press release

Final Report on March 8, 2017 AT&T Mobility VoLTE 911 Outage

On the afternoon of March 8th, 2017, nearly all AT&T Mobility (AT&T) Voice over LTE customers across the nation lost 911 service for five hours. This report presents the Federal Communications Commission's findings on the investigation.

Among the lessons learned from the March 8th outage is that when 911 service fails for any reason, Public Safety Answering Points (PSAPs) play a critical role in advising their jurisdictions of alternative ways to reach help. While AT&T and their subcontractors, Comtech and West, made efforts to notify thousands of PSAPs, the notifications were often unclear or missing important information, and generally took a few hours to occur. This outage also offers an illuminating case study that illustrates actions that stakeholders can take to promote network reliability and continued access to 911 service. For example, the March 8th outage emphasizes the importance of auditing all network assets critical to the provision of 911 service, and ensuring that such assets are safeguarded and designed to avoid single points of failure. The outage also demonstrates the need for closer coordination between industry and PSAPs, to improve overall situational awareness and ensure consumers understand how best to reach emergency services.

FCC Modernizes Personal Radio Services Rules

The Federal Communications Commission took steps to update the Personal Radio Services rules, also known as Part 95 of the Commission’s rules, in order to modernize them, remove outdated requirements, and reorganize them to make it easier to find information. Significantly, as part of this effort, the FCC addressed more than two dozen proposals submitted by interested parties. Today’s action will result in a more consistent, clear, and concise set of rules that will better serve the needs of the public.

FCC Proposes to Streamline Rules for Earth Stations in Motion

The Federal Communications Commission took steps to streamline, consolidate, and harmonize rules governing earth stations used to provide satellite-based services on ships, airplanes and vehicles. The action proposes additional flexibity for this fast growing segment of the satellite communications market. Currently, the regulation of these earth stations, collectively known as “earth stations in motion” (ESIMs), varies depending on the type of vehicle to which they are attached and are covered in various rule provisions. The Notice of Proposed Rulemaking adopted today, proposes to integrate the three types of earth stations in motion into a single regulatory category. The proposal also proposes rules to allow for blanket licensing in additional frequency bands—the “conventional Ka-band”— which will offer additional flexibity to ESIMs. Together, these proposed changes would simplify the regulatory approval process for ESIMs, reduce the burden on applicants and increase efficiency in processing applications.

Cable Operators Reaffirm Commitment to an Open Internet

As providers of broadband internet access service in many communities across America, we’ve always been committed to an open internet that gives you the freedom to be in charge of your online experience. And that will not change. An open internet means that we do not block, throttle or otherwise impair your online activity. We firmly stand by that commitment because it is good for our customers and good for our business.

House Commerce Democrats Unveil Comprehensive Infrastructure Package

Democrats on the House Commerce Committee introduced a broad 21st Century infrastructure package that includes key areas within the Committee’s jurisdiction, including broadband, drinking water, healthcare, the electric grid, brownfields and renewable energy infrastructure. The Leading Infrastructure For Tomorrow’s America Act, or LIFT America Act (H.R. 2479), sets out five years of funding for essential infrastructure improvements, job growth, and greater protections for public health and the environment. The LIFT America Act includes investments in several key areas including $40 billion for the deployment of secure and resilient broadband to expand access for communities nationwide while promoting security by design.

The LIFT America Act will invest in programs with proven records of job creation. The legislation requires the payment of prevailing wages. The bill will also spur new high-paying technology jobs by supporting deployment of smart buildings, smart grid, and Smart Communities technology.

The LIFT America Act is sponsored by Reps Frank Pallone, Jr. (D-NJ), Bobby Rush (D-IL), Anna Eshoo (D-CA), Eliot Engel (D-NY), Gene Green (D-TX), Diana DeGette (D-CO), Mike Doyle (D-PA), Jan Schakowsky (D-IL), G.K. Butterfield (D-NC), Doris Matsui (D-CA), Kathy Castor (D-FL), John Sarbanes (D-MD), Jerry McNerney (D-CA), Peter Welch (D-VT), Ben Ray Lujan (D-NM), Paul Tonko (D-NY), Yvette Clarke (D-NY), Dave Loebsack (D-IA), Joe Kennedy III (D-MA), Tony Cárdenas (D-CA), Raul Ruiz (D-CA), Scott Peters (D-CA) and Debbie Dingell (D-MI).

