Pai FCC To Examine State of U.S. Broadband Deployment

Pai FCC To Examine State of U.S. Broadband Deployment

Tony Veach
Broadband

The FCC has released a Notice of Inquiry requesting comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion, in order to produce the 13th Broadband Progress Report. The Notice of Inquiry departs from previous FCC broadband assessments by, among other things, proposing to find the availability of advanced telecommunications capability requires access to either fixed or mobile services; proposing to set a 10/1 Mbps speed benchmark for mobile broadband services; and measuring annual broadband deployment by comparing deployment to census blocks in a present year to deployment in previous years. The 13th Broadband Progress Report will be the FCC’s first report issued under the Chairman Pai regime. Based on the views Chairman Pai expressed when he was a Commissioner, the 13th Report will likely overhaul the entire Section 706 process, and conclude that broadband is being deployed to all Americans in a reasonable and timely fashion.

NTCA Presses FCC To Review High-Cost USF Budget

NTCA Presses FCC To Review High-Cost USF Budget

Tony Veach
Broadband, USF

Recent ex parte filings made by NTCA–The Rural Broadband Association and rural broadband providers show that the FCC’s fixed budget for the high-cost portion of the universal service fund is obstructing rural broadband deployment. It’s estimated that the high-cost budget will produce a support shortfall of $173 million over the next 12 months, which has already forced rural carriers to roll back deployment plans. NTCA claims the FCC is obligated to review the budget by the end of this year, which presumably will lead the FCC to conclude that the budget is insufficient to maintain and increase deployment of rural broadband networks. NTCA’s assertion is based on language in the Tenth Circuit’s decision upholding the 2011 USF/ICC Transformation Order. Is the FCC required to make a review or is this something that is merely within the discretion of the FCC?

NTCA Survey Says: High-Cost USF Shortfall Harming Rural Broadband Deployment

NTCA Survey Says: High-Cost USF Shortfall Harming Rural Broadband Deployment

Tony Veach
Broadband, USF

In the 2016 Rate-of-Return Reform Order, the Federal Communications Commission imposed a strict budget control mechanism over the $2 billion rate-of-return portion of the total $4.5 billion universal service high-cost fund. However, the fixed USF budget will result in a shortfall of support estimated at $173 million over the next 12 months. A recent survey conducted by NTCA—The Rural Broadband Association shows that rural broadband providers have already decided to roll back network investment over the next 12 months because of reduced USF support.

Carpenter v. U.S. Part 2 – Battle of Business Records: Landline Phone Numbers vs. Historical Cell Site Location Information

Carpenter v. U.S. Part 2 – Battle of Business Records: Landline Phone Numbers vs. Historical Cell Site Location Information

Tony Veach
Fourth Amendment, Privacy, Wireless

One of the most important Fourth Amendment cases in years is being considered by the Supreme Court during its October 2017 term. The case, Carpenter v. United States, concerns whether historical cell site location information should be protected under the Fourth Amendment, requiring law enforcement to first obtain a search warrant before requiring wireless service providers to hand over CSLI related to a subscriber.

House Bill Would Kick Wireless Providers Out of The Lifeline Program

House Bill Would Kick Wireless Providers Out of The Lifeline Program

Tony Veach
Lifeline, Wireless

Representative Austin Scott (R-GA) has introduced the Stop Taxpayer Funded Cell Phones Act of 2017 (H.R. 3546). The bill, if passed, would prohibit all mobile wireless providers from receiving universal service fund support from the Lifeline program beginning in 2018. Representative Scott’s bill also contains a provision requiring 2018 universal service fund contributions to be collected as if wireless providers will receive the same amount of Lifeline support received in 2017. It then directs this excess funding to be deposited in the general fund of the U.S. Treasury for the sole purpose of deficit reduction. The bill has been referred to the House Energy and Commerce Committee. Representative Scott has introduced similar versions of the bill in the last two congresses.

Senators Introduce Email Privacy Act

Senators Introduce Email Privacy Act

Tony Veach
Privacy

Senators Mike Lee (R-UT) and Patrick Leahy (D-VT), along with six other co-sponsors have introduced the Email Privacy Act of 2017, which would amend the Electronic Communications Privacy Act by requiring law enforcement agents to obtain a warrant before acquiring the content of electronic messages.

Separation of Powers Restoration Act Targets Chevron Deference

Separation of Powers Restoration Act Targets Chevron Deference

Tony Veach

A group of Republican Senators have introduced the Separation of Powers Restoration Act of 2017 to eliminate “Chevron deference” that reviewing courts give to administrative agency decisions. The bill, if passed, would amend Section 706 of the Administrative Procedure Act to require courts to decide all questions of law and interpret statutory provisions de novo. It has been referred to the Senate Committee on the Judiciary.

FCC Proposes Strengthening Slamming & Cramming Rules

FCC Proposes Strengthening Slamming & Cramming Rules

Tony Veach
Slamming, Cramming

The Federal Communications Commission has released a Notice of Proposed Rulemaking that suggests ways to strengthen its existing slamming and cramming rules. Among other things, the FCC proposes to codify a rule banning misrepresentations on sales calls, and seeks comment on requiring carriers that rely on third-party verification to record the entirety of sales calls that precede a consumer’s preferred carrier switch.

FCC Proposes New Rural Call Completion Rules

FCC Proposes New Rural Call Completion Rules

Tony Veach
Rural Call Completion

The Federal Communications Commission has released a new proposal to better address ongoing problems in the completion of long-distance telephone calls to rural areas. In a recently released Second Further Notice of Proposed Rulemaking, the FCC recommends eliminating its existing data recording and reporting rules, and replacing them with new rules that require covered long-distance carriers to hold their intermediate providers accountable for call failures.

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