Telecommunication

In April 2017, the Federal Communications Commission began a wireline infrastructure proceeding designed to accelerate broadband deployment. The proceeding contains multiple proposals to remove barriers to broadband deployment and infrastructure, such as reforming pole attachment rates and preempting state and local laws. Buried within these proposals is a plan to eliminate “tech transitions” rules, which outline the responsibilities of phone carriers when they choose to retire copper networks or discontinue service. The FCC is seeking to eliminate these rules by shortening the notice period for copper retirement and removing the requirement that carriers must consider what impact their network changes will have on other technologies. In other words, the FCC is now acting to enable carriers to quickly abandon copper services without considering the consequences for communities. But what is worse, rather repeal these rules directly, the FCC has decided to hide its intent behind a “technical” change in definition.

As we’ve seen from all of the groups that filed comments with the FCC, eliminating common-sense notification rules would impact consumers, small businesses, and competitive carriers, particularly the nation’s most vulnerable communities.

On August 30, 2017, the National Exchange Carrier Association, Inc. (NECA) filed its 2018 Modification of the Average Schedule Universal Service High Cost Loop Support Formula. The proposed formula, if approved, would take effect on January 1, 2018, and remain in effect through December 31, 2018.

The Wireline Competition Bureau seeks comment on the proposed formula. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file comments on or before the dates indicated above. All pleadings are to reference WC Docket No. 05- 337. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS), or by filing paper copies.

As flood waters began swallowing roads and homes during Tropical Storm Harvey, panicked Houston residents did what everyone in the US is programed to do in an emergency. They dialed 911. But the emergency number struggled with record high call volume. At the peak of the storm, the service received around 80,000 calls in a 24-hour period. The Harris County area typically gets around 8,000 calls a day. Some people were unable to get through at all, and those who did were put on hold while a recording -- which promised the call was being processed -- looped. Desperate residents took to social media to post their addresses in the hopes that someone would get the information to the right authorities or a friend with boat. The requests went viral, leaving many wondering why 911 wasn't able to do more. Like most 911 systems in the U.S., Houston's is based on outdated telephone network technology.

This Public Notice serves as notice that the Federal Communications Commission has appointed members to serve on the working groups of the Communications Security, Reliability, and Interoperability Council (CSRIC or Council). The members of these working groups are listed in Appendix A. This Public Notice also serves as notification that the next CSRIC Meeting will beheld on October 26. The newly-chartered CSRIC held its first meeting on Friday, June 23, at which time FCC Chairman Ajit Pai announced the topics of the working groups.

[Commentary] Once the floodwaters recede and the reconstruction begins, when can residents see their phone service — and broadband service — return. For rural residents of Texas still dependent on traditional landlines, the answer to that may be “never.”

Why never? Back in 2011, Texas deregulated its telephone system. Of particular relevance here, Texas made it ridiculously easy for phone companies to get rid of their “carrier of last resort” (COLR) obligations — the obligation for the incumbent telephone network to provide service to everyone its service territory. As a result, phone companies in Texas do not have a state-based legal obligation to repair or replace service once it goes down. So in places where the telephone network has been damaged or destroyed by Harvey, AT&T (the primary legacy phone company in the impacted area) has no state responsibility to restore service.

[Harold Feld is Senior Vice President at Public Knowledge]

Earlier in August, in its war against illegal robocalling campaigns the Federal Communications Commission proposed another hefty fine. That is, a fine of 82 million dollars. The target of the FCC’s wrath? Mr. Philip Roesel, who wasn’t just calling a la Adele style. Instead, Roesel is accused of both illegal robocalling in violation of the Telephone Consumer Protection Act (TCPA) and illegal spoofing, which the FCC claims violated the Truth in Caller ID Act of 2009 (TCIA). For his 21 million illegal robocalls, Roesel received merely a sternly worded citation from the FCC.

Following a recent trend, the FCC’s massive $82 million fine proposed against Roesel relied primarily on the TCIA’s prohibition against the transmission of misleading or inaccurate caller ID information, commonly referred to as spoofing, “with the intent to defraud, cause harm or wrongfully obtain anything of value.” What’s unique about this proposed fine is two-fold. First, the monetary value of the fine itself is one to write home about. Second, this fine is yet another instance where the TCIA has been used by the FCC to issue a penalty against illegal robocallers. It’s a trend that the FCC started not too long ago but is likely to continue into the future for several reasons.

As previously announced, the Public Safety and Homeland Security Bureau (PSHSB) will host a public workshop on September 11, 2017 to discuss best practices for improving situational awareness during 911 outages. By this Public Notice, the Bureau announces the agenda and panelists for the workshop.

The next meeting of the Consumer Advisory Committee will take place on Monday, September 18, 2017, from 9:00 a.m. to 3:00 p.m. at the Commission’s headquarters building. At its September 18, 2017 meeting, the Committee is expected to consider a recommendation from its Robocalls Working Group regarding blocking of unwanted calls. The Committee will also receive briefings from Commission staff on issues of interest to the Committee.

The Public Lands Telecommunications Act (HR 2425) would make most fees collected by the federal government from firms with communications equipment on federal lands available to be spent, subject to appropriation, by federal land management agencies (Bureau of Land Management, Forest Service, National Park Service, U.S. Fish and Wildlife Service, and Bureau of Reclamation).

Those agencies could use those amounts to carry out certain administrative activities. Assuming appropriation of the amounts expected to be available under the bill, CBO estimates that implementing HR 2425 would cost $104 million over the 2018-2022 period. Enacting the bill would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates that enacting the bill would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. HR 2425 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments.

On June 14, 2017, NTCA – The Rural Broadband Association (NTCA) and the United States Telecom Association (USTelecom) filed a joint petition pursuant to Section 10 of the Communications Act of 1934, as amended, requesting that the Commission temporarily forbear from application of universal service fund (USF) contribution requirements with respect to broadband Internet access transmission services provided by RLECs, whether tariffed or offered on a de-tariffed basis. The petition asks that the Commission forbear “until such a time as the Commission reaches a decision on whether any and all broadband services...should be required to contribute to support of federal USF programs or completes some other form of contributions reform.” Interested parties may file comments or oppositions to the NTCA and USTelecom Petition on or before September 13, 2017 and reply comments on or before September 28, 2017.