October 2019

Supreme Court Raises Red Flags on Pre-emption

The US Supreme court has declined to overturn two lower court rulings that MN was preempted from regulating Charter Communications’s interconnected voice-over-internet protocol telephone service because the courts were convinced the operator had made the case for why it was an information service, not a telecommunications service, even though the Federal Communications Commission has yet to classify interconnected VoIP either way. That sounds like it would buttress the FCC’s assertion it can pre-empt state efforts to reregulate internet access, which the agency has definitely classified as

FCC Answers The Threat From Huawei

When it comes to 5G and America’s security, we can’t afford to take a risk and hope for the best. We need to make sure our networks won’t harm our national security, threaten our economic security or undermine our values. That requires a comprehensive effort, one the administration has been undertaking, including through a May 2019 executive order. The Federal Communications Commission, for its part, has been working at home and abroad with federal agencies, including the intelligence community.

Chairman Pai’s Response to Sen Daines Regarding the E-Rate Program

On July 10, 2019, Sen Steve Daines (R-MT) wrote to Federal Communications Commission Chairman Ajit Pai saying he was troubled by reports of "duplicative federal investment from the Universal Service Program for Schools and Libraries (E-rate) that has led to wasteful overbuilding of broadband infrastructure." On Oct 15, Chairman Pai responded, saying the FCC is reviewing the record on a petition for a rulemaking to consider amending rules relating to the E-rate program competitive bidding requirements.

Chairman Pai Letter to 30 Members of Congress Regarding the USF Cap

On Sept 19, 2019, 30 members of Congress wrote to Federal Communications Commission Chairman Ajit Pai requesting the FCC discard any plans for setting an overall cap for the Universal Service Fund (USF) programs, claiming such a proposal would harm broadband deployment, among other things. On Oct 15, Chairman Pai responded saying that the FCC sought comment on a proposed overall annual budget of $11.42 billion, which is more than three billion dollars above current USF program disbursements. Chairman Pai said this amount would be adjusted regularly for inflation.

Chairman Pai Letter to Rep Mast Regarding Lifeline Verifier

On May 16, 2019, Rep Brian Mast (F-FL) wrote to Federal Communications Commission Chairman Ajit Pai asking if the FCC would grant a waiver request that would provide interim relief by allowing service providers to assist consumers by providing eligibility information to the National Verifier in batches for an eligibility determination, or if the FCC would establish some alternate form of electronic submission to verify eligibility in the interim period prior to full launch of the service provider application programming interface (API).

Chairman Pai Letter to Sen Manchin on Broadband Mapping

On July 18, 2019, Sen Joe Manchin (D-WV) sent a letter to Federal Communications Commission Chairman Ajit Pai saying that the FCC's broadband maps were "woefully inaccurate" and "hurting the economy of the people of West Virginia." On Oct 15, Chairman Pai responded, saying that the FCC adopted a report and order in Aug aimed at generating more granular and accurate broadband maps through the creation of the Digital Opportunity Data Collection.

Britain's Ofcom backs plan to tackle rural mobile phone ‘not spots’

Better mobile phone coverage in the British countryside has moved a step closer after the government and the telecoms regulator backed an industry plan to share masts and build new towers in very remote areas. Mobile operators spent months thrashing out an agreement to allow access to each other’s masts in rural areas to improve patchy coverage, but it was contingent on Ofcom, the telecoms regulator, revising the rules of an impending sale of spectrum for 5G services. The regulator on Oct 25 confirmed the changes had been agreed.