Federal Communications Commission

The Federal Communications Commission’s Wireline Competition Bureau and Office of Strategic Planning and Policy released a staff report summarizing what we have learned to date as the result of an extraordinary effort to collect and analyze data, both about the current state of communications technology in America’s libraries and schools as well as the way the E-Rate program provides support.

We also published two maps providing a visualization of current fiber availability for schools and libraries across the country. A few insights from the report really stand out:

• The Commission’s E-rate Modernization Order has the potential to dramatically expand access to funding for Wi-Fi upgrades.
• Phasing down support for non-broadband services will, over the next five Funding Years, result in a total of over $3.5 billion which will be freed up and reallocated to higher priority broadband connections to and within schools and libraries.
• The report confirms that while there is work to be done in connecting more schools to fiber, the current state is somewhat better than expected.
• At the same time, many rural schools and the vast majority of libraries lack physical infrastructure necessary to meet the broadband goals adopted in the E-rate Modernization Order.
• One of the more striking takeaways from the report is how vividly it illustrates the variability in prices being paid for similar services by similarly situated schools and libraries seeking E-rate support.

In late 2013, the Federal Communications Commission announced that it would consider eliminating its sports blackout rule.

League blackout policies can prohibit local television broadcast stations from airing games. And if the local stations can’t broadcast it, the FCC’s blackout rule prohibits cable and satellite companies (within a local blackout zone) from carrying it.

This hurts fans who can’t go to the game. After carefully reviewing all of the arguments, I don’t believe the government should intervene in the marketplace and help sports leagues enforce their blackout policies.

Our job is to serve the public interest, not the private interests of team owners. So I’m asking the FCC to hold an up-or-down vote on ending the sports blackout rule.

In this Order, the Federal Communications Commission dismisses as untimely a petition filed by the American Cable Association and the National Cable and Telecommunications Association requesting reconsideration of the FCC Wireline Competition Bureau’s Phase II Challenge Process Guidance Public Notice.

However, as separate and independent grounds, the FCC concludes that the arguments raised by the petitioners do not justify reconsideration of the Phase II Challenge Process Guidance Public Notice.

Parties have 30 days from public notice of a Commission or Bureau action to file a petition for reconsideration. The Challenge Process Guidance Public Notice was released on June 20, 2014. Petitions for reconsideration were due on July 21, 2014. Petitioners filed the Joint Petition on July 22, 2014, after the 30-day window for filing had elapsed.

To further develop our understanding of open Internet issues, the Federal Communications Commission will host a series of staff-led Open Internet Roundtable Discussions in Washington, (DC).

The public Open Internet Roundtable Discussions will provide an opportunity for staff and interested parties to further examine the actions the FCC should take for its goal of determining the best approach to protecting and promoting Internet openness.

Specifically, the roundtable discussions from Sept 16 to Oct 7, 2014 will focus on public policy considerations and how they should be addressed to protect and promote Internet openness in both the fixed and mobile markets; the technological considerations involved in protecting the open Internet; how the competitive landscape and the economics of providing broadband and online services affects Internet openness; how the Commission can effectively enforce the current and proposed open Internet requirements; and the various legal theories underlying possible Commission actions in this area.

The Federal Communications Commission has adopted rules requiring text messaging providers to enable Americans to text 911 in an emergency.

Building on commitments made by America’s four largest wireless carriers to support text-to-911 by May 2014, the new rules will ensure that all remaining wireless carriers and certain IP-based text application providers are prepared to support text- to-911 by the end of 2014. After that time, if a 911 call center requests text-to-911, text messaging providers will have six months to deploy the service in that area.

Text messaging is also widely used by Americans who are deaf, hard of hearing, or have speech disabilities. The Commission’s text-to-911 requirements apply to wireless carriers and “interconnected” text messaging providers (i.e., those which enable consumers to send text messages to and from US phone numbers). This includes providers of “over the top” applications that support texting to and from phone numbers but not, for example, messaging apps that only support communications among users of games or social media.

The Commission also adopted a Third Further Notice of Proposed Rulemaking that seeks comment on the continued evolution of text-to-911, including the delivery of location information and support for text-to- 911 when roaming.

The Federal Communications Commission adopted a Report and Order to streamline and eliminate outdated provisions of the Part 17 Rules governing the construction, marking and lighting of antenna structures.

As part of the FCC’s ongoing process reform initiative, this item will provide clarity and reduce the regulatory burden on tower owners and licensees. The Order makes common sense changes to FCC rules such as allowing tower owners to provide tenants with antenna structure registration information via mail, e-mail or other electronic methods.

The reforms adopted by the FCC will remove barriers to wireless deployment, reduce unnecessary costs, and encourage providers to continue to deploy advanced systems that facilitate safety while preserving the safeguards to protect historic, environmental and local interests.

The Federal Communications Commission asks the Federal-State Joint Board on Universal Service to provide recommendations on how the FCC should modify the universal service contribution methodology.

The FCC asks the Joint Board to examine the record developed in response to the 2012 Further Notice of Proposed Rulemaking and provide recommendations within the scope of the issues raised in that proceeding. The FCC requests that the Joint Board focus especially on issues that would impact the important role of the states in accomplishing universal service objectives and protecting consumers. The FCC additionally requests that the Joint Board consider, in making its recommendations, how to further the goals of improving the efficiency, fairness and sustainability of the contribution system.

Furthermore, the Federal-State Joint Board on Universal Service is requested to review the Commission’s rules relating to the universal service contribution methodology and the related issues and provide recommendations to the FCC no later than April 7, 2015 .

The Campaign Legal Center, Common Cause and the Sunlight Foundation filed a Petition for Rulemaking requesting that the Federal Communications Commission “initiate a rulemaking to expand to cable and satellite systems the requirement that public and political files be posted to the FCC’s online database.”

The FCC now seeks comment on the petition. The FCC also seeks comment on whether the Commission should initiate a rulemaking proceeding to require broadcast radio stations to use the online public file, and on an appropriate time frame for such a requirement.

Interested parties may file comments on or before August 28, 2014 and reply comments on or before September 8, 2014.

Allowing public access to the draft text of Open Meeting items before a vote is the right thing to do from a good government perspective.

I hope that the Federal Communications Commission will, as part of its process reform effort, make this common sense update to the non-disclosure rules. And, if successful, we could even think about extending it to items considered under our circulation procedures.

The following items have been deleted from the list of consent agenda items scheduled for consideration at the August 8, 2014 Open Meeting at the Federal Communications Commission and previously listed in the agency’s Notice of August 1, 2014. Items 1, 3, 4 and 5 from the consent agenda have been adopted.

1. New Visalia Broadcasting, Former licensee of Station DKSLK(FM), Visalia, California;
2. Nelson Multimedia for a Major Change to the Licensed Facilities of WSPY(AM), Geneva, Illinois;
3. Sunburst Media-Louisiana, LLC, Application for a Construction Permit for a Minor Change to a Licensed Facility, Station KXMG(FM), Jean Lafitte, Louisiana;
4. WDKA Acquisition Corporation, Licensee of Station WDKA(TV), Paducah, Kentucky;
5. Colonial Radio Group, Inc., Applications for Minor Modification of Construction Permits, Application for License to Cover FM Translator Station W230BO, Olean, New York.