The FCC told the 5th U.S. Circuit Court of Appeals that Consumers' Research's challenge of its Q1 2022 USF contribution factor "lacks merit" and defended the Universal Service Administrative Co.'s role as "exclusively administrative" in establishing quarterly factors. "Congress’s delegation of authority to the FCC amply satisfies the constitutional standard set forth in controlling Supreme Court precedent," said the commission. The USAC "has no policymaking authority" and is "overseen by the FCC at every step," the said in an en banc brief posted Thursday in case 22-60008 (see 2308070033). The FCC also said CR's private delegation challenge should be rejected because USAC "does not exercise regulatory power" or have any policymaking role in administering USF programs.
A coalition of consumer advocacy organizations asked the FCC to clarify certain rules on revoking consent for robocalls and robotexts (see 2308150071). The National Consumer Law Center, National Association of State Utility Consumer Advocates, Electronic Privacy Information Center and Consumer Federation of America recommended to Consumer and Governmental Affairs Bureau staff that all prerecorded calls should include an automated mechanism to stop future calls and texts should include a "STOP" option to revoke consent, said an ex parte filing posted Wednesday in docket 02-278. The groups also asked that consumers have a "right to revoke consent even if consent was provided as part of a contract."
GAO recommended NTIA provide "constructive feedback" to tribal broadband connectivity program applicants that received equitable distribution grants of up to $500,000 instead of the amounts they requested. In a report Thursday, it also recommended providing "another form of assistance" in the program's second round (see 2307270046). NTIA agreed with GAO about the "importance of providing constructive feedback" and said it did so for all 45 applicants that did not receive an award because they "did not pass merit review or successfully complete programmatic review" as required by the first notice of funding opportunity. The agency will "again conduct targeted outreach and host technical assistance webinars" as part of its second NOFO.
The FCC committed more than $68 million in additional Emergency Connectivity Fund support Wednesday. The new funding will support 184 schools and school districts, 13 libraries and library systems, and two consortiums, per a news release. About $6.93 billion in funding commitments have been approved to date.
The FCC should define broadband based on "an evidence-based model that reflects actual demand from actual users in actual real-world circumstances," blogged Free State Foundation President Randolph May and Senior Fellow Andrew Long Thursday. May and Long cited Chairwoman Jessica Rosenworcel's proposal circulated in July that would seek comment on the state of broadband deployment and increase the national fixed broadband standard to 100/20 Mbps (see 2307250068). A fact-intensive assessment of real-world use cases taking into account the actual speeds and performance Americans require today and in the foreseeable future" would "produce a more informed, more fiscally responsible working definition" of broadband, they said.
NTIA awarded seven grants totaling nearly $3.5 million through the tribal broadband connectivity program Thursday. The new funding will support broadband deployment and planning projects for seven tribes in New Mexico, Nevada, Oklahoma, Oregon and Washington, per a news release. Applications for the next round of program support are due by Jan. 23 (see 2307270046).
The FCC Office of International Affairs rejected a request by Incompas and Morgan Lewis, on behalf of its clients, asking the FCC for a 30-day extension of the deadlines to file comments and replies on an NPRM on Section 214 international authorizations (see 308070045) approved by commissioners 4-0 in April (see 2304200039). Initial comments are due Aug. 31, replies Oct. 2. “We find nothing sufficiently unique or unusual in this instance that would warrant granting the extensions of the comment and reply comment deadlines,” said an order in docket 23-119 in Wednesdays' Daily Digest. OIA agreed to exempt from a one-time information requirement some companies that recently provided information that hasn't changed, providing a break for those that filed applications within three years before the deadline of the one-time information collection. The exemption applies only to those with “no Reportable Foreign Interest Holders of the Authorization Holder other than those disclosed in the application (including any amendment)” and when “there are no changes to the Reportable Foreign Interest Holders disclosed in the application.”
Viya companies submitted to the FCC a heavily redacted revised disaster preparedness and restoration plan in connection with its election to receive Connect U.S. Virgin Islands Stage 2 mobile support. Viya asked that much of the report receive confidential treatment, in a filing posted Wednesday in docket 18-143. “VIYA Companies operate in a challenging environment where in addition to ordinary climate issues (e.g., high moisture and salt air) there exists regular threat of hurricanes, earthquakes, flooding, and other natural and manmade disasters,” Viya said: “VIYA Companies’ wireless and wireline networks are critical infrastructure for the U.S. Virgin Islands and VIYA Companies have a special responsibility to ensure network resilience and availability.”
The FCC Public Safety Bureau said Tuesday its 911 reliability certification system is now open for filing annual reliability certifications. The certificates are due Oct. 16. “The Commission’s rules require covered 911 service providers to take reasonable measures to provide reliable 911 service with respect to: (i) 911 circuit diversity; (ii) central office backup power; and (iii) diverse network monitoring,” the bureau said: “Covered 911 service providers must certify as to their compliance with each of these three requirements or to their implementation of reasonable alternative measures.”
Representatives of Alaska providers, led by the Alaska Telecom Association, urged the FCC to release an NPRM on a petition seeking an update and expansion of the Alaska Plan (see 2302230040). An NPRM would "provide the opportunity to review the proposals made … and develop an extended Plan,” said a filing posted Monday in docket 10-90: “An extended Plan will allow participants to proceed with planning for future deployment and upgrades, and to participate fully in the Broadband Equity, Access and Deployment program.” On a call with FCC Wireless and Wireline bureau staff were representatives of KPU Telecom, Alaska Communications, Alaska Power & Telephone, Fastwyre Broadband, Vantage Point, Alaska Communications and GCI.