Agenda

As we move from the networks of today to those of tomorrow, the Federal Communications Commission wants to work collaboratively with everyone affected—particularly Tribal partners. That’s why, later in June, I’ll hit the road to discuss this transition with Tribal Nations. Some FCC coworkers and I have been kindly invited to attend the Mid-Year Session of the National Conference of American Indians (NCAI), which is the “oldest, largest, and most representative American Indian and Alaska Native organization” serving Tribal interests. We’ll be participating in consultation sessions with a number of Tribes (and in addition to these NCAI sessions, dedicated FCC staff are already doing outreach to Tribes on both conference calls and visits to Indian Country).

I believe that the FCC and Tribal Nations share the same goal—ensuring high-speed Internet access to anyone who wants it, while respecting and preserving sites with historic, religious, and cultural significance to Tribes. To achieve this goal, the FCC needs to and wants to exchange perspectives with Tribes on the full range of issues associated with the deployment of wireless broadband infrastructure. I invite the leaders of the 567 federally-recognized Tribes and Native Hawaiian Organizations to join this important conversation.

Exclusive deals between broadband providers and landlords have long been a problem for Internet users, despite rules that are supposed to prevent or at least limit such arrangements. The Federal Communications Commission is starting to ask questions about whether it can do more to stop deals that impede broadband competition inside apartment and condominium buildings.

FCC Chairman Ajit Pai released a draft Notice of Inquiry (NOI) that seeks public comment “on ways to facilitate greater consumer choice and to enhance broadband deployment in multiple tenant environments (MTEs).” The commission is scheduled to vote on the NOI at its June 22 meeting, and it would then take public comments before deciding whether to issue new rules or take any other action.

Cable operator Internet service providers have been pushing hard against an opt-in regime for sharing user data with third parties, but there is another opt-in regime they are concerned about avoiding. In a phone call with the office of Commissioner Mignon Clyburn of the Federal Communications Commission, NCTA–The Internet & Television Association VP and deputy general counsel Diane Burstein argued against applying that regime to how broadband operators provide required notifications to their customers.

The FCC signaled it would be voting on a request for declaratory ruling by NCTA and the American Cable Association that they be allowed to e-mail those notifications rather than have to send out paper. FCC Chairman Ajit Pai has signaled support for that ruling, so it is expected to pass, but how it is implemented is also important to ISPs. Burstein told Commissioner Clyburn staffers that though operators would continue to offer paper notices to customers who wanted them, the default should be electronic unless a subscriber opts out and chooses paper.

The DC Circuit Court of Appeals put on hold the Federal Communications Commission’s plans to restore a key media ownership rule that allowed major station groups to expand through mergers and acquisitions. The ruling could prove to be a roadblock to Sinclair Broadcast Group’s pending $3.9 billion acquisition of Tribune Media TV stations.

The court issued a stay to the FCC’s decision in April to restore the so-called UHF discount, which has allowed major media companies to exceed restrictions on the number of stations that they can own. The court said that the stay will give them an opportunity to review the merits of the case. Apparently, the temporary stay granted on June 1 extends through June 7, and the real test will come next week after the review is completed by a three-judge panel.

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the June Open Commission Meeting scheduled for Thursday, June 22, 2017:

New Emergency Alert System Event Code For Blue Alerts – The Commission will consider a Notice of Proposed Rulemaking that would amend the Commission’s Emergency Alert System (EAS) rules to add a dedicated event code, “BLU,” for Blue Alerts, so that EAS alerts can deliver actionable information to the public when a law enforcement officer is killed, seriously injured, missing in connection with his or her official duties, or if there is an imminent and credible threat to a law enforcement officer. (PS Docket No. 15-94)

First Responder Network Authority – The Commission will consider a Report and Order that establishes the procedures and standards the Commission will use to review alternative plans submitted by states seeking to "opt-out" of the FirstNet network and to build their own Radio
Access Networks that are interoperable with FirstNet. (PS Docket No. 16-269)

Exemption to Calling Number Identification Service – The Commission will consider a Notice of Proposed Rulemaking that would amend the Caller ID rules to allow disclosure of blocked Caller ID information to aid law enforcement in investigating threatening calls and continue the
waiver of those rules that is currently in effect for Jewish Community Centers. (CG Docket No. 91-281)

OneWeb Market Access Request – The Commission will consider an Order and Declaratory Ruling that recommends granting OneWeb’s request to be permitted to access the U.S. market using its proposed global non-geostationary satellite constellation for the provision of broadband communications services in the United States. (IBFS SAT-LOI-20160428-0041)

