FCC Chairman Tom Wheeler

FCC Chairman Wheeler Statement On Industry Petitions To Rehear Open Internet Court Case

Industry groups have filed petitions asking for an en banc rehearing of the DC Circuit Court’s decision to uphold the FCC’s Open Internet rules. FCC Chairman Tom Wheeler said, “It comes as no surprise that the big dogs have challenged the three-judge panel’s decision. We are confident that the full court will agree with the panel’s affirmation of the FCC’s clear authority to enact its strong Open Internet rules, the reasoned decision-making upon which they are based, and the adequacy of the record from which they were developed.”

Chairman Wheeler Statement on Fulfillment of Smartphone Anti-Theft Commitment by CTIA

CTIA and its members understand that smartphone theft remains a serious problem and that anti-theft tools only work if adopted widely. Today, I applaud the wireless industry’s steps to make anti-theft tools accessible and available for consumers. By fulfilling the Anti-Theft Voluntary Commitment, they make a meaningful difference for consumer safety.

Cutting off Robocalls

In regard to the Federal Communications Commission’s expectations that carriers respond to consumers’ blocking requests, I have sent letters to the CEOs of major wireless and wireline phone companies calling on them to offer call-blocking services to their customers now – at no cost to you. Consumers want and deserve more control over the calls they receive. I have also sent letters to intermediary carriers that connect robocallers to the consumer's phone company, reminding them of their responsibility to help facilitate the offering of blocking technologies.

I am also calling on the carriers and standards groups to accelerate the development and deployment of technical standards that would prevent spoofing of caller ID and thus make blocking technologies more effective, as was done in the battle against spam years ago. All of these companies have been asked to respond within 30 days with their concrete, actionable solutions to address these issues. Here’s the bottom line: Robocalls are currently the number one complaint the FCC receives from consumers. Whenever and wherever Congress and the courts give us the authority, the Commission will push hard for strong, pro-consumer limits to robocalls and other unwanted calls.

Chairman Wheeler Responds to Congress on Lifeline

Federal Communications Commission Chairman Tom Wheeler sent letters to 25 Members of Congress on July 11, 2016, responding to their letter expressing concerns with the decision to limit the role of states in preventing waste, fraud and abuse within the Lifeline program.

The Members asserted it could be more efficient and cost effective to allow states to continue serving as the primary verifiers of applicant eligibility and the FCC should focus on working with the states to ensure they have the information needed to perform checks of eligibility. Chairman Wheeler said the Lifeline Order will allow states to continue to play an important role, and said states maintain their authority to designate Lifeline voice and high-cost ETCs within the state.

Wheeler Responds to New York Representatives on CAF Phase II Funds

Federal Communications Commission Tom Chairman Wheeler sent letters to 20 US House members from New York on July 11, 2016, in response to their May 18, 2016 letter, which supported the adoption of Connect America Fund (CAF) Phase II auction rules that would ensure CAF funds originally allocated to New York are not diverted to other regions.

Chairman Wheeler said among the issues on which the FCC sought comment in the Further Notice of Proposed Rulemaking are ways the FCC can structure the CAF II auction to ensure an equitable distribution of funds to states like New York, where the price cap carrier declined to accept significant amounts of USF support.

Wheeler Responds to Congress on Broadband Customer Privacy Proposal

Federal Communications Commission Chairman Wheeler sent letters to House Commerce Committee Chairman Fred Upton (R-MI), House Subcommittee on Communications and Technology Chairman Greg Walden (R-OR), and Rep Michael Burgess (R-TX) on July 11, 2016, in response to their June 1, 2016 letter, which urged the FCC to reconsider its proposed privacy rules for broadband internet access service providers.

Chairman Wheeler said Congress has enacted sector-specific privacy protections in a variety of areas in which especially sensitive information is collected and stored, and the Commission has a long history of protecting consumer privacy of information carried by communications service providers. He said the FCC's Notice of Proposed Rulemaking proposes a path forward toward final rules for broadband Internet access service (BIAS) that will provide clear guidance to both BIAS providers and their customers, and include the Federal Trade Commission's core principles of transparency, choice and security.