Schools, Libraries, and Companies Urge Trump Administration to Invest in Broadband Infrastructure

Connecting our nation’s schools, libraries, health clinics, and other community anchor institutions (CAIs) to affordable high-speed broadband needs to be a national infrastructure priority, especially in rural markets. In an effort to accomplish this goal, the Schools, Health & Libraries Broadband (SHLB) Coalition released a letter to President Trump signed by 30 companies and anchor institutions urging the Trump Administration to include funding to deploy high-capacity broadband to and through anchor institutions in rural markets in the upcoming infrastructure package.

The term “anchor institution” refers to any large community institution that serves the needs of the general public, and includes community colleges, public housing, community centers, public media, and local government offices in addition to schools, libraries, health clinics and hospitals. These community anchor institutions are crucial to closing America’s digital divide. The letter stresses that deploying high-capacity broadband to all rural anchor institutions is a cost-effective model to connect entire communities and stimulate economic growth. Unfortunately, the needs of anchor institutions are not addressed by existing funding mechanisms like the FCC’s Connect America Fund because anchor institutions need much greater bandwidth than the 10 Mbps service provided to residential consumers. The letter emphasizes the importance of an open application process for federal funding to spur competition, networking sharing to promote public-private partnerships, and coordinated and streamlined deployment, such as “dig once” and “make ready” policies. The digital divide is most acutely felt in rural America. The costs of deploying high-speed broadband in rural areas can be two to three times higher than in urban markets which makes it difficult for commercial companies to invest without financial support.

[Editor’s note: Benton is a member of the SHLB Coalition and signed the letter.]

President Trump Taps David Redl to Head NTIA

President Donald Trump announced his intent to nominate David J. Redl of New York to be Assistant Secretary for Communications and Information, Department of Commerce.

Redl is currently Chief Counsel at the US House of Representatives Commerce Committee. He serves as principal legal advisor to the Chairman and Members of the Commerce majority on communications and technology matters. Prior to his time with the Commerce Committee, Redl was Director of Regulatory Affairs at CTIA - The Wireless Association, where his work focused on spectrum policy, wireless broadband, and reducing regulatory mandates. Redl earned a BA in Journalism and a BA in Political Science from the Pennsylvania State University and a JD from the Catholic University of America. Redl is admitted to the New York and District of Columbia bars.

National Digital Inclusion Alliance Names the National Telecommunications and Information Administration’s Emy Tseng the 2017 Charles Benton Digital Equity Champion

The National Digital Inclusion Alliance (NDIA) announced that this year’s recipient of the Charles Benton Digital Equity Champion Award is Emy Tseng, a Senior Communications Program Specialist at the National Telecommunications and Information Administration (NTIA), an agency of the US Department of Commerce. Since joining the NTIA in 2009, Tseng has worked to increase broadband access and adoption in underserved communities throughout the United States. From 2009 to 2014, she managed a portfolio of local government and K-12 education grants for the Broadband Technology Opportunities Program. She was a major contributor to the Broadband Adoption Toolkit published by NTIA in 2013. She continues her work with NTIA’s BroadbandUSA program providing technical assistance to local and state governments that foster digital equity. Throughout her career, Tseng has demonstrated the ability to combine policy, practice, and data to create a holistic approach to digital inclusion. Before joining NTIA, Tseng served as the Digital Inclusion Director for the City of San Francisco, where she shaped one of the earliest local government digital inclusion programs and served on the first California State Broadband Task Force. Her work in San Francisco not only promoted computer ownership, digital skills, and Internet access, but also paid special attention to the needs of marginalized communities, showing that it is in the best interest of cities to bridge the digital divide. Tseng additionally served as a fellow at the Berkman Klein Center for Internet and Society at Harvard University, where her work on “inclusive innovation” analyzed how vulnerable communities use, adapt, and shape technology to address their needs and goals.

