John Eggerton

Court Upholds Most of FCC's 5G Deployment Deregulation

A federal appeals court has upheld most of the Federal Communications Commission's orders speeding the deployment of cell service buildouts by easing regulations on those 5G deployments, including pole attachments and various local reviews of buildouts. Specifically upheld were the Small Cell Order, the Moratoria Order, and the One Touch Make-Ready Order, all parts of the FCC's Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure order. 

Groups Warn of Downsides to Remote Learning

Over 100 organizations and individuals, led by the Campaign for a Commercial-Free Childhood, have signed on to a letter warning about the downside of remote learning in the age of COVID-19 and beyond. As some school districts pull back on reopening in person due to spikes in the virus, privacy and other groups are warning parents and schools to "look past simplistic solutions peddled to increase EdTech profits, and find ways to limit students’ time on digital devices." Their concern is the push for remote learning will translate to EdTech companies capturing more children's data, crowd teac

Biden’s FCC: Take a Number

As former Vice President Joe Biden (D-DE) continues to rise in the polls, DC handicappers are seriously pondering who might be tapped for Federal Communications Commission chair in a Biden administration. Candidate Biden has already signaled his FCC will be restoring network neutrality rules against blocking, throttling and paid prioritization, but since it is an independent agency, he will need to pick an FCC chief who “independently” shares that philosophy. Biden has already signaled his vice president will be a woman. Odds are good his FCC chair could be as well.

White House Vows to Fight 'Un-American' Online Censorship

The White House said the National Telecommunications & Information Administration petition to the Federal Communications Commission on clarifying how Sec. 230 does and does not apply to third-party content online is an example of the President fighting back against "unfair, un-American, and politically biased censorship of Americans online." White House Press Secretary Kayleigh McEnany said the petition was meant to "clarify' that "Section 230 does not permit social media companies that alter or editorialize users’ speech to escape civil liability." 

Senate Commerce Committee Hearing Covers 'Spectrum' of Issues

The Senate Commerce Committee vetted the current state of spectrum policy and broadband availability at a July 23 hearing. There was general agreement that rural deployment was a problem and a priority, particularly during a pandemic; that the data on where broadband is and isn't — thus where the money needs to be put, or not — is flawed and needs fixing; and that sharing as well as clearing spectrum was important. 

FCC Commissioner O'Rielly Nomination Advanced to Full Senate

The nomination of Federal Communications Commissioner Michael O'Rielly for a new, five-year term on the FCC has been favorably reported out of the Senate Commerce Committee and now moves to the full Senate for a vote. Commissioner O'Rielly's term expired at the end of June 2019, but commissioners can continue to serve until the close of the next Congress. The new term would date from July 1, 2019. Wednesday's action came by voice vote, but with Committee Ranking Member Maria Cantwell (D-WA) voting no, even though, procedurally, she was the one to propose that it be reported favorably.

Groups Ask Congress to Not Usurp FCC Authority in Ligado Decision

Public Knowledge, INCOMPAS, the Open Technology Institute and others warned Congress not to try to use the appropriations process -- via language in the FY2021 National Defense Authorization Act (NDAA) -- to undo the Federal Communications Commission's Ligado decision at the behest of the Defense Department, saying it would be tantamount to sabotaging the FCC's spectrum authority. The FCC has already unanimously granted the Ligado (formerly LightSquared) proposal to use satellite spectrum adjacent to GPS spectrum for terrestrial broadband so long as it meets various conditions to prevent in

FCC (Almost) OKs Tier-Based Leased Access Rates

The Federal Communications Commission either did or didn't vote to allow cable operators to charge leased access providers a tier-specific rate, but it was unclear what the vote meant (Leased access is the requirement that cable operators over a certain size lease a certain number of channels to unaffiliated programmers at regulated rates.) The issue arose around a Report and Order at the FCC's July 16 meeting.

Appropriations Bill Would Block Parts of Trump Sec. 230 Executive Order

An appropriations bill that would fund the Federal Communications Commission and Federal Trade Commission includes language that would limit President Donald Trump's effort to regulate social media, as well as provide billions to help better identify and close the digital divide, and use secure technology to do so. The bill, which includes funding for a number of agencies and programs, has $67,040,000,000 in "emergency infrastructure investments to respond to the economic collapse related to the coronavirus," most of which ($61,040,000,000) would go to pay for expanding broadband in unserve

Verizon Will Drop Certain 5G Ad Claims

National Advertising Division (NAD), an advertising self-regulatory monitor, claims that Verizon has agreed to discontinue claims in two TV ads about the speed and availability of its 5G wireless network.

FCC, Huawei Square Off in Court Briefs

The respective parties have filed their opening briefs in Chinese telecom Huawei's challenge to the Federal Communications Commission's initial determination that its technology is a national security risk and must be excluded from broadband subsidies — and likely ripped and replaced from existing networks. The FCC voted unanimously on June 30 to affirm its initial designation that Huawei (and ZTE) are suspect, which means no carrier can use tech from either company to build out broadband and be eligible for any of the government's billions of dollars in Universal Service Fund subsidies for

Chairman Doyle: Broadband Providers Keep Claiming Service Where It Isn't

 House Communications Subcommittee Chairman Mike Doyle (D-PA) said that a lot of broadband internet access service providers, "for whatever reason," claim they have service where they don't, something he said everyone knows "has been going on for years." He said that since Democrats and Republicans agree that broadband maps aren't good, the Federal Communications Commission would just be throwing $20 million out the window by starting to give out most of the Rural Development Opportunities Fund (RDOF) subsidy money.