A Busy Summer Continues

For all our progress on accessibility issues, there’s more to be done. We’ll have an opportunity to build on this progress at our August meeting. The Federal Communications Commission will consider a draft report and order to convert the pilot National Deaf-Blind Equipment Distribution Program (NDBEDP) into a permanent program. Known as “iCanConnect,” this program provides equipment needed to make telecommunications, advanced communications and the Internet accessible to Americans who have significant vision and hearing loss. The new NDBEDP would be able to spend up to $10 million annually to distribute equipment to low-income individuals who are deaf-blind. The program would also provide training and other technical support, including individual assessments of each consumer’s specific accessibility needs, to help low-income people who are deaf-blind better utilize the communications equipment they need to fully participate in society.

I also circulated a proposed report and order that would further strengthen our hearing aid compatibility rules and increase the number of wireless handset models that must be hearing aid compatible. The item builds off new rules and a further proposal that the FCC adopted unanimously last November. The new order would enshrine a consensus plan developed collaboratively by the wireless industry and groups representing people with hearing loss that puts us on the path to achieve hearing aid compatibility for 100 percent of new handsets within eight years. This evolution will greatly expand options for people with hearing loss, simplify the task of finding handsets that work with hearing aids and ensure that people with hearing loss have full access to innovative handsets. At the same time, the implementation time line would ensure that manufacturers and service providers will include HAC features from the earliest stages of the design process.

In addition to these accessibility items, the FCC’s August meeting will also feature an item that will both ensure that the rates for inmate calling services (ICS) are just, reasonable, and fair for local and long-distance calls, and that the nation’s jails and prisons are compensated for reasonable costs associated with the provision of inmate calling services. The proposed item takes a careful look at the costs that facilities incur as a result of ICS and covers these ICS-related costs through modest increases in the inmate calling rate caps previously set by the FCC. As always, special thanks are due to Commissioner Clyburn for her leadership on this issue.

An Update on Our Review of the Good Faith Retransmission Consent Negotiation Rules

Today I announce that we will not proceed at this time to adopt additional rules governing good faith negotiations for retransmission consent. Now let me be clear; this does not mean the Federal Communications Commission will turn a blind eye to disputes. Nor does it mean that Congress couldn’t expand the scope of the Commission’s authority in this space. What this decision does mean is that “totality of circumstances” is pretty broad and ought not to be constrained. There is nothing in the record that suggests that our current totality of the circumstances test, which is intentionally broad, is inadequate to address the negotiating practices of broadcast stations or multichannel video programming distributors (MVPDs) in the marketplace today.

What we need is not more rules, but for both sides in retransmission consent negotiations to take seriously their responsibility to consumers, who expect to watch their preferred broadcast programming without interruption and to receive the subscription TV service for which they pay. The Commission can investigate a potential good faith violation on its own and take enforcement action when a party fails to fulfill its statutory obligations.

Chairman Wheeler Responds to Letter from Lawmakers about Broadband Privacy NPRM

On May 25, seven Reps wrote to Federal Communications Commission Chairman Tom Wheeler and the four other Commissioners to strongly urge the FCC to consider a "consistent Federal Trade Commission-type approach to protect consumer privacy that balances consumers' privacy expectations and avoids negative impacts on consumers."

On June 30, Chairman Wheeler responded by discussing the recent broadband privacy notice of proposed rulemaking. He wrote, "The Commission's NPRM proposes a path forward for broadband Internet access service towards final rules that will provide clear guidance to both internet service providers and their customers. The FTC's core privacy principles - transparency, choice, and security - are at the heart of the NPRM. And, with valuable input from concerned stakeholders like yourself, we will be able to provide consumers with protections that will consistently safeguard consumer data and bolster consumer confidence in their use of modem telecommunications networks."

Chris Henderson Named USAC CEO

Chris Henderson is an outstanding choice to lead USAC. His selection reflects the extensive and thorough search process conducted by the Universal Service Administrative Company (USAC) Board.

Chris’s background and qualifications will be invaluable as we work together to implement the FCC’s modernization and reform of the Universal Service Fund programs.

FCC Chairman Wheeler’s Statement On Competition In The Mobile Marketplace

Four national wireless providers is good for American consumers. Sprint now has an opportunity to focus their efforts on robust competition.

