Federal Communications Commission (FCC)

Congressional Democrats are pressing harder for President Joe Biden to name a permanent FCC chair and a fifth commissioner, citing the need for a majority to act on changes to net neutrality rules and other priorities unlikely to garner GOP support. Lawmakers remain publicly hopeful the administration will soon announce its FCC nominees. Privately, Senate Democrats in recent days told the White House their patience on FCC nomination delays has evaporated, aides said.

Industry trade groups said 21st Century Communications Video Accessibility Act rules are sufficient, but consumer groups want the FCC to examine and strengthen accessibility requirements for the online and streaming media due to problems that rose in use during the pandemic, per comments posted Tuesday in docket 21-140. “Acknowledge the wide range of Internet-Protocol-based multimodal communications services,” said Telecommunications for the Deaf and Hard of Hearing and other groups for the hearing-impaired. They asked the FCC to complete rollout of real-time text, update TV closed captioning rules, “vigorously enforce” rules, migrate the Disability Rights Office to a new Office of Civil Rights, and seek more authority on accessibility from Congress. NAB, NCTA and CTA said the rules are sufficient. “There is no need for the Commission to update its rules implementing the CVAA,” said NCTA. “No additional obligations are necessary or appropriate” now, said NAB. “Leverage” the emergency broadband benefit and emergency connectivity fund to increase connectivity to the disabled, CTIA said. “Evaluate the accessibility of emergency information, government press conferences, and other critical sources of public information presented through television,” urged the American Foundation for the Blind. ACA Connects said the FCC “bizarrely” never made rule changes from 2016 on programmer closed captioning certifications effective: “It is well past time for the Commission to address this by publishing with dispatch the requisite Federal Register notice.”

Tech and telco groups disagreed about USTelecom's petition for reconsideration of calling party notification and blocked call list requirements, in comments posted Monday in docket 17-59 (see 2105200074). Lumen said requirements should exclude legacy networks because it's "unclear whether those systems are technically capable of accommodating such a notification." The Voice on the Net Coalition agreed and said the FCC should confirm that calls blocked by a subscriber through anonymous call rejection or Do Not Disturb don't fall under the session initiation protocol (SIP) response code requirements. The Ad Hoc Telecom Users Committee disagreed: "Introducing carrier discretion as to the type of notification will only increase confusion for legitimate callers." Incompas and the Cloud Communications Alliance said such flexibility "is exactly what the commission sought to avoid by prescribing standardized uniform notifications." The groups opposed extending January's deadline for notification implementation. USTelecom's petition "does not explain how a different form of notification would be superior to use of the SIP codes," said the American Bankers Association, National Retail Federation and others.

AT&T, T-Mobile and Verizon agreed to start providing vertical-location information where available on all calls to 911 nationwide within seven days, to implement compliance plans, and to each pay a $100,000 fine, the FCC said Thursday. Public safety groups applauded the action. The agency's two Republican members were upset over process and technological issues.

President Joe Biden proposed substantial budget increases Friday for the FCC, FTC and most tech-focused agencies within the Commerce and Justice departments for FY 2022, in documents released Friday. The administration proposed a smaller increase for the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and would keep CPB's funding at $475 million.

The California Public Utilities Commission shared proposed resolutions on California LifeLine and inmate calling services for its Thursday meeting. Commissioners plan to vote on a resolution to comply with a May 5 order (in Pacer) by U.S. District Court for Northern California (case 3:20-cv-08312-MMC) that granted the National Lifeline Association’s request to stop the agency from implementing a zero dollar co-pay for basic and standard LifeLine plans. The proposed resolution would rescind that: “Wireless providers may file a Tier 2 advice letter if they wish to charge a co-pay for these plans, subject to review for affordability and compliance with program rules.” The CPUC would comment at the FCC supporting the federal agency lowering “the extremely high cost of communications for inmates and their loved ones.” The FCC sought comment on permanent rate caps in a May 24 (see 2105240055). The CPUC is weighing lowering intrastate ICS rates (see 2105030059). Also Friday, the commission sought comment by July 2, replies July 19 in its broadband-for-all rulemaking (docket R.20-09-001) on three digital redlining studies by the Greenlining Institute; University of Southern California; and Communications Workers of America and National Digital Inclusion Alliance.

Drafts released Thursday revealed details of what acting Chairwoman Jessica Rosenworcel wants FCC colleagues to vote on at the members' June 17 meeting. On letting companies market RF devices pending FCC authorization, a draft would allow a greater number of the products than initially suggested. CTA sought limited marketing and sales of wireless devices to consumers before they're authorized.

The FCC will launch a proceeding aimed at increasing telecom security by making changes to its equipment authorization rules and competitive bidding procedures “to help keep insecure devices off the market,” acting Chairwoman Jessica Rosenworcel said Wednesday. Commissioners will also take up a proposal sought by CTA allowing the limited marketing and sales of wireless devices to consumers before equipment authorization. All the items are to be voted at the June 17 commissioners' meeting.

House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., and Communications Subcommittee ranking member Bob Latta, R-Ohio, pressed committee Democrats Tuesday to set an FCC oversight hearing on implementation of the $7.17 Emergency Connectivity Fund and $3.2 billion emergency broadband benefit. EBB and ECF “could be subject to waste, fraud, and abuse,” Latta and Rodgers said in a letter including to Commerce Chairman Frank Pallone, D-N.J. “The Commission still is without a permanent Chair and short-handed with only four commissioners.” The GOP leaders want the committee hearing to examine what they view as acting FCC Chairwoman Jessica Rosenworcel’s “lack” of “commitment to free speech.” They cited the letter Reps. Anna Eshoo and Jerry McNerney, both D-Calif., sent providers in February asking them to justify carrying Fox News, Newsmax and One America News Network (see 2102220068). Rosenworcel “ignored” Commerce Republicans’ “request that she denounce efforts of these Federal government officials to silence speech,” Latta and Rodgers said. Commerce Democrats and the FCC didn’t comment. The committee's last FCC oversight hearing was in September (see 2009170068).

The FCC seems unlikely to backtrack on last year’s 5-0 order splitting 5.9 GHz between Wi-Fi and auto safety (see 2011180043). Commissioner Brendan Carr considers this a key early test of the commission’s resolve to stick with controversial decisions (see 2105130064). Transportation Secretary Pete Buttigieg expressed concerns, similar to those in the last administration (see 2103250071).