press release

After a comprehensive review of funding request forms (FCC Forms 462 and 466) received during the second filing window period for FY2016 (i.e., September 1 – November 30, 2016), USAC will begin issuing funding commitment letters (FCLs) on April 10, based on the total dollar value of all qualifying funding requests received during the September – November 2016 filing window period. The total dollar value of all qualifying funding requests received during this filing window period was $274,725,249. Because this amount exceeds the RHC Program funding available of $254,255,017 at the beginning of the September – November filing window period, funding requests submitted during the September – November filing window period will receive a pro-rated percentage of the qualifying funding requested. The pro-rata percentage for the FY2016 September – November filing window period is 92.5% (reduction of 7.5%) for the qualifying funding requests. The exact amount of funding each qualifying funding request will receive will be detailed in the FCLs.

John Windhausen, the Executive Director of the Schools, Healthcare and Libraries Broadband Coalition, said, “The SHLB Coalition appreciates the difficult position faced by USAC, the Federal Communications Commission (FCC) and applicants in the Rural Health Care (RHC) Program. For the first time, demand for RHC program funding in FY 2016 has exceeded the $400 Million cap, and as a result, several rural telehealth providers will suffer reductions in funding. Unfortunately, this will mean that many rural health centers will be forced to pay more to maintain their existing telemedicine connections, and some of these clinics may be forced off the network altogether, which jeopardizes the quality of health care delivered to rural America. This funding crisis points to the need for comprehensive reform of the RHC program, which the SHLB Coalition requested in its Petition for Rulemaking filed in December 2015. The RHC program is the only one of the four Universal Service Fund programs that has not been fully reformed, and we urge the FCC to move forward to upgrade this program as soon as possible.”

President Donald J. Trump announced his intent to nominate key additions to his Administration:

• Vishal J. Amin of Michigan to be Intellectual Property Enforcement Coordinator in the Executive Office of the President. Mr. Amin is currently Senior Counsel on the House Judiciary Committee. Earlier in his career, he served in the Administration of President George W. Bush at the White House, as Associate Director for Domestic Policy, and at the U.S. Department of Commerce, as Special Assistant and Associate Director for Policy in the Office of the Secretary. He received his bachelor's degree in neuroscience from Johns Hopkins University and his law degree from Washington University in St. Louis.
• Neomi Rao of Washington, D.C. to be the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget. Ms. Rao is a professor at the Antonin Scalia Law School at George Mason University, where she founded and directs the Center for the Study of the Administrative State. Her research and teaching focuses on constitutional and administrative law. Currently a public member of the Administrative Conference of the United States, Ms. Rao has previously served in all three branches of the federal government. She served as Associate Counsel to President George W. Bush; counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary; and law clerk to Justice Clarence Thomas of the U.S. Supreme Court. She practiced public international law and arbitration at Clifford Chance LLP in London. Ms. Rao received her JD with high honors from the University of Chicago and her BA from Yale University.

We’re thrilled to announce that City Bureau has received a $100,000 grant from the Voqal Foundation to continue its work creating equitable, community-centered coverage on Chicago’s South and West Sides. This comes on the heels of a generous $75,000 grant from the McCormick Foundation, an early supporter of City Bureau. With these grants, Voqal and McCormick renew their commitment to supporting media that is from and for the public. We feel lucky to spend our days building an innovative model for participatory journalism by supporting the work of emerging, diverse and civically engaged journalists in Chicago—and we’re grateful for the financial support needed to continue that work.

The Federal Trade Commission and Amazon have agreed to end appeals related to 2016’s court findings that the company billed consumers for unauthorized in-app charges incurred by children, paving the way for affected consumers to seek refunds from the online retailer shortly. A federal district court found in April 2016 that Amazon billed consumers for unauthorized in-app charges incurred by children using mobile apps such as online games downloaded through the company’s app store. The court found that Amazon failed to get parents’ consent for in-app charges made by their children. In that same ruling, the court also denied the FTC’s request for an injunction that would have forbidden Amazon from similar conduct in the future.

The FTC appealed the denial of the injunction, and Amazon then cross-appealed the court’s ruling that the company had violated the law. The district court stayed its order requiring Amazon to begin offering refunds to injured consumers while the appeals were pending. The decision by the FTC and Amazon to end their litigation will allow the refund process to begin shortly. More than $70 million in in-app charges made between November 2011 and May 2016 may be eligible for refunds. Details on the refund program, which Amazon will operate, will be announced shortly.