New Opportunities in New Mexico’s Indian Country

The Pueblo of Acoma is located in Cibola County (NM), where nearly half of residents (45%) don’t even have access to 3 Mbps broadband, which is less than what’s recommended to stream HD video without problems. Barely 10 % have access to 10 Mbps broadband. We must do better.

In communities like Acoma with low broadband access rates, the local library is often a digital lifeline for area residents. The Federal Communications Commission’s E-Rate program has supported basic Internet access for the Acoma Learning Center. But it could be doing more.

That’s why E-Rate modernization is so important. The Commission will consider a proposal to update and improve the program, making E-Rate dollars go farther, and streamlining the program to make it faster, simpler, and more efficient.

The proposal would also close the gap for Wi-Fi support that currently exists in the program -- a change that would enable an additional 6 million children, disproportionately in rural areas, to access Wi-Fi and the 21st Century educational tools it enables during the 2015 funding year.

One of the key benefits of the E-rate order under consideration is that it will significantly expand access to Wi-Fi funding available for rural areas like Cibola County. Historically urban areas have received nearly 60% of internal connections support despite serving under 30% of all students, while rural applicants are crowded out. With improved rules, over the next 5 years Wi-Fi funding for rural schools would be increased by 75 %. Urban schools will also do better, seeing an increase in support of 60%.

Our E-Rate modernization proposal also commits to enhance the Commission’s Tribal consultation, training, and outreach to better inform and empower Tribal schools to effectively access E-rate funding. Through this effort we seek to gain a better understanding of the current state of connectivity among Tribal schools and libraries to enable the Commission to take steps that will reduce the digital divide and promote high-speed broadband connectivity to Tribal lands.

The Incentive Auction: Helping Broadcasters Make Informed Decisions

The Federal Communications Commission made history by adopting rules for the first-ever Incentive Auction. Robust participation by broadcasters will be critical to the success of the auction.

The auction is a risk-free, once-in-a-lifetime opportunity for broadcasters, but the decision of whether or not to participate is completely voluntary and confidential. We recognize that spectrum auctions are new for most broadcasters, and that we owe them additional information before the Incentive Auction.

As anyone who’s made a major sale or purchase knows, having more information leads to better decisions. First, we’re providing an updated estimated timeline of Commission actions leading up to and after the auction.

Importantly, this timeline details steps broadcasters will need to take to participate in the auction.

Second, this summer, we will distribute informational material to help inform broadcaster decision-making. This material will provide an estimate of the amount of money broadcasters could receive for voluntarily relinquishing some or all of their spectrum rights in the auction. It will also contain additional information about why broadcasters should consider participating in the reverse auction, and the options that the auction will present to them.

Third, we will conduct webinars to explain the rules for the Incentive Auction. Fourth, as we near the Incentive Auction, Commission experts will hold additional webinars and travel across the country to demonstrate to interested broadcasters how to participate, including providing hands-on bidding demonstrations.

Access to the Underserved: Keeping Up with the Times

  • As currently structured, E-Rate in past years has only been able to support Wi-Fi in 5% of schools and 1% of libraries. In 2013, no money was available for Wi-Fi. I am circulating an E-Rate Modernization Order for consideration at our July meeting that will close this Wi-Fi gap and provide more support for high-capacity wireless broadband for every school and library in America. By acting now, we can deliver digital learning benefits to 10 million students in the next funding year, compared to 4 million students under the status quo.
  • While we need to upgrade the connectivity of our schools and libraries, too many parts of rural America lack broadband connectivity altogether. This is in stark contrast to urban and suburban America, where many consumers have access to broadband at speeds in the hundreds of megabits per second. The simple fact of the matter is that the free market has failed to provide basic broadband connectivity to more than 15 million Americans. While we have already take steps to close the gap, there’s more work to be done. The proposed Order will fund a limited number of trials of alternative approaches to solving this problem using the Connect America Fund (CAF).
  • A third area where the Commission is poised to act to enhance access for the underserved is with closed captioning. Americans living with intellectual and physical disabilities stand to benefit the most from broadband-enabled technologies, but disproportionately find themselves on the wrong side of the digital divide. I have proposed to my colleagues that we require captioning for video clips that end up on the Internet. Those who hear with their eyes should not be disadvantaged in their ability to access video information on the Internet.