FCC Commissioner Starks: Newly Unemployed Need Affordable Broadband Option

Federal Communications Commissioner Geoffrey Starks spoke about internet inequality during a USTelecom webinar "The Role of Connectivity in Digital Equity and Inclusion." Commissioner Starks said he uses the term internet inequality rather than the digital divide because beyond the issue of access was the issue of affordability. He said there are millions of Americans who simply can't afford the internet. While the rural digital divide is very important, Commissioner Starks said the lack of connectivity in certain urban areas was a problem he was increasingly fixated on.  

Mozilla Drops Appeal of FCC Net Neutrality Decision

Mozilla and others that had challenged the Federal Communications Commission's deregulation of internet access in the 2017 Restoring Internet Freedom Order (RIFO) have decided not to take that challenge to the Supreme Court. This moves the issue to the states that implemented their own net neutrality legislation in response to the FCC's RIFO. The deadline was July 6, and Mozilla signaled there would be no challenge in the high court. "After careful consideration, Mozilla—as well as its partners in this litigation—are not seeking Supreme Court review of the DC Circuit decision," Mozilla.

Senate Democrats Try to Attach E-Rate Bill to National Defense Authorization Act

Senate Democrats are attempting to add their distance learning E-Rate funding bill to the must-pass National Defense Authorization Act (NDAA). Sens. Ed Markey (D-MA), Michael Bennet (D-CO), Maggie Hassan (D-NH), and Chris Van Hollen (D-MD) have proposed their Emergency Educational Connections Act as an amendment on the bill. The bill would ensure that all K-12 students have access to "adequate" home broadband connectivity and devices during the COVID-19 pandemic. The bill would clarify that E-rate could be used for equipment and service at "locations other than the school."

 

House Commerce Committee Chairman Pallone Stumps for Massive Broadband Investment

House Commerce Committee Chairman Frank Pallone (D-NJ) took to the House floor to talk up the massive Moving Forward Act infrastructure bill, including its $100 billion in funding for broadband buildouts he says will close the digital divide. The $1.5 trillion-plus bill would allocate billions to subsidize broadband competition--including from municipal providers--in "underserved" areas which could mean where service is already provided by private capitol at just short of gig speeds.  "T

WISPA Puts Price on FCC Connectivity Pledge

The Wireless Internet Service Providers Association (WISPA) has come up with an estimate of how much it has cost its members to Keep Americans Connected over the life of the Federal Communications Commission-prompted voluntary pledge that they do so during the pandemic. According to WISPA, which polled its members on June 23, the average cost was over $30,000 per operator. That was based on an average sub count of 1,500. The costs broke down this way: $25,000 to cover nonpayment; $3,200 in waived late fees, and $4,500 in free Wi-Fi. 

Windstream Seeks FCC Approval of Restructuring

Windstream has asked the Federal Communications Commission to approve the transfer of its licenses to a restructured company so it can get out of bankruptcy. The approval will require a limited FCC rule waiver for the two-step restructuring Windstream has set up. The FCC has put that restructuring plan out for comment on whether it should grant the waiver and transfers, with comments due July 9 and replies July 16. The company filed for bankruptcy last February. It has set up the restructuring in two phases.

Diversity Groups: FCC Rural 5G Rollout Should Focus on Poverty, Not Density

The Multicultural Media, Telecom and Internet Council -- joined by more than two dozen national organizations -- says the Federal Communications Commission should make sure that the initial tranche of its $9 billion in rural 5G subsidy funding goes to help those furthest from digital equality, which includes impoverished African American and Hispanic communities. The groups say that the FCC should prioritize funding according to poverty, not population density.

Chairman Pai: FCC Working with Dept of Education to Spread Word on Ed Tech Funding

Federal Communications Commission Chairman Ajit Pai says that while the FCC's hands are tied when it comes to applying E-rate schools and libraries funding to remote learning during the pandemic, there are billions of dollars that could already be applied to that purpose Congress has already allocated and the FCC is working on getting educators to spend on education tech. Chairman Pai said he understood the frustration, and had asked Congress to clear away that statutory language impediment in the meantime.

Charter Seeks End to FCC's Interconnection Condition

Charter Communications is asking the Federal Communications Commission to terminate the interconnection condition of its deal to acquire Time Warner Cable and Bright House Networks on May 18, 2021 —  two years early — in light of the ”dramatic“ changes in the online video marketplace. The 2016 conditions were to last seven years, but the FCC allowed for the possibility of an early termination. Currently, Charter must ”offer to interconnect its IP network to any qualifying entity free of charge and on st

Summary of Nomination Hearing for Commissioner O'Rielly

The Senate Commerce Committee held a nomination hearing on June 16 that featured Federal Communications Commissioner Michael O'Rielly. Commissioner O'Rielly's term expired at the end of June 2019, but commissioners can continue to serve until the close of the next Congress. The new term would date from July 1, 2019. 

FCC Chairman Pai Discusses C-Band, the Keep Americans Connected Pledge, and Bad Broadband Maps at Appropriations Hearing

The Senate Appropriations Subcommittee on Financial Services and General Government held the hearing "Oversight of FCC Spectrum Auctions Program" in which Federal Communications Commission Chairman Ajit Pai testified. Leading the hearing was Subcommittee Chairman John Kennedy (R-LA), one of the harshest critics of the FCC decision to give satellite companies close to $10 billion in incentive payments to exit the C-Band spectrum by 2021 and 2023 instead of the 2025 deadline the FCC set.

On July 1, the Permanent Internet Tax Fairness Act is going to apply to 7 grandfathered states that were still collecting taxes on broadband services

A Q&A with Steve Lacoff, general manager of communications at Avalara (which provides cloud-based software tax compliance), on the Permanent Internet Tax Fairness Act.