Federal Communications Commission

On March 7, a dozen US senators wrote to Federal Communications Commission Chairman Ajit Pai with “serious reservations” about his decision to “set aside, rescind, and retract” the FCC’s E-rate Modernization Progress Report.

On March 22 Chairman Pai replied saying, “The report at issue was released in the last days of the previous Administration. Not only were Commissioners not given the traditional 48 hours to review it, but it was not shown at all to Commissioners before being released. This was unacceptable and an abuse of the FCC's processes. Reports like this should not be (and henceforth, will not be) issued without advance notice being provided to Commissioners. Revocation simply affirms that a report issued improperly has no legal or other effect going forward and does not necessarily reflect the views of a majority of Commissioners. With that said, the report will remain available on the agency's website for public review.”

As we implement the Lifeline program—as with any program we administer—we must follow the law. And the law here is clear: Congress gave state governments, not the FCC, the primary responsibility for approving which companies can participate in the Lifeline program under Section 214 of the Communications Act. This is how the program worked over two decades, over three Administrations, and over eight Chairmanships. However, the FCC last year rejected this bipartisan consensus, snatching this legal responsibility away from states and deciding to create its own federal ‘Lifeline Broadband Provider’ designation process.

At the time, I explained why the Commission lacked the authority to do this. Twelve states, from Vermont to Wisconsin, are currently challenging the legality of the FCC’s order in the U.S. Court of Appeals for the District of Columbia Circuit. In my view, it would be a waste of judicial and administrative resources to defend the FCC’s unlawful action in court. I am therefore instructing the Office of General Counsel to ask the D.C. Circuit to send this case back to the Commission for further consideration. And the FCC will soon begin a proceeding to eliminate the new federal designation process. In the meantime, we must consider the Lifeline Broadband Provider applications that are pending at the FCC. In last year’s order, the Commission delegated to the Wireline Competition Bureau the authority to address such applications. I do not believe that the Bureau should approve these applications.

In this Order, the Federal Communications Commission extend the deadline for Boomerang Wireless to notify, de-enroll, and transition subscribers currently receiving a Lifeline-supported broadband Internet access service (BIAS) in service areas where Boomerang’s only eligible telecommunications carrier (ETC) designation is a Lifeline Broadband Provider (LBP) designation. The FCC finds that granting this extension is in the public interest and necessary to prevent service disruption and hardship for the current Boomerang subscribers

Our top priority so long as I serve as Chairman of the Federal Communications Commission is to close what I’ve called the digital divide—the gap between those with access to next-generation technologies and those without. We will work bring the benefits of the digital age to all Americans, no matter who they are or where they live.

How do we do that? We believe the most powerful tool for unleashing investment and innovation is a competitive free market—and are thus focused on rules that promote it. That’s why—consistent with decades of bipartisan tradition—we are pursuing a light-touch regulatory approach. This approach suggests that the Internet should be free from heavy-handed government regulation. It seeks to eliminate unnecessary barriers to infrastructure investment that could stifle broadband deployment. It aims to minimize regulatory uncertainty, which can deter long-term investment decisions. It favors facilities-based competition—that is, creating an incentive to build one’s own network instead of relying on another’s (which depresses the deployment incentives of each). It encourages competition among companies using any technology and from any sector—cable, telco, fixed wireless, mobile, and satellite. It embraces regulatory humility, knowing that this marketplace is dynamic and that preemptive regulation may have serious unintended consequences. And it places demands on the FCC itself—to be responsive to the public and to act as quickly as the industry it regulates. This regulatory approach, not the command-and-control rules of the 20th century, is most likely to promote digital infrastructure and opportunity.