Statement by FCC Chairman Tom Wheeler on Broadband Consumers and Internet Congestion

For some time now we have been talking about protecting Internet consumers. At the heart of this is whether Internet Service Providers (ISPs) that provide connectivity in the final mile to the home can advantage or disadvantage content providers, and therefore advantage or disadvantage consumers.

What we call the Open Internet rule on which we are currently seeking comment is one component of this. If adopted, the new rule would prohibit bad acts such as blocking content or degrading access to content.

This kind of activity within an ISP’s network has traditionally been the focus of net neutrality. But there is another area of Internet access, and that is the exchange of traffic between ISPs and other networks and services.

The recent disputes between Netflix and ISPs such as Comcast and Verizon have highlighted this issue. We don’t know the answers and we are not suggesting that any company is at fault. But what is going on and what can the FCC do on behalf of consumers? Consumers pay their ISP and they pay content providers like Hulu, Netflix or Amazon. Then when they don’t get good service they wonder what is going on. Consumers must get what they pay for. As the consumer’s representative we need to know what is going on.

I have therefore directed the Commission staff to obtain the information we need to understand precisely what is happening in order to understand whether consumers are being harmed.

Remarks of FCC Chairman Tom Wheeler American Enterprise Institute

We believe there is a new regulatory paradigm where the Commission relies on industry and the market first while preserving other options if that approach is unsuccessful.

For all the ways the Internet has already transformed our lives, today’s network revolution is constantly creating enormous new opportunities to grow our economy, to enhance US competitiveness, and to improve the lives of the American people. Yet, these changes also raise new security challenges -- challenges that must be addressed if we hope to seize the opportunities.

So what, exactly, is the FCC’s role in this shared endeavor? The challenge of the FCC is to deliver on the national security and public safety effects mandate as the networks that enable those effects evolve from analog to digital. Foremost, the FCC must build upon past Federal and private sector work in cybersecurity. This new paradigm must be based on private sector innovation, and the alignment of private interests in profit and return on investment with public interests like public safety and national security. We will be guided by a top notch team, led by the Chief of our Public Safety and Homeland Security Bureau Admiral Dave Simpson.

Our work on cybersecurity in the communications sector will be guided by a set of principles:

  • First and foremost is a commitment to preserving the qualities that have made the Internet an unprecedented platform for innovation and free expression. That means we cannot sacrifice the freedom and openness of the Internet in the name of enhanced security.
  • Second is our commitment to privacy, which is essential to consumer confidence in the Internet. We believe that when done right, cybersecurity enables digital privacy -- personal control of one’s own data and networks.
  • Third is a commitment to cross-sector coordination. Particularly among regulatory agencies, we must coordinate our activities and our engagement with our sector stakeholders.
  • Fourth, we continue support the multi-stakeholder approach to global Internet governance that has successfully guided its evolution, and we will oppose any efforts by international groups to impose Internet regulations that could restrict the free flow of information in the name of security.

Looking Back, Moving Forward

Memorial Day weekend also marks the 200th year anniversary of the first official telegraphic message sent over a long distance.

On May 24, 1844, Samuel Morse famously telegraphed, “What hath God wrought!” from Washington, DC, to Baltimore, the first official telegraphic message sent over of a long distance. Coincidentally, 18 years later to the day, Abraham Lincoln would send nine telegraph messages to Union generals, becoming the first President to regularly use electronic communications. Eighty years ago, Congress passed a law largely to deal with the network revolution Morse unleashed -- the Communications Act of 1934, which established the FCC.

Fast forward to today, and the Commission is grappling with the transition to the next network revolution -- the digital revolution that is being fueled by ubiquitous high-speed connectivity and increasingly powerful computing devices. June’s open Commission meeting will be highlighted by an update on our efforts to facilitate the transition from the circuit-switched networks of Alexander Graham Bell to a world with fiber, cable and wireless Internet Protocol (IP) networks.

Soon, the Commission will receive a status report on proposed experiments and how best to deploy next-generation networks, while preserving enduring values like universal access, competition and consumer protection. The Commission will also hear a presentation on progress made in processing Low Power FM applications from the October 2013 window.

Public Service Recognition Week 2014

We had an “all-hands” meeting of Federal Communications Commission staff to talk about the agency’s priorities and to provide an update on the Commission’s recent activities.

