Telecommunication

CenturyLink is seeking the Federal Communications Commission’s permission to shut down a number of low-speed data and analog services in 24 states located in its predecessor company CenturyTel’s territories, citing lack of demand. Specifically, the service provider wants to discontinue seven of its wholesale interstate analog and low-speed data services: Metallic, Telegraph, Narrowband, Wideband analog, Wideband Digital, Program Audio and Analog Video services.

CenturyLink, which offers these services through CenturyLink’s FCC’s Tariff numbers 1, 2, 3, 6, 7, has requested to shut down these analog and low-speed data services by September 22, 2017. The service provider said in its FCC filing that “there are no customers for any of these low-speed analog services.” All of these services were used for applications that were part of a bygone era that have been replaced by more modern IP-based services.

Billionaire Carlos Slim's America Movil argued on July 5 against rules brought in by an overhaul of the country's telecommunications industry, saying in a statement they were unfair and had led to a loss of its business rights. In the latest chapter in a fight that could shape the future of competition in the sector, the supreme court is considering whether to undo parts of an overhaul that tilted the playing field against Slim's long-dominant America Movil and led to steep drops in prices that Mexicans pay for cell phone service and internet access.

Slim's lawyers argued that unfair "asymmetrical" rules prohibit America Movil from charging other telephone carriers for connecting their calls made to customers on its network, but let those companies charge America Movil for connecting its calls to their customers. The so-called "zero tariff" applied to Slim's company has undermined the power of the sector's regulator IFT as well as the rights of America Movil units Telmex and Telcel under past concessions awarded to them by the government, the statement said. The company said it has been harmed by the elimination of its rights to "cost recovery, economic stability and financial balance" granted by the concessions.

An AT&T-backed bill to end traditional landline phone service in Illinois is now the law of the land. Overriding Gov Bruce Rauner's (R-IL) veto, the General Assembly approved the telecom modernization bill on July 1, enabling AT&T to disconnect its remaining 1.2 million landline customers statewide, pending approval from the Federal Communications Commission. But holdouts may have some time before AT&T pulls the plug for good on its legacy telephone service.

"It's important for our Illinois customers to know that traditional landline phone service from AT&T is not going away anytime soon," said Paul La Schiazza, AT&T Illinois president. With customers switching to internet-based and wireless phone services, AT&T has been pushing for legislation to allow it to unplug its aging landline network and focus on the modern alternatives. AT&T said it is losing about 5,000 landline customers statewide each week, with less than 10 percent of Illinois households in its territory still using the service. While AT&T ultimately needs approval from the FCC to abandon a long-standing obligation to maintain its "plain old telephone service," it has already gotten similar legislation passed in 19 of the 20 other states where it is the legacy telephone carrier, with California as the only holdout.

The Federal Communications Commission released an Order taking a necessary procedural step so that the Code of Federal Regulations contains an accurate reflection of the FCC’s current privacy rules.

Specifically, the FCC’s pre-2016 Privacy Order rules that applied to wireless and wireline telephone carriers have been reinstated following the recent resolution of disapproval of the FCC’s 2016 privacy regulations under the Congressional Review Act (CRA). The resolution of disapproval of the FCC’s privacy regulations, signed by President Trump on April 3, 2017, declared that the 2016 Privacy Order “shall have no force or effect” and “shall be treated as though [it] had never taken effect.” In addition, the June 29, 2017 Order also dismisses as moot 11 petitions for reconsideration of the Commission’s 2016 Privacy Order.

FCC Chairman Pai sent letters to Sens Richard Shelby (R-AL) and Luther Strange (R-AL) and Reps Robert Aderholt (R-AL) and Mo Brooks (R-AL) on June 20, 2017, in response to their letter about the local service rate floor. Pai said after several years of experience with the rate floor rule, it now appears to impose high costs on rural consumers without any corresponding federal benefit. He noted the Commission recently froze the rate floor at the current minimum rate of $18 per month and adopted an NPRM seeking comment on whether the rate floor has met its intended purposes, whether changes should be made to the current rate floor methodology, or whether it should be eliminated entirely.

Verizon has asked the Federal Communications Commission to get rid of the so-called de facto retirements from its copper retirement definition, arguing that it could create uncertainty in the process of shutting down legacy facilities. In the FCC’s 2015 Technology Transitions Order, the FCC defined “copper retirement” as the “removal or disabling of copper loops, subloops, or the feeder portion of such loops or subloops, or the replacement of such loops with fiber-to-the-home loops or fiber-to-the curb loops.” However, the company said that the current process might hold up the process of migrating what it calls “chronic” copper customers, or those that have had multiple service visits to resolve issues.

"The 'de facto' concept should be removed because it introduces significant uncertainty to the copper retirement process,” Verizon said in a FCC filing. “Among other practical problems, the vague de facto retirement concept could result in unmanageable loop-by-loop retirement requirements or complicate a provider’s ability to move customers to fiber when that is the best and most efficient way to resolve troubles they are experiencing with copper facilities.”