FirstNet is pleased to announce, after a thorough search by our Board Chair Sue Swenson, and Board Vice Chair Jeff Johnson, Tom Sorley has been selected to serve as the new Chair of the Public Safety Advisory Committee (PSAC).

Sorley has served as a PSAC Vice Chair for four years, and is the PSAC representative from the US Conference of Mayors. As the current Deputy Chief Information Officer (CIO) - Public Safety for the City of Houston Information Technology Services (HITS), he is responsible for direct oversight of radio communications and IT services for the Houston Emergency Center, the city’s combined dispatch and emergency operations center. Sorley’s more than 30 years of public safety experience also includes work as the Public Safety Communications Division Manager for Orange County (FL). He holds a Bachelor's degree in Professional Management as well as a Masters of Business Administration from Nova Southeastern University.

Reps Adam Kinzinger (R-IL) and Dave Loebsack (D-IA) introduced the Rural Spectrum Accessibility Act (HR 1814) to expand wireless coverage in rural communities. This bipartisan effort would provide incentives for wireless carriers to make unused spectrum available for rural use and for smaller carriers. “The future of economic development in Iowa and across the country depends, in large part, on access to the internet and mobility,” said Rep Loebsack. “I have met with many small businesses, farmers, and rural telecommunication companies who have stressed the importance of mobile internet access in rural areas. I am pleased to work with Rep Kinzinger to introduce this legislation that will increase access to wireless broadband to help boost economic development, education opportunities and job growth in rural.”

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)

The Department of Commerce and First Responder Network Authority (FirstNet) announced the selection of AT&T to build the first nationwide wireless broadband network dedicated to America’s first responders. This record-breaking public-private partnership is a significant investment in the communications infrastructure that public safety desperately needs for day-to-day operations, disaster response and recovery, and securing of large events. It will also make 20 MHz of prime broadband spectrum available for private-sector development. The broad terms of this 25-year agreement between FirstNet and AT&T are:

FirstNet will provide 20 MHz of high-value, telecommunications spectrum and success-based payments of $6.5 billion over the next five years to support the Network buildout – FirstNet’s funding was raised from previous Federal Communications Commission spectrum auctions;
AT&T will spend about $40 billion over the life of the contract to build, deploy, operate and maintain the network, with a focus on ensuring robust coverage for public safety;
Additionally, AT&T will connect FirstNet users to the company’s telecommunications network assets, valued at more than $180 billion.

This innovative public-private partnership will create more than 10,000 new jobs and ensure public safety has a voice in the growth and evolution of the Network. In addition, FirstNet and AT&T will maximize the resources they are bringing to the partnership to create a financially self-sustaining network.

The House Commerce Committee’s Communications and Technology Subcommittee, chaired by Rep. Marsha Blackburn (R-TN), held a hearing entitled, “Realizing Nationwide Next-Generation 911.” A fun time was had by all.

The voice, text, video and data capabilities of today’s smartphones have redefined the way we communicate and live our lives and our first responders will soon have the robust broadband communications capabilities of FirstNet. But the nation’s 911 network – which ties the public to our first responders – may not be keeping pace with these technologies. The Subcommittee examined where the nation currently stands in modernizing our 911 services with these next generation technologies and avenues to move this critical component to public safety forward.

The Administration strongly supports House passage of Senate Joint Resolution 34, which would nullify the Federal Communications Commission’s final rule titled "Protecting the Privacy of Customers of Broadband and Other Telecommunication Services," 81 Fed. Reg. 87274 (December 2, 2016). The rule applies the privacy requirements of the Communications Act of 1934 to broadband Internet Service Providers (ISPs) and other telecommunications carriers. In particular, the rule requires ISPs to obtain affirmative "opt-in" consent from consumers to use and share certain information, including app usage and web browsing history. It also allows ISPs to use and share other information, including e-mail addresses and service tier information, unless a customer "opts-out." In doing so, the rule departs from the technology-neutral framework for online privacy administered by the Federal Trade Commission. This results in rules that apply very different regulatory regimes based on the identity of the online actor.

If SJ Res 34 were presented to the President, his advisors would recommend that he sign the bill into law.