proprietary network information (CPNI) “may complicate how certain information may be disclosed to the Commission,” Wreath cautioned. In the possible rulemaking, “discrete data elements could be identified and considered based on such things as the value public disclosure could bring to the administration of the OUSF, the availability of the data, potential variances between or among the different types of Contributing Providers, and how to ensure that CPNI is protected.” Oklahoma Commissioner Bob Anthony has pushed for more OUSF transparency. The commission switched to connections-based USF contributions last month (see 2112010014).
Oklahoma’s transition to a connections-based state USF contribution mechanism is “so far, so good,” said Brandy Wreath, the Oklahoma USF (OUSF) administrator, in an interview. Oklahoma Corporation Commission (OCC) members ordered the interim change in August to try to stabilize the OUSF while parties work on writing recommendations for the legislature (see 2108050049). In Tuesday comments at the California Public Utilities Commission, wireless companies and consumer groups panned a staff recommendation to shift to a flat, per-line surcharge.
FCC Chairwoman Jessica Rosenworcel is expected to easily advance out of the Senate Commerce Committee during a Wednesday meeting (see 2111230066) with unanimous support from panel Democrats and potentially most Republicans too, lawmakers and lobbyists said in interviews. Democratic FTC nominee Alvaro Bedoya is expected to get far less Republican support, amid some members’ threats to place holds on his confirmation (see 2111170059). The panel’s reception for Democratic FCC nominee Gigi Sohn is expected to divide sharply along party lines, while NTIA administrator nominee Alan Davidson could draw significantly less attention (see 2111300068). The meeting will begin at 10:15 a.m. in 253 Russell.
Senate Commerce Committee members’ treatment of Democratic FCC nominee Gigi Sohn during her Wednesday confirmation hearing is likely to sharply divide along party lines, in sharp contrast to a potential overwhelming bipartisan panel vote to advance commission Chairwoman Jessica Rosenworcel’s reconfirmation to the full chamber (see 2111300064), lawmakers and lobbyists said in interviews. NTIA administrator nominee Alan Davidson may also get some senators’ attention during the hearing but is likely to avoid harsh questioning due to expectation that Sohn will be the main focus. The hearing will immediately follow the 10:15 a.m. Senate Commerce executive meeting in 253 Russell.
Expand the USF contribution base to include broadband internet access services, 254 organizations said Monday in a call-to-action letter to broadband policymakers (see 2109130053). Among signers were Public Knowledge, the National Digital Inclusion Alliance, the Schools, Health & Libraries Broadband Coalition, the Ad Hoc Telecom Users Committee, Incompas, NTCA, WTA, the Rural Wireless Association and dozens of broadband providers. This change would “reduce regulatory uncertainty … better reflect evolving uses of services … be straightforward to administer, and would be more equitable and nondiscriminatory for residential and business consumers than the current system,” the letter said, saying the FCC can do this “under its existing authority without requiring new legislation.” The agency didn’t comment.
Broadband and housing advocates want more FCC scrutiny over multi-tenant environments and the deals MTE building owners make with providers, said replies posted Monday in docket 17-142 (see 2110210053). Some said exclusivity agreements could hamper enrollment efforts in the upcoming $14.2 billion Affordable Connectivity Program (ACP). MTE trade groups rejected additional regulation.