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  2. July 2016

July 2016

FCC Streamlines Approval Process For Network Technology Transitions

Landline phone network technology is changing rapidly; the Federal Communications Commission further updated its rules to help ensure that consumers, industry and the economy reap the benefits of this ongoing, innovative transformation. The action will eliminate outdated, unnecessary regulations and establish clear criteria that can expedite the review process required when providers update service from legacy to modern voice technologies. The new framework will give carriers the clarity they need to transition quickly to innovative services and at the same time ensure continued protections for consumers, competition, public safety and universal service, all important values that must endure even as technology changes. The test expedites transitions in which:
Network performance, reliability and coverage is substantially unchanged for customers
Access to 911, cybersecurity and access for people with disabilities meets current rules and standards
Compatibility with a defined list of legacy services still popular with consumers and small businesses, including home security systems, medical monitoring devices, credit card readers and fax machines, subject to sunset in 2025, is assured.

FCC Takes Steps To Facilitate Mobile Broadband And Next Generation/5G Wireless Technologies In Spectrum Above 24 GHz

The Federal Communications Commission adopted new rules for wireless broadband operations in frequencies above 24 GHz, making the United States the first country in the world to make this spectrum available for next generation wireless services. Building on the successful, flexible approach to spectrum policy that enabled the explosion of 4G (LTE), these rules set a strong foundation for the rapid advancement to next-generation 5G networks and technologies in the United States. This high-frequency spectrum will support innovative new uses enabled by fiber-fast wireless speeds and extremely low latency.

While 5G technologies are still under development, today’s action by the FCC to put rules in place will provide vital clarity for business investment in this area. These new rules open up nearly 11 GHz of high-frequency spectrum for flexible, mobile and fixed use wireless broadband – 3.85 GHz of licensed spectrum and 7 GHz of unlicensed spectrum. The rules adopted today creates a new Upper Microwave Flexible Use service in the 28 GHz (27.5-28.35 GHz), 37 GHz (37-38.6 GHz), and 39 GHz (38.6-40 GHz) bands, and a new unlicensed band at 64- 71 GHz. The FCC also adopted a Further Notice of Proposed Rulemaking, which seeks comment on several issues. The FNPRM seeks to apply the flexible use service and technical rules to another 18 GHz of spectrum encompassing 8 additional high-frequency bands, and seeks comment on a variety of other issues, including refinements to the performance requirements and mobile spectrum holdings policies, and the sharing framework adopted for the 37-37.6 GHz band.

Reps Upton and Pallone Urge FCC to Improve High-Band Spectrum Siting to Help Spur Innovation

Commerce Committee Chairman Fred Upton (R-MI) and Ranking Member Frank Pallone, Jr. (D-NJ) sent a letter to Federal Communications Commission Chairman Tom Wheeler urging the FCC to take action to ensure that the United States maintains its global leadership in mobile broadband distribution and innovation. The committee leaders applaud Chairman Wheeler and the FCC for taking action in the Spectrum Frontiers proceeding and urge the commission to “adopt Spectrum Frontier service rules that will enable rapid investment and innovation in these [higher frequency] bands.”

Reps Upton and Pallone noted, “In the US these bands will pave the way for investment and innovation in both licensed and unlicensed offerings, providing consumers with much faster and more responsive broadband, and delivering connectivity to many more devices including in the developing Internet of Things market.” The bipartisan committee leaders also urged the FCC to take steps to improve the siting process in order for 5G to be a success, writing, “5G will involve more densified wireless networks, with smaller antennas that have a more limited physical presence and lesser impact. ... The FCC, therefore, should promptly complete its nationwide programmatic agreement proceeding to eliminate unnecessary review processes for collecting small wireless antennas.”

FTC Reform Bill Approved in House Commerce Committee

On 30-20 vote, the House Commerce Committee approve an FTC reform bill that would clarify what conduct the Federal Trade Commission can cite for unfairness under its authority to go after unfair and deceptive practices and how it determines that to be the case. The Judiciary Committee is also considering the bill. Democrats argue it is a way to weaken, if not gut, consumer protections.

USDA Funds 81 Distance Learning and Telemedicine Projects in 32 States

The Department of Agriculture (USDA) will fund 81 Distance Learning and Telemedicine (DLT) projects in 32 states. These projects will help connect rural communities with medical and educational experts in other parts of the country, increasing access to health care, substance misuse treatment and advanced educational opportunities. USDA is awarding $23.4 million in grants to support 45 distance learning and 36 telemedicine projects. Some of the awards will help communities provide services to address opioid misuse, a problem that is especially prevalent in rural areas. Secretary Vilsack is leading an interagency effort to address the rural opioid crisis. On June 30, Vilsack hosted a town hall meeting in Abingdon, Va., to address how the crisis is affecting rural America and parts of Appalachia, and while there he announced funding for five DLT projects in rural Kentucky, Tennessee and Virginia to respond to the issue.

CBO Scores Securing Access to Networks in Disasters Act

The Securing Access to Networks in Disasters Act of 2016 (S 2997) would direct the Federal Communications Commission to study ways to enhance access to telecommunications services during emergencies when mobile service is unavailable. The bill also would redefine the term “essential service provider” to explicitly include certain telecommunication mediums, such as Internet and cable services, in a list of entities that provide essential services. (Providers of essential services are generally provided access to disaster sites in order to restore and repair services during emergency situations.) Finally, S. 2997 would direct the General Accountability Office (GAO) to study ways the federal government could increase the resiliency of essential communication services during emergencies.

On the basis of information provided by the FCC, CBO estimates that carrying out the analysis required by the bill would increase the agency’s administrative costs by less than $500,000; such spending would be subject to the availability of appropriated funds. Under current law, the FCC is authorized to collect fees sufficient to offset the cost of its regulatory activities each year. Therefore, CBO estimates that the net cost to implement those provisions would be negligible, assuming appropriation actions consistent with the agency’s authorities. Based on the costs of similar reports conducted by GAO, CBO estimates that the increased costs to GAO to conduct the required study would be insignificant. Enacting S. 2997 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates that enacting S. 2997 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027.

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