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March 2017

Infrastructure Month at the FCC

To bring the benefits of the digital age to all Americans, the Federal Communications Commission needs to make it easier for companies to build and expand broadband networks. We need to reduce the cost of broadband deployment, and we need to eliminate unnecessary rules that slow down or deter deployment. At next month's Commission meeting on April 20, the FCC will be voting on a number of proposals to do just that. That's why we are calling April "Infrastructure Month" at the FCC.

FCC Announces Tentative Agenda For April 2017 Open Meeting

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the April Open Commission Meeting scheduled for Thursday, April 20, 2017:

Connect America Fund: The Commission will consider an Order on Reconsideration that would amend the construction project limitation within section 54.303 of the Commission’s rules to permit carriers to report, for universal service purposes, capital expenses per location up to the established per-location per-project limit, rather than disallowing all capital expenses associated with construction projects in excess of the limit. (WC Docket Nos. 10-90 and 14-58; CC Docket No. 01-92)
Wireline Infrastructure Deployment: The Commission will consider a Notice of Proposed Rulemaking, Notice of Inquiry, and Request for Comment that would propose to remove regulatory barriers to infrastructure investment, suggest changes to speed the transition from copper networks and legacy services to next-generation networks and services dependent on fiber, and propose to reform Commission regulations that are raising costs and slowing, rather than facilitating, broadband deployment. (WC Docket No. 17-84)
Wireless Infrastructure Deployment: The Commission will consider a Notice of Proposed Rulemaking and Notice of Inquiry that commences an examination of the regulatory impediments to wireless network infrastructure investment and deployment, and how the Commission may remove or reduce such impediments consistent with the law and the public interest. (WT Docket 17-79; WT Docket 15-180)
Business Data Services: The Commission will consider a Report and Order that recognizes the strong competition present in the business data services market and modernizes the Commission’s regulatory structure accordingly to bring ever new and exciting technologies, products, and services to businesses and consumers. (WC Docket Nos. 16-143, 15-247, 05-25; GN Docket No. 13-5; RM-10593)
Reinstating the UHF Discount: The Commission will consider an Order on Reconsideration to reinstate the UHF discount used to calculate compliance with the national television audience reach cap. (MB Docket No. 13-236)
Noncommercial Educational Station Third-Party Fundraising: The Commission will consider a Report and Order that would adopt rules permitting NCE stations not funded by the Corporation for Public Broadcasting to alter or suspend regular programming in order to conduct fundraising for third-party non-profit organizations so long as such stations do not spend more than one percent of their total annual airtime on such activities. (MB Docket No. 12-106)
Promoting Diversification of Ownership in the Broadcasting Services: The Commission will consider an Order on Reconsideration that would allow noncommercial broadcasters greater flexibility to use a Special Use FRN for ownership reporting purposes and avoid the need to submit personal information to the Commission. (MB Docket No. 07-294; MD Docket No. 10-
234)

Business Data Services: Delivering on the Trump Regulatory Reform Agenda

March 30, the Federal Communications Commission circulated a drastically different vision for the Business Data Services marketplace [than what was seen during the Wheeler FCC]. On the heels of the largest data collection in the history of the FCC, the order proposes a data- and economics-driven regulatory approach that best reflects the level of competition that exists today (though the market is likely significantly more competitive than even this data – from four years ago – reflects).

The proposal appears to eliminate outdated regulations that hinder competitive markets, and proposes a rational regulatory framework where competition has yet to take hold. Reforming outdated regulations is not only a key component of economic growth, but some economists argue that it is the most powerful tool for incenting investment and increasing productivity. The BDS rules will finally evolve to reflect the increased level of competition and will encourage incremental fiber investment as the Pai FCC begins the process of delivering on regulatory reform promises made by the Trump Administration.

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