Georgetown Law’s New Institute for Technology Law & Policy Announces Appointment of Gigi Sohn as Distinguished Fellow

Georgetown Law’s Institute for Technology Law & Policy today announced the appointment of Gigi Sohn as a Distinguished Fellow. A renowned public interest lawyer who has worked in communications and technology policy for nearly 30 years, Sohn recently concluded three years of service as counselor to then-Chairman of the Federal Communications Commission, Tom Wheeler. During that time, Sohn played a central role as the agency formulated and adopted key policies relating to net neutrality, broadband privacy, broadband access and other matters. Sohn’s work at Georgetown Law’s Tech Institute will focus on the vital role of open, democratic, accessible and affordable communications networks, media and technology. During her appointment, Sohn will publish articles, convene public events and contribute to Georgetown’s academic community.

FCC Proposes $144K Fine Against Unlicensed Low-Power TV Station in KY

The Federal Communications Commission proposed a $144,344 fine against Vearl Pennington and Michael Williamson for operating an unlicensed low-power television station in Morehead (KY). An FCC investigation found that these individuals continued to operate well after the FCC license for their station was cancelled following failure to file a renewal. The proposed fine is the maximum allowed for ongoing violations of the Communications Act, justified by the individuals’ continued operation of the station for years despite repeated warnings that they were in violation of the law.

Sen Manchin Introduces Bipartisan Bill to Expand Broadband Deployment Using Accurate Coverage Maps

Sens Joe Manchin (D-WV), Roger Wicker (R-MS), Brian Schatz (D-HI), Deb Fischer (R-NE) and Jerry Moran (R-KS) introduced the Rural Wireless Access Act of 2017. This legislation would require the Federal Communications Commission (FCC) to collect broadband coverage data that is valid, consistent, and robust. This standardized data is necessary to ensure that policies to expand broadband deployment accurately target the unserved and underserved communities and account for the mobile coverage experience of those living in the most remote parts of the country. Other original cosponsors include Sens Amy Klobuchar (D-MN) and Gary Peters (D-MI).

This bill would direct the FCC to establish a methodology to:
Ensure that wireless coverage data is collected in a consistent and robust way;
Improve the validity and reliability of wireless coverage data;
Increase the efficiency of wireless coverage data collection.

Groups Petition FCC to Delay Reinstating Obsolete Loophole That Would Usher in a New Era of Media Consolidation

Free Press and a coalition of media-rights groups petitioned the Federal Communications Commission to stay its ruling reinstating an obsolete television-ownership rule. The rule in question, called the “UHF discount,” allows broadcasters to exceed the national ownership cap by discounting the actual population coverage of their UHF broadcast stations for purposes of calculating their stations’ reach.

The FCC under Chairman Ajit Pai voted in April to put this rule back on the books to pave the way for runaway broadcast-industry consolidation, like the Sinclair-Tribune merger that was announced earlier this week. These conglomerates hope to exploit the discount to leap over the 39 percent national audience-reach cap Congress put in place. In their petition to the agency, Common Cause, Free Press, Media Alliance, Media Mobilizing Project, the National Hispanic Media Coalition, Prometheus Radio Project and the United Church of Christ Office of Communication, Inc. explain that this is a dangerous outcome stemming from a bad agency decision. The UHF discount is a technically obsolete loophole that allows the FCC to underestimate the true reach of broadcast companies. It’s technically obsolete because while UHF stations once had weaker signals, today stations broadcasting on these channels actually have better signals thanks to the Digital TV transition that occurred a decade ago. As the groups’ filing makes clear, “Reinstatement of the UHF discount opens the door for rapid and massive consolidation despite a congressional directive that there should be a limit on the scope of national ownership.”

ASC3 Launches Services Call Center Providing Workforce Development Opportunities for Digital Literacy Program Participants

Ashbury Senior Computer Community Center (ACS3), a nonprofit inter-generational technology learning center in the heart of Cleveland (OH) helps those still living on the other side of the digital divide keep up. More than half of the participants in Ashbury’s programs have an annual household income below $15,000 with few options available to them to learn technology and get access to the internet on their own. Mobile Citizen’s partnership and much-needed affordable internet has been a key component in Ashbury’s ability to offer this new and innovative Services Call Center program.