But the most important message I wanted to convey to FCC staff at this meeting was “thank you.” The public servants of the FCC -- and across government at all levels -- work every day on behalf of the American people with little or no fanfare.

The week is dedicated to making sure public servants across the country get the recognition they deserve. That’s because this is Public Service Recognition Week -- an annual celebration of the men and women who serve the United States as federal, state, county and local government employees.

Remarks of FCC Chairman Tom Wheeler to National Cable & Telecommunications Association

We have circulated a Notice of Proposed Rulemaking to my fellow commissioners on the topic of the Open Internet.

There are two things that are important to understand. First, this is a Notice, which asks a number of questions and seeks input on the best way to protect and promote the Open Internet. Second, all options are on the table. Our goal is to put into place real protections for consumers, innovators and entrepreneurs that until now have been only a matter of debate and litigation.

I believe this process will put us on track to quickly get to legally enforceable Open Internet rules. There has been a great deal of talk about how our following the court’s instruction to use a “commercially reasonable” test could result in a so-called “fast lane” and Internet “haves” and “have nots.” This misses the point that any new rule will assure an open pathway that is sufficiently robust to enable consumers to access the content, services and applications they demand and innovators and edge providers the ability to offer new products and services.

The focus of this proposal -- on which we are seeking comment -- is on maintaining a broadly available, fast and robust Internet as a platform for economic growth, innovation, competition, free expression, and broadband investment and deployment. We will follow the court’s blueprint for achieving this, and, I must warn you, will look skeptically on special exceptions.

If someone acts to divide the Internet between “haves” and “have-nots,” we will use every power at our disposal to stop it. I consider that to include Title II. Just because it is my strong belief that following the court’s roadmap will produce similar protections more quickly, does not mean I will hesitate to use Title II if warranted. And, in our Notice, we are asking for input as to whether this approach should be used.

Finding the Best Path Forward to Protect the Open Internet

Some recent commentary has had a misinformed interpretation of the Open Internet Notice of Proposed Rulemaking (NPRM) currently before the Commission.

There are two things that are important to understand. First, this is not a final decision by the Commission but rather a formal request for input on a proposal as well as a set of related questions. Second, as the Notice makes clear, all options for protecting and promoting an Open Internet are on the table.

I believe this process will put us on track to have tough, enforceable Open Internet rules on the books in an expeditious manner, ending a decade of uncertainty and litigation. I do not believe we should leave the market unprotected for multiple more years while lawyers for the biggest corporate players tie the FCC’s protections up in court.

Notwithstanding this, all regulatory options remain on the table. If the proposal before us now turns out to be insufficient or if we observe anyone taking advantage of the rule, I won’t hesitate to use Title II. However, unlike with Title II, we can use the court’s roadmap to implement Open Internet regulation now rather than endure additional years of litigation and delay.

Let me be clear, however, as to what I believe is not “commercially reasonable” on the Internet:

  • Something that harms consumers is not commercially reasonable. For instance, degrading service in order to create a new “fast lane” would be shut down.
  • Something that harms competition is not commercially reasonable. For instance, degrading overall service so as to force consumers and content companies to a higher priced tier would be shut down.
  • Providing exclusive, prioritized service to an affiliate is not commercially reasonable. For instance, a broadband provider that also owns a sports network should not be able to give a commercial advantage to that network over another competitive sports network wishing to reach viewers over the Internet.
  • Something that curbs the free exercise of speech and civic engagement is not commercially reasonable. For instance, if the creators of new Internet content or services had to seek permission from ISPs or pay special fees to be seen online such action should be shut down.

FCC Chairman Wheeler's Response to Rep. Casey Regarding Mobile Telecom Services in Rural Areas

On January 13, 2014, Sen Robert Casey (D-PA) wrote Federal Communications Commission Tom Wheeler asking the FCC to investigate the coverage and reliability of the telecommunication system in rural areas after a driver had to make separate 911 calls as he crossed over the Maryland/ Pennsylvania border.

He wrote, “While I understand the FCC is aware of the concerns that rural communities face when dealing with dropped calls or poor quality services, I believe a renewed effort must be made to drastically improve these services. I also ask that your office take a particular look at how emergency services and responses are being affected by poor quality phone service. Phone services are vital to rural communities and we must ensure we are striving to expand new and updated technologies to all Americans regardless of where they live.”