Previously, the Federal Communications Commission affirmed that it sought to promote the deployment of 4G LTE in all areas where it would not be offered by the private sector in the absence of universal service support. To identify those geographical areas potentially eligible for such support, the FCC decided to use 4G LTE deployment at a minimum advertised download speed benchmark of at least 5 Mbps, based on service providers’ Form 477 filings. The FCC concluded that any census block not fully covered by unsubsidized 4G LTE of at least 5 Mbps advertised download speed will encompass areas that are eligible for support in the Mobility Fund II auction. While the FCC directed its Wireless Telecommunications Bureau (WTB) and the Wireline Competition Bureau (WCB) to make an initial determination of eligible areas by census block based on the Form 477 filings, it also stated its intention to “provide a robust process for interested parties to challenge our list of presumptively eligible areas for MF-II support.”

To aid interested parties, and to provide additional information about the geographical areas eligible for Mobility Fund II support, the WCB and WTB propose to release minimum advertised or expected 4G LTE speed data included in the December 31, 2015, and June 30, 2016 Form 477 filings (and any subsequent Form 477 filings) to facilitate Mobility Fund II analysis. Disclosure of the minimum advertised or expected speeds associated with service providers’ 4G LTE coverage submitted in their Form 477 filings will enable a transparent process for challenges, and final determinations of areas eligible for Mobility Fund II support. Strong public interest benefits support disclosing the minimum advertised or expected 4G LTE speeds.

Last year, the Federal Communications Commission pushed through, on a party-line vote, privacy regulations designed to benefit one group of favored companies over another group of disfavored companies. Appropriately, Congress has passed a resolution to reject this approach of picking winners and losers before it takes effect.

It is worth remembering that the FCC’s own overreach created the problem we are facing today. Until 2015, the Federal Trade Commission was protecting consumers very effectively, policing every online company’s privacy practices consistently and initiating numerous enforcement actions. However, two years ago, the FCC stripped the FTC of its authority over Internet service providers. At the time, I strongly opposed usurping the FTC, and the FCC’s struggles to address the privacy issue over the past couple of years (along with its refusal to recognize consumers’ uniform expectation of privacy) has only strengthened that view.

Moving forward, I want the American people to know that the FCC will work with the FTC to ensure that consumers’ online privacy is protected though a consistent and comprehensive framework. In my view, the best way to achieve that result would be to return jurisdiction over broadband providers’ privacy practices to the FTC, with its decades of experience and expertise in this area.

By this Public Notice, the Wireless Telecommunications Bureau (WTB) names Charles Mathias as the ombudsperson to serve as the single point of contact for issues related to contraband wireless devices in correctional facilities and the deployment of technologies used to combat this vital public safety problem. Mathias will also continue serving in his current position as Associate Chief in WTB.

Our office is pleased to release a final version of the #Solutions2020 Call to Action Plan. We believe these recommendations, if acted upon in a timely manner, can deliver robust, affordable, and reliable connectivity within the next four years. Taken together, these recommendations would narrow the opportunities divide, support the growth of our economy and greatly improve the quality of life for all Americans. Implementation will require bipartisan action, support from leaders at the federal, state and local levels as well as buy-in from representatives of the technology and telecommunications industries. I look forward to working with my fellow Commissioners, Members of Congress, state and local government partners, the public interest community and industry to bring about real and lasting change by the end of this decade.

Overall Recommendations:
1) Ensuring Affordable Communications
2) Empowering Communities
3) 5G and Beyond for All Americans
4) Enhancing Consumer Protections
4) Broadband as a Driver of Imporved Health Services
6) Promoting a More Diverse Media Landscape

The Federal Communications Commission is alerting consumers to be on the lookout for scam callers seeking to get victims to say the word “yes” during a call and later use a recording of the response to authorize unwanted charges on the victim's utility or credit card account.

Federal Communications Commission Chairman Ajit Pai issued the following statement on the announcement by Charter Communications on broadband investment: “The FCC’s top priority is making sure that any American who wants high-speed Internet access, or broadband, is able to get it. To do that, since January, we have been working to set rules of the road that encourage companies to build and upgrade broadband networks across the country. I’m pleased to see that our investment-friendly policies, along with the Administration’s overall regulatory approach, are already producing results. I applaud Charter Communications for its announcement today that it intends to spend $25 billion in broadband infrastructure and technology over the next four years. I am optimistic that this massive investment will help to close the digital divide and to strengthen our economy.”