Improving Competitive Broadband Access to Multiple Tenant Environments – The Commission will consider a Notice of Inquiry that seeks comment on ways to facilitate greater consumer choice and enhance broadband deployment in multiple tenant environments such as
apartment buildings, condominium buildings, shopping malls, or cooperatives. The Notice of Inquiry further seeks comment on the current state of broadband competition in such locations and whether additional Commission action in this area is warranted to eliminate or reduce barriers faced by broadband providers that seek to serve the occupants of multiple tenant environments. (GN Docket No. 17-142)

Electronic Annual Notice Declaratory Ruling – The Commission will consider a Declaratory Ruling which would clarify that the “written information” that cable operators must provide to their subscribers via annual notices pursuant to Section 76.1602(b) of the Commission’s rules may be provided via e-mail. (MB Docket No. 16-126)

Modernization of Payphone Compensation Rules – The Commission will consider a Notice of Proposed Rulemaking and Order that (1) proposes to eliminate the requirement that carriers that complete payphone calls conduct an annual audit of their payphone call tracking systems and file an associated annual audit report with the Commission, and (2) waives the annual audit and associated reporting requirement for 2017. (WC Docket Nos. 17- 141 and 16-132; CC Docket No. 96-128).

Enforcement Bureau Action - The Commission will consider an enforcement action.

One of the reasons why Congress created the Federal Communications Commission—a reason it embedded in the very first section of the Communications Act of 1934—was “for the purpose of promoting safety of life and property through the use of wire and radio communications.” At our next public meeting on June 22, the FCC will aim to meet this charge by considering three ways to help law enforcement and first responders do their jobs. We will recognize and support these often-unsung heroes during Public Safety Month at the Commission.

The American people rightfully expect that all federal programs operate as efficiently as humanly possible and are targeted to help those truly in need. As Commissioners at the Federal Communications Commission, we have an obligation – as stewards of federal programs funded by monthly fees on American’s communications bills – to improve the functionality and effectiveness of the programs we oversee, including the Federal universal service fund (USF). Failure to do so would waste consumers’ hard-earned income, diverting it from the intended purposes and undermining public confidence in the programs. We should end the practice of spending scarce USF high-cost support to illogically subsidize the cost of communications services for very rich people who happen to live in the more rural portions of our nation. Because of our budgetary constraints, each dollar spent subsidizing service unnecessarily is a dollar that is not being used to help bring broadband to unserved Americans, particularly those who cannot afford the full cost of service. We seek comment on whether, and if so how, to implement means-testing within the high-cost universal service program.

A group of Democratic Sens, including some of the loudest critics of Federal Communications Commission Chairman Ajit Pai's effort to roll back Title II, have asked the FBI to investigate the multiple distributed denial of service (DDoS) attacks the FCC says it suffered that affected its online comment system. “This particular attack may have denied the American people the opportunity to contribute to what is supposed to be a fair and transparent process, which in turn may call into question the integrity of the FCC’s rulemaking proceedings,” the Sens wrote to acting FBI director Andrew McCabe. “We request that you update us on the status of the FBI’s investigation and brief us on this matter.”

Makan Delrahim, who's expected to be confirmed this week as head of the Justice Department's Antitrust Division, believes some so-called vertical mergers (such as the proposed AT&T-Time Warner deal) could pose anticompetitive concerns. He also said he will "vigorously enforce antitrust laws with respect to online platforms." "Just because a transaction or particular types of transactions have been approved in the past does not mean that they could not raise competitive concerns in the future," he said in written responses to questions submitted by Senators after Delrahim's short confirmation hearing.

Facebook, Google, Microsoft and a host of tech companies asked Congress to reform a government surveillance program that allows the National Security Agency to collect emails and other digital communications of foreigners outside the United States.

The requests came in the form of a letter to House Judiciary Chairman Bob Goodlatte (R-VA), who is overseeing the debate in the House of Representatives to reauthorize a program, known as Section 702, which will expire at the end of the year without action by Capitol Hill. In their note, the tech companies asked lawmakers for a number of changes to the law particularly to ensure that Americans’ data isn’t swept up in the fray. Meanwhile, they endorsed the need for new transparency measures, including the ability to share with their customers more information about the government surveillance requests they receive. Signing the note are companies like Airbnb, Amazon, Cisco, Dropbox, Facebook, Google, LinkedIn, Lyft, Microsoft and Uber. Absent, however, is Apple.