On April 11, Chairman Wheeler wrote back saying the FCC has taken important steps to increase mobile coverage in rural areas. As of October 2012, 99.3 percent of the total rural US population and 92.6 percent of total rural US road miles had mobile voice service coverage from one or more providers.

To address areas with limited mobile coverage, the FCC established a universal service support mechanism dedicated exclusively to mobile services. Specifically, the Commission set aside $300 million in one-time support to accelerate immediate deployment of networks for mobile voice and broadband services in unserved, largely rural areas.

This support was made available through a nationwide reverse auction, which took place in the fall of 2012. There were 33 winning bidders, extending broadband coverage up to 83,494 road miles in geographic areas located in 31 states and one territory.

FCC Chairman Wheeler's Response to Members of Congress Regarding Modernizing the E-Rate Program

In December 2013, a number of Members of Congress wrote to Federal Communications Commission Tom Wheeler seeing “swift action to improve and modernize the E-rate program in order to help connect our nation's schools with high-speed broadband over the next five years.”

In April 2014, Chairman Wheeler wrote back saying that E-rate modernization is among the most important tasks currently facing the FCC. Commission staff is reviewing the record that has been developed in response to the July 2013 Notice of Proposed Rulemaking, and meeting with stakeholders to ensure that we have robust input from all interested parties.

Just a few weeks ago, the staff released a Public Notice seeking focused comment on a handful of specific issues that have been raised by commenters. And my goal is for the Commission to adopt an Order later this spring that would implement fundamental structural and administrative changes, the results of which would go into effect in 2015.

We need to ensure that the E-rate program supports the high-capacity broadband needed to give our students access to twenty-first century educational opportunities, while simultaneously improving the efficiency and administration of the program and establishing explicit program goals and measurements.

FCC Chairman Wheeler's Response to Members of Congress Regarding Mobile Wireless Services On-Board Aircrafts

In December 2013, a number of Members of Congress wrote to Federal Communications Commission Tom Wheeler expressing concerns about opening the door to wireless voice services being used by passengers on airplanes above 10,000 feet.

They wrote, “We are in support of new options for airline passengers to safely use wireless data for non-voice services such as text messaging, email, and internet browsing; but we are adamantly opposed to the use of cellular voice services during flights.”

On April 8, Chairman Wheeler wrote back to the Members outlining the FCC’s process for process for considering modernization an outdated technological rule and enable in-flight connectivity options that are available elsewhere in the world to the available in the United States. He noted that if the Commission determines that airborne mobile use is possible without negative effects to cellular networks, the *airlines,* under the FCC's proposal, would have the ultimate say as to whether and how to provide service using cellular airborne access systems, subject to applicable Department of Transportation and Federal Aviation Administration rules.

FCC Chairman Wheeler's Response to Rep. Guthrie and Rep. Matsui Regarding AWS-3 Auction

On March 25, Reps Doris Matsui (D-CA) and Brett Guthrie (R-KY) wrote to Federal Communications Commission Chairman Tom Wheeler encouraging the Commission to create a band plan that encourages a robust bidding process that maximizes revenue in the upcoming AWS-3 auction.

On April 15, Chairman Wheeler wrote back noting that the FCC unanimously adopted the AWS-3 Report and Order. The Order adopts allocation, service, licensing, and technical rules for 65 megahertz of spectrum, including 50 megahertz of paired spectrum at 1755-1780 MHz and 2155-2180 MHz. The upcoming auction will expand the workhorse A WS-1 commercial wireless band, which today is available for mobile broadband use.

The Commission adopted a band plan that will promote competition by offering licenses comprised of different geographic license areas and block sizes. This band plan will serve the spectrum needs of a variety of applicants, and promote auction participation and robust competition.

The Commission's action set the stage for an auction of the AWS-3 spectrum licenses later this year.

While adopting the A WS-3 Report and Order is a big step toward making this spectrum available for commercial use, additional details must be resolved before this auction can take place. We will address these challenges so that all parties have certainty about their rights and obligations in A WS-3, and to ensure that the auction is robustly competitive and successful.