Ashbury, together with Connect Your Community (CYC), recently launched a Services Call Center offering nonprofit customers basic services such as research design, survey creation, survey programming, survey administration, data analysis, data cleaning, data entry, focus group hosting, focus group moderation, evaluation and report writing. It doubles as a valuable workforce development opportunity for their 6,000 digital literacy program participants as call center associates are required to have to have digital literacy and other technology skills to be able to participate in the program.

Governor Cooper's (D-NC) Strong Proposal for Broadband Expansion

Gov Roy Cooper’s (R-NC) Common Ground Solutions budget included $20 million to improve internet access and service to households and businesses in underserved areas of North Carolina. Of that $20 million, $14.5 million would create a grant program to help local governments partnering with private providers and utility cooperatives complete ‘last mile’ broadband projects.

Newly released information from the Broadband Infrastructure Office identified at least 16 last-mile and middle-mile broadband projects across the state that could compete for this funding. If approved, these projects could provide needed internet access to thousands of North Carolinians and spur economic development. “Broadband access is a must for economic success in our rural communities,” said Gov Cooper. “We have already seen how access to high-speed internet has allowed business in rural areas to thrive. We cannot deprive rural North Carolinians of this vital tool for competition in a global marketplace.”

Open Internet Process: Then and Now

In 2014, Commissioner Ajit Pai gave some advice to the Federal Communications Commission when it adopted a notice of proposed rulemaking on network neutrality. Will Chairman Pai take Commissioner Pai's advice?

Commissioner Pai’s Advice (2014): “A dispute this fundamental is not for us, five unelected individuals, to decide. Instead, it should be resolved by the people’s elected representatives, those who choose the direction of government — and those whom the American people can hold accountable for that choice.”
Chairman Pai’s Actions (2017): "Moving forward with action at the FCC, with only three Commissioners."
Chairman Pai's Advice (2014): “I recommended that the Commission seek guidance from Congress instead of plowing ahead yet again on its own.”
Chairman Pai's Actions (2017): "Deciding the FCC is the appropriate venue, instead of waiting for Congress to act."

Senior DOJ, FCC Lawyer Jon Sallet Joins Steptoe’s Antitrust, Telecom Groups

Steptoe & Johnson LLP is pleased to announce that Jonathan Sallet, former deputy assistant attorney general for litigation in the Department of Justice’s (DOJ) Antitrust Division and general counsel of the Federal Communications Commission, has joined the firm as a partner. He will reside in Steptoe’s Washington office.

At the DOJ, Sallet led the Antitrust Division’s review of key mergers and conduct investigations, and supervised the division’s litigation matters from 2016-2017. He also worked closely with the Federal Trade Commission (FTC), and provided the division’s views publicly on the appropriate analysis of vertical transactions and broadband competition. From 2013-2016, Sallet served as general counsel of the FCC, a position he assumed at the request of incoming Chairman Tom Wheeler. Among his most recognized accomplishments was successfully arguing the Open Internet case on behalf of the FCC before the US Court of Appeals for the District of Columbia. Prior to his most recent government service, Sallet had a long and varied career as an antitrust lawyer in private practice and as a policy adviser and strategic counselor for technology companies.

What Republican Lawmakers Are Saying About FCC Chairman Pai's Proposal to Restore Internet Freedom

Senate Majority Leader Mitch McConnell (R-KY) issued a statement commending Federal Communications Commission Chairman Ajit Pai: “for taking bold action . . . to turn back this portion of the Obama Administration’s eight-year regulatory assault on all aspects of our economy.”

Speaker of the House Paul Ryan (R-WI) praised the effort to restore Internet freedom: “Chairman Pai’s announcement that the FCC will roll back these regulations is welcome news. Congress is committed to working with the Trump administration to enact policies that protect consumers and ensure Americans have access to a free and open internet.”

Charter’s Tom Rutledge Reelected Chairman of NCTA Board

Tom Rutledge, Chairman & CEO of Charter Communications, was reelected as Chairman of the Board of Directors of NCTA – The Internet & Television Association (NCTA). In addition, the following officers were reelected for a second one-year term: Pat Esser, President, Cox Communications, as Vice Chairman; and John Skipper, President, ESPN, and Co-Chairman, Disney Media Networks, as Secretary. Elected for a first term as Treasurer was Dave Watson, President & CEO, Comcast Cable, and EVP, Comcast Corporation.

