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October 2016

Improving Wireless Coverage in Rural America

At our November monthly meeting, the Federal Communications Commission will consider a series of items that could improve wireless coverage in rural areas across the country. This starts with a proposal to move forward with Phase II of the Mobility Fund. A top priority of Phase II is making sure investments are better targeted to expand and preserve 4G LTE coverage in areas where it would be unavailable absent universal service support, especially in rural areas. I am circulating proposed rules for Phase II of the Mobility Fund, which would leverage this new coverage data, allow for the targeted use of additional data to validate eligibility decisions, and use a competitive “reverse auction” bidding process to allocate more than $470 million in annual support to preserve and extend 4G LTE coverage. The proposal also sets minimum network performance and service requirements to make sure rural residents aren’t stuck with second-rate service. And in recognition of the distinct challenges in bringing connectivity to Tribal lands, the proposal would allocate a portion of the overall support specifically for qualifying Tribal lands and offer bidding credits for Tribally-owned and controlled providers.

Another effective tool to help enhance consumer choice for wireless service in rural areas is “roaming.” To compete in the mobile marketplace, carriers must be able to offer nationwide coverage. Roaming agreements have made it possible for smaller providers – particularly in rural areas – to do business. Furthermore, carriers are increasingly providing voice service using Voice-over-LTE (VoLTE), an evolution of voice service that involves transmitting voice calls using streams of data. This proposal would also classify VoLTE under the “just and reasonable” standard as with other voice calls. Our aim is to provide consumers with seamless access to service in all areas of the country, regardless of provider and regardless of how a particular voice call is delivered.

At our November meeting, the Commission will vote on my proposal to encourage innovation and investment in Business Data Services, which are used for wireless backhaul, while ensuring that lack of competition in some places cannot be used to hold back wireless coverage.

Rounding out our November meeting will be an Order to increase the availability of video-described programming and to make it easier to access. Whether its people with disabilities or the residents of our most isolated rural communities, the FCC is committed to making sure all Americans have access to modern communications. With these actions, we will once again advance the cause of universal access.

FCC Schedules November Vote on Bulk Data Price Caps

The Federal Communications Commission said that commissioners will vote on final rules governing the pricing of older bulk-data services during its next open meeting, scheduled for Nov 17. The commission first unveiled its final rules for business data services on Oct 7. The rules were initially placed on circulation, and they could have been passed at any time after receiving votes from three commissioners. The commission’s plan would place price caps on parts of the $45 billion business data services industry, which powers ATM and retail transactions as well as cell towers. The rules expand upon price caps affecting older, largely copper-based bulk-data technology. Newer packet-based Ethernet technology would not be capped under the rule, but there would be an FCC-overseen complaints process for prices deemed noncompetitive. Oct 27’s announcement said the rules will “allow for light-touch regulation of packet-based business data services,” while “retaining and updating price cap regulation” for slower bulk-data technology.

FCC Provides Guidance on Rolling Recertification Pursuant to the Lifeline Modernization Order

In this Public Notice, the Wireline Competition Bureau (Bureau) provides guidance regarding the implementation of the rolling recertification process, as established by the 2016 Lifeline Modernization Order. The Commission adopted rules to change the subscriber eligibility recertification process from once each calendar-year to a rolling process based on each subscriber’s service initiation date. Currently, Lifeline subscribers must recertify their eligibility once every calendar year. The Order adopted a rolling recertification process that requires subscriber eligibility to be recertified every 12 months following the subscriber’s service initiation date. The Commission established this rolling recertification requirement to improve administrative efficiency and reduce burdens on carriers, USAC and, in the future, the National Verifier.

What Trump could (and couldn’t) do to restrict press freedom if elected

First, could President Trump “open up our libel laws”? No. States create nearly all libel laws, and they’re subject to First Amendment limits. Trump couldn’t require states to change their laws, any more than he could require the Supreme Court to change its First Amendment jurisprudence, or require Congress to rewrite the First Amendment. This is a matter of eighth-grade civics.

Second, could President Trump change the Freedom of Information Act? Kind of. He alone couldn’t amend the law, but he could affect its implementation. For example, on his first full day in office, President Barack Obama signed one executive order and two presidential memoranda heralding a “new era of openness” that would, among other things, re-establish a presumption of disclosure for records requested under the FOIA—and reverse President George W. Bush’s changes to the Presidential Records Act, to hold his own records “to a new standard of openness.”

Third, could President Trump crack down on public affairs reporting? Yes, most likely in the area of national security—if his Department of Justice prosecuted journalists under, say, the Espionage Act, something that has occurred once before, or if his DOJ tried to obtain an injunction against publication, or prosecuted leakers and subpoenaed journalists to supply information. Another route would be to issue an executive order modifying how classified information must be handled, or allowing information to be classified for longer periods.

Fourth, what if President Trump simply didn’t like the press, as he’s been saying on the campaign trail? What impact could that have? It could mean Trump would be less accessible to journalists or wouldn’t invite them to certain functions or press conferences.

Comcast names Beth Choroser Vice President of Regulatory Affairs

Comcast Corporation announced that Beth Choroser has been promoted to Vice President, Regulatory Affairs in Washington (DC). Choroser will direct Comcast’s advocacy on regulatory matters affecting broadband, voice, public safety and security with a primary focus on the Federal Communications Commission. Choroser will be based in Comcast’s Washington, DC office and is replacing Mary McManus who is retiring at the end of Oct. Choroser previously served as Executive Director of Regulatory Affairs for Comcast Corporation in Philadelphia supporting the business, the regulatory law department and government affairs on a wide range of federal and state telecom matters. Prior to Comcast, Choroser worked at Kulicke and Soffa Industries Inc., ATX Telecommunications Service and New England Electric System. Choroser follows in the steps of Mary McManus, a well-known and highly regarded telecom lawyer who has served as one of the Comcast’s senior regulatory advocates before the FCC for the last 10 years. Choroser received a BA from Pennsylvania State University and a MBA from Syracuse University School of Management.

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