Federal Communications Commission (FCC)

Senate Commerce Committee Republicans are likely to barrage FCC nominee Anna Gomez with questions during a Thursday confirmation hearing to pinpoint her positions on communications policies the commission might act on under a 3-2 Democratic majority, but won’t go as negative as during ex-candidate Gigi Sohn’s February panel (see 2302140077), lawmakers and lobbyists said in interviews. Gomez will get a far friendlier reception from Senate Commerce’s Democratic majority, but officials say they will be eyeing questions from three caucus members who were undecided on Sohn in the weeks before her March withdrawal (see 2303070082).

The FCC’s administration of its affordable connectivity program and other broadband initiatives won’t be the sole focus of a Wednesday House Communications Subcommittee hearing with commission Chair Jessica Rosenworcel and other commissioners, but it’s likely to be the item with the most bearing on future policymaking, observers said in interviews. The panel is happening a day before two of the commissioners -- Republican Brendan Carr and Democrat Geoffrey Starks -- appear before the Senate Commerce Committee for a joint confirmation hearing with new FCC nominee Anna Gomez (see 2306150068). The House Communications hearing will begin at 10:30 a.m. in 2123 Rayburn.

The reaction has been muted to FCC Chairwoman Jessica Rosenworcel's speech Wednesday launching a Privacy and Data Protection Task Force and urging a more aggressive approach by the agency on data privacy (see 2306140075). But some observers questioned how far the FCC can go under its legal authority to regulate privacy. Rosenworcel said Wednesday sections 222 and 631 of the Communication Act provide the grounding for FCC action. Congress rejected ISP privacy rules approved under former Chairman Tom Wheeler, through a Congressional Review Act resolution (see 1704040059).

The FCC approved 4-0 NPRMs on expediting the transition to next-generation 911 and giving consumers more choice on the robocalls and robotexts they’ll receive (see 2305180069). Both were approved with limited comments from commissioners.

Don’t include communications in a state review of utilities’ low-income universal service programs, Verizon urged the Pennsylvania Public Utility Commission Wednesday. "Low-income discount programs for voice and internet are governed by federal law,” Verizon commented in docket M-2023-3038944. FCC rules cover eligibility, enrollment, recertification and other issues raised by the Pennsylvania PUC in a March 27 letter, said the carrier: While the state commission "has a role with certain aspects of these federal programs, it must work within and cannot alter or depart from the federal requirements."

Senate Commerce Committee leaders are continuing to push for a June confirmation hearing on FCC nominee Anna Gomez and renominated Commissioners Brendan Carr and Geoffrey Starks (see 2306010075) but haven't settled on a date, lawmakers and lobbyists told us. Ex-nominee Gigi Sohn, meanwhile, directed her ire during a Tuesday Media and Democracy Project event at all levels of news media for not effectively covering her year-plus stalled confirmation process, saying she hopes Gomez and other future FCC candidates don't get the same treatment. Sohn asked President Joe Biden to withdraw her from consideration in March amid continued resistance from a handful of Democrats and uniform GOP opposition (see 2303070082).

The telecom industry warned California regulators not to overstep, in Friday comments on three rulemakings at the California Public Utilities Commission. Litigation is likely if the CPUC ramps up VoIP regulation, said internet-based phone providers in docket R.22-08-008. Meanwhile, in docket R.23-04-006, video franchise holders said there’s no need to revamp how they’re treated under the state’s Digital Infrastructure and Video Competition Act (DIVCA). Consumer groups fail to support their calls for stricter and more widely applied service-quality metrics for voice, said telecom groups in reply comments in R.22-03-016.

Verizon needs another year to migrate TracFone California customers to its network due to inaction by affected users, Verizon said in a Friday letter to the California Public Utilities Commission. In 2021, the CPUC approved Verizon’s TracFone buy with a condition that it migrate all TraceFone customers to Verizon’s network by Nov. 22 this year. Verizon seeks an extension to Nov. 22, 2024, “to align with federal regulatory obligations and to continue its efforts to persuade TracFone’s California-based customers to migrate through customer-friendly incentives in light of widespread customer inaction despite Verizon and TracFone’s robust outreach to affected customers.” The FCC’s merger approval allowed three-years minimum for customer migration, Verizon said. Saying it can’t force anyone, the carrier said it’s doing everything it can to move customers. “Despite robust outreach and generous incentives, a large number of customers have not migrated,” it said. “These customers have been contacted on a nearly weekly cadence, with some customers having received over 50 communications to date.” The carrier later in the letter described the number of unmoved customers as a “large percentage of the original universe of TracFone customers on non-Verizon networks.” If customers don’t move by the current deadline, Verizon would continue to provide service for the time being but cease to communicate migration offers, it said. “Such customers, assuming they do not switch service providers of their own volition, will remain in this status until TracFone ceases to provide service over the third-party network used to serve the customers.” Verizon would inform customers before they lose service, it said. The carrier asked the CPUC to extend the deadline by June 22.

The 42 GHz NPRM, teed up for a vote at the FCC’s June 18 meeting (see 2305180069), was largely unexpected, though it had apparently been in the works since 2021 when staff for Chairwoman Jessica Rosenworcel started asking about putting the band to work, industry officials told us. The 500-MHz of spectrum is uniquely unoccupied, with no federal or nonfederal incumbents.

Industry opposed extending California service-quality rules to VoIP and wireless -- and to sharpening the current penalty mechanism for plain old telephone service (POTS) -- in comments Thursday at the California Public Utilities Commission. Consumer groups urged the CPUC to expand and sharpen the teeth of its oversight regime. The responses to a staff outages report largely tracked with previous comment rounds in docket R.22-03-016 (see 2212220052 and 2205100048).