Other Board elections included:

  • Associate Director: Bob Stanzione, Executive Chairman, ARRIS, was reelected to serve a two-year term.
  • At-Large Programmer Directors: David Zaslav, President & CEO, Discovery Communications; Peter Rice, Chairman & CEO, Fox Networks Group; and Josh Sapan, President & CEO, AMC Networks, were elected to serve two-year terms. Bob Bakish, President & CEO, Viacom, was elected for a one-year term to finish out the term of a previous director.
  • At-Large System Directors: John Evans, Chairman & CEO, Evans Telecommunications, and Pat McAdaragh, President & CEO, Midco, were reelected to another three-year term.
  • Rural/Midsize Director: In March 2017, Jeff DeMond, President & CEO, Vyve Broadband, was reelected for another two-year term.

Additionally, Nancy Dubuc, President & CEO of A+E Networks, and Alfred Liggins, President & CEO of Radio One and Chairman & CEO of TV One, were reappointed to fill At-Large Appointed Director seats that carry two-year terms.

FCC Names Jean Kiddoo, Hillary Denigro To Oversee Post-Incentive Auction Transition

The Federal Communications Commission announces that Jean Kiddoo has been named Chair of the Incentive Auction Task Force and that Hillary DeNigro will join her as Deputy Chair. Kiddoo takes over for Gary Epstein, who will retire from the Commission April 28 after serving as chair of the Task Force since 2012.

Kiddoo has served as Deputy Chair of the Task Force since June 1, 2016, primarily focusing on the post-auction transition. Before that, she served as Deputy Chief of the FCC’s Wireless Telecommunications Bureau, where she oversaw the Bureau's Auctions, Broadband, and Mobility Divisions. Prior to joining the Commission in 2014, Ms. Kiddoo spent more than three decades in private practice, most recently at Bingham McCutchen (now Morgan Lewis & Bockius), representing telecommunications, media and technology companies before federal agencies, courts, state regulatory commissions, and local authorities nationwide. Kiddoo graduated with honors from Colgate University and earned her law degree magna cum laude from the Catholic University of America.

DeNigro has served as Associate Bureau Chief of the Media Bureau. Prior to joining the Media Bureau’s front office, she was Chief of the Media Bureau’s Industry Analysis Division where she led the review of complex mergers, rulemaking proceedings, and the production of industry and market reports. She previously served as Chief of the Enforcement Bureau’s Investigations and Hearings Division, overseeing hearings and directing investigations involving a broad range of matters in the telecommunications and media industries. Before joining the Commission, she practiced commercial litigation at Milbank, Tweed, Hadley & McCloy and, prior to that, Akin, Gump, Strauss, Hauer & Feld. She received her J.D. magna cum laude from Georgetown University Law Center and a BA Phi Beta Kappa from Emory University.

FCC Announces Tentative Agenda For May 2017 Open Meeting

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the May Open Commission Meeting scheduled for Thursday, May 18, 2017:
Satellite Earth Stations in Motion – The Commission will consider a Notice of Proposed Rulemaking that would both facilitate the deployment of and reduce regulatory burdens on the three types of Fixed-Satellite Service earth stations authorized to transmit while in motion: Earth Stations on Vessels, Vehicle-Mounted Earth Stations, and Earth Stations Aboard Aircraft. (IB Docket No. 17-95)
Part 95 Reform – The Commission will consider a Report and Order that would amend provisions of the Personal Radio Services located in Part 95 of the Commission’s rules in order to address two Petitions for Rulemaking, update and modernize various rules to reflect current uses and technologies, remove outdated regulatory requirements, and reorganize the rules to make them easier to read and understand. (WT Docket No. 10-119, RM-10762, RM-10844)
Modernization of Media Regulation Initiative – The Commission will consider a Public Notice that would launch a review of the Commission’s rules applicable to media entities and seek comment on what rules should be modified or repealed. (MB Docket No. 17-105)
Proposed Elimination of Main Studio Rule – The Commission will consider a Notice of Proposed Rulemaking that would propose to eliminate the Commission’s main studio rule, based on a tentative finding that the rule is now outdated and unnecessarily burdensome for broadcast stations. (MB Docket No. 17-106)
Restoring Internet Freedom – The Commission will consider a Notice of Proposed Rulemaking that would propose to restore the Internet to a light-touch regulatory framework by classifying broadband Internet access service as an information service and by seeking comment on the existing rules governing Internet service providers’ practices. (WC Docket No. 17-108)
Connect America Fund – The Commission will consider a Notice of Proposed Rulemaking that proposes to eliminate a rule requiring rural telecommunications service providers receiving USF support to impose higher minimum monthly rates on their customers than the rates paid by some of their urban counterparts, or otherwise lose some USF support. The Commission will also consider a related Order that would freeze the current rate. (WC Docket No. 10-90)