Senate Minority Leader Charles Schumer (D-NY) called on the Federal Communications Commission to block telemarketers from leaving ringless voicemails, a new technology for sales calls. "With billions of robocalls made to cellphones each year, the feds should be doing more to rein in annoying telemarketers, not throw gas on the problem and add fuel to cellphone spam," said Sen Schumer.

Robocalls, or automated calls to consumers soliciting their information or business, have increased in recent years. Lawmakers and the federal government have taken note and ramped up efforts to curb them. In 2016, Schumer railed against the practice, noting that in two New York ZIP codes alone consumers had received 50 million robocalls in a single month. Ringless voicemails, unlike traditional calls, go straight to a recipient's voice mailbox. “Even though these voicemails may be quieter than what we traditionally think of as cellphone spam, they are no less intrusive or annoying to consumers,” Schumer wrote in a letter to FCC Chairman Ajit Pai on Sunday. “Ringless voicemail would be yet another way for consumers to feel that their phones are not their own. Unsolicited, spam robocall voicemails could flood mailboxes, clogging out legitimate messages.”

A petition to exempt ringless voicemails from anti-robocall rules has been withdrawn after heavy opposition. In March, a marketing company called All About the Message petitioned the Federal Communications Commission for a ruling that would prevent anti-robocall rules from applying to ringless voicemails. But the company withdrew its petition without explanation in a letter to the FCC last week, even though the commission hadn't yet ruled on the matter. As the name suggests, a ringless voicemail is the delivery of a voice message to a voicemail box without ringing the recipient's phone.

The now-withdrawn petition asked the FCC to declare that this type of message does not count as a "call" under the Telephone Consumer Protection Act (TCPA), which prohibits non-emergency calls made with auto-dialers, artificial voices, or prerecorded voices without the "prior express consent of the called party."

Legal challenges to the Federal Communications Commission's business data services (BDS) reforms have been consolidated in the US Court of Appeals for the Eighth Circuit. Petitions to deny some or all of the FCC's BDS report and order updating the framework for regulating business data services had been filed in three separate federal appeals courts. Those appeals came from CenturyLink, Citizens Telecommunications Company of Minnesota and a consortium of telecoms including Sprint.

The DC Circuit is the one with primary jurisdiction over telecommunications, but in the case of multiple filings, the US Judicial Panel on Multidistrict Litigation holds a lottery to determine the venue. CenturyLink told the US Court of Appeals for the Fifth Circuit that the FCC's regulation of rates on DS1 and DS3 service in areas deemed noncompetitive was arbitrary, capricious, an abuse of discretion and otherwise illegal. It said the FCC forced those price caps on competitive carriers despite evidence the cost of service had actually gone down.

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the July Open Commission Meeting scheduled for Thursday, July 13, 2017:

1. Call Authentication Trust Anchor – The Commission will consider a Notice of Inquiry that seeks comment on methods to authenticate telephone calls to further secure our telephone networks against illegal robocallers. The Notice seeks comment on implementing authentication standards for telephone calls, as well as the Commission’s role in this process and other public policy considerations. (WC Docket No. 17-97)
2. Advanced Methods to Target and Eliminate Unlawful Robocalls – The Commission will consider a Notice of Inquiry that explores methods by which reassigned telephone number data could be made available to callers to avoid making unwanted calls to consumers. (CG Docket No. 17-59)
3. Protecting Consumers from Unauthorized Carrier Changes and Related Unauthorized Charges – The Commission will consider a Notice of Proposed Rulemaking outlining steps to further curtail slamming and cramming. (CG Docket No. 17-169)
4. Rural Call Completion - The Commission will consider a Second Further Notice of Proposed Rulemaking that proposes rule changes to better address ongoing problems in the completion of long-distance telephone calls to rural areas. The Second Further Notice of Proposed Rulemaking proposes to (1) adopt new rural call completion requirements for covered providers, and (2) eliminate the Commission’s existing rural call completion recording, retention, and reporting rules. (WC Docket No. 13-39)
5. Video Description – The Commission will consider a Report and Order which increases the required hours of video described programming that covered broadcast stations and MVPDs must provide to consumers. (MB Docket No. 11-43)
6. Updating the Part 2 Equipment Authorization Program – The Commission will consider a First Report and Order that would update and amend its equipment authorization program by replacing two certification procedures with a new Supplier’s Declaration of Conformity process, codifying procedures for the electronic labeling of devices, modernizing the requirements related to the importation of electronic equipment, and incorporating up-to-date methods for equipment compliance measurements into the rules. (ET Docket No. 15-170)
7. Radar Services in the 76-81 GHz Band – The Commission will consider a Report and Order that would address use of the 76-81 GHz band under the Part 95 rules to support a broad range of vehicular radar uses, such as collision avoidance and adaptive cruise control systems, as well as to expand the types of fixed and mobile radar operations permitted within airport environments. (ET Docket No. 15-26)
8. Wireless Microphone Operations – The Commission will consider an Order on Reconsideration and Further Notice of Proposed Rulemaking that would address licensed and unlicensed wireless microphone operations in the TV bands and various other frequency bands. (GN Docket No. 14-166; ET Docket No. 14-165)