US Secretary of Education Announces Press Secretary

US Secretary of Education Betsy DeVos announced the hiring of Liz Hill as the Education Department's press secretary. Prior to joining the Department, Hill served as communications director for US Rep. Jeb Hensarling (R-TX), chairman of the House Financial Services Committee, between 2016-2017, and as communications director to US Rep. Luke Messer (R-IN), chairman of the House Republican Policy Committee, between 2013-2016. A former television news reporter and morning news anchor from 2005-2013, Hill has a BA in communications from Brigham Young University and a master's in strategic public relations from The George Washington University.

FCC Advances Competition, Investment in Business Data Services Market

Recognizing substantial and growing competition in the market for business data services, the Federal Communications Commission eased outdated pricing rules to enable continued robust growth in the market. Business data services, known also as BDS, are dedicated connectivity used by businesses, nonprofits, and government institutions to meet their needs for secure and reliable communications. BDS is essential to the production and delivery of goods and services across the economy, from connecting bank ATM networks and retail credit-card readers to providing enterprise business networks with access to branch offices, the Internet or the cloud.

Relying on more than ten years of study of the market, a massive data collection, and a robust public record garnered from numerous requests for comment, the Report and Order adopted by the FCC recognizes the strong competition present in the BDS market. Given that competition, the order finds that legacy regulation inhibits the investment required for the transition of BDS from legacy time-division multiplexing networks to high-speed Ethernet connectivity. In response, the Order modernizes regulation in significant portions of the market.

FCC Reinstates Pre-August 2016 Status Quo in Broadcaster Marketplace

The Federal Communications Commission voted to reinstate the so-called “UHF discount” until the Commission can address its national television ownership rule more holistically, in a proceeding to be launched later in 2017. The action effectively returns the marketplace to the status quo that existed prior to August 2016, whereby stations broadcasting in the UHF spectrum are permitted to count 50 percent of the television households in their market when determining compliance with the 39 percent national cap.

The FCC now concludes that the UHF discount and national television ownership cap are inextricably linked and that the Commission’s previous decision erred by getting rid of the UHF discount without simultaneously considering whether the cap itself should be modified. The Commission plans to take up both the question of the 39 percent cap and the UHF discount later in 2017. Until then, the action taken today reinstates the pre-August 2016 status quo in the marketplace.

FCC Seeks Comment on Removing Regulatory Barriers to Broadband

As part of its effort to expand the availability and affordability of next-generation networks, the Federal Communications Commission began seeking public comment on a series of steps to remove regulatory barriers to wireline broadband infrastructure deployment. In the Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment adopted April 20, the FCC seeks comment on reforms that will help accelerate deployment of nextgeneration
networks and services by removing barriers to infrastructure investment at the federal, state, and local level. The Notice of Proposed Rulemaking would seek comment on the following:
Pole attachment reforms to make it easier for broadband providers to attach the wires necessary for next-generation networks
Expediting the process for local exchange carriers to retire copper networks and provide notice of network changes

The Notice of Inquiry seeks comment on using the FCC’s preemption authority to prospectively prohibit the enforcement of state and local laws that pose barriers to broadband deployment.

The Request for Comment seeks input on when carriers must obtain FCC permission to alter or discontinue a service.