Gabriella Novello

Whether the FCC 2019 access stimulation order erases reciprocal compensation for long-distance and high-volume calls was at issue during oral argument Tuesday at the U.S. Court of Appeals for the D.C. Circuit in Great Lakes case 19-1233 (see 1911200061). Judges Robert Wilkins, Neomi Rao, and Laurence Silberman presided. Some were skeptical of the plaintiff's arguments the order prevents reciprocal comp and treats competitive carriers differently from long-distance carriers. Wilkins didn't ask any questions. The FCC relied primarily on the statutory provision that lets it prevent unreasonable charges, said Silberman, questioning why the rules aren’t reciprocal.

Stakeholders are increasing outreach before the FCC's emergency broadband benefit program starts on May 12 (see 2102250066). Some remain concerned whether EBB efforts will reach consumers that need the support the most, they said in recent interviews.

Citing "extraordinary circumstances," FCC acting Chairwoman Jessica Rosenworcel on Friday released a draft order for the $7.17 billion Emergency Connectivity Fund. The draft would adopt several proposals sought by education advocates and trade groups but excludes wireless providers' bid to include smartphones (see 2104060042). Rosenworcel thanked Republican Commissioner Brendan Carr's "encouragement to share a draft with the public." Ex parte presentations on ECF are prohibited after Wednesday at 6 p.m. EDT, said a public notice in docket 21-93. Rosenworcel says commissioners will likely vote on the rules by mid-May (see 2104140041). The program would mirror existing E-rate rules for eligibility and includes tribal libraries. Schools and libraries aren't required to be existing E-rate participants to apply, but entities not eligible for E-rate support won't be eligible for ECF. The draft puts Universal Service Administrative Co. in charge of administering funds. USAC will issue funding decision commitment letters for 50% of workable applications within 60 days after the first application window closes, 70% of workable applications within 100 days. Schools that bought services and equipment during the pandemic will be given priority in the first window, with any remaining funds awarded during a second one. USAC would make public pricing data for eligible services and equipment to put applicants in a "better bargaining position." Participating providers wouldn't be required to have eligible telecom carrier designation to contract with a school or library. The draft doesn't exclude providers participating in the emergency broadband benefit program from providing services through ECF. The draft lists Wi-Fi hot spots, modems, routers, combined modem-router devices and connected devices as eligible equipment. The commission defined connected devices as "laptop computers and tablet computers that are capable of connecting to advanced telecommunications and information services." Smartphones were excluded because they "lack the full functionality students, school staff, and library patrons need." There's limited exception for network construction because "in some instances, there is simply no commercially available service for purchase available to reach students, school staff, and library patrons in their homes." The document doesn't set minimum service standards. Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen, while backing the quick turnaround in a statement, was "disappointed that the draft order does not provide schools and libraries more flexibility" and doesn't "grant SHLB's request to waive a rule to let schools and libraries extend service from their buildings to surrounding households."

Inmate calling service providers could be required to provide telecom relay services for deaf, hard of hearing and blind incarcerated people, ICS rates will be cut for interstate and international calls, and providers will have one less year to comply with caller ID authentication requirements if all draft items are approved during the FCC's May 20 meeting (see 2104280084).

Rhode Island lawmakers held for further study a bill that would require ISPs seeking state contracts to adhere to net neutrality principles, during a Thursday Senate Commerce Committee hearing. SB-342 was introduced for the third time after stalling in 2019 and 2020 (see 2003110017). "We all want a safe and open internet," said bill sponsor Sen. Louis DiPalma (D). Public testimony was mixed, with opponents calling the bill unnecessary. It "is neither legally permissive nor an effective way to achieve" net neutrality goals, said Wilkinson Barker's Russell Hanser. The bill is "absolutely necessary," emailed DiPalma: "We cannot wait for the federal government to reinstate net neutrality. Should the FCC or Congress act, then the federal level action would supersede our state action."

Inmate calling services rates would be cut, video relay service compensation rates extended through the end of 2021, extensions for providers to implement caller ID authentication requirements could be shortened, and smaller providers would receive regulatory relief if all items on the tentative agenda for the FCC's May 20 meeting are approved (see 2104280073). Drafts are expected to be released Thursday, said a spokesperson.

The FCC "overstepped a bit" on the role that state and local governments play in pole attachments, said Public Knowledge Director-Government Affairs Greg Guice during a Schools, Health & Libraries Broadband Coalition webinar Wednesday. FCC policies have "made it easier for contractors, oftentimes less qualified contractors, to do some of these attachments and put at risk the reliability of broadband lines that are being attached." Recent rules and legislation left local officials confused and undermine community initiatives, said Corian Zacher, Next Century Cities policy counsel-state and local initiatives. "The FCC and an increasing number of states have enacted rules and legislation that treat these communities as homogenous, without allowing local officials a meaningful opportunity to contribute to that decision-making process." The cost of deployment and last-mile installation could be drastically reduced if pole location was made publicly available on a "surgical map," she said. Attachment agreements are a big challenges, said Merit Vice President-Strategy and Research Bob Stovall. "We've had cases where it's taken over two years to just get an attachment agreement, and you can’t even start to get permits until you get your agreements." Pole owners' construction standards should be reasonable and based on "genuine safety and engineering rationale," said Crown Castle Managing Counsel-Utility Relations Rebecca Hussey. "If a pole is in good condition … there's no reason that the pole has to be replaced just because there's a standard that says so."

The success of the FCC's $3.2 billion emergency broadband benefit program will "largely depend on educating consumers" about the temporary discount, said Wiley Rein's Edgar Class during an FCBA event Wednesday. Consumers eligible for the Lifeline program should consider applying for that first because all Lifeline subscribers are automatically EBB eligible, Class said. Charter Vice President-Regulatory Affairs Christine Sanquist said trusted community leaders will have to play a key role in outreach efforts. State and local officials should also take advantage of the FCC's forthcoming digital toolkit to promote the program through local channels, said AT&T Director-Federal Regulatory Anisa Green. Community organizers and local leaders are "ready to hit the ground running," said Olivia Wein, National Consumer Law Center attorney. Figuring out how this program operates "will really inform program design moving forward," Wein said. "The last year has shown the importance of" broadband for telehealth and education, said NTCA Vice President-Policy Josh Seidemann.

The enrollment process for the FCC's $3.2 billion emergency broadband benefit program is "expected to begin soon," said Consumer and Governmental Affairs Bureau Associate Chief Ed Bartholme, during an agency webinar Tuesday. The EBB program is "large, and there are many moving parts," said CGB Chief Patrick Webre. Jaymie Gustafson, Universal Service Administrative Co. outreach director, demoed the online enrollment process. FCC staff fielded audience-submitted questions about eligibility and how to apply. Some participating providers may use an alternative method for verifying household eligibility, said Jessica Campbell, Wireline Bureau attorney-adviser for the Telecommunications Access Policy Division, so "check with the provider first." Wireline Bureau staff urged eligible service providers to participate in the program so consumers in their area can sign up for the benefit. "We're still continuing to accept and review provider applications," Campbell said. The application flow is "the same for the Lifeline and EBB programs," Gustafson said. A forthcoming outreach toolkit, which includes social media and printable content, will be available to advocacy groups and officials interested in promoting the program to their communities, said CGB Consumer Affairs and Outreach Division Chief Lyle Ishida. Materials will be available in at least a dozen languages and accessibility formats, Ishida said.

Education advocates and industry groups disagreed whether the FCC should allow retroactive reimbursements and set technology standards for schools and libraries in the $7.1 billion Emergency Connectivity Fund (see 2104140041). Replies were due Friday in docket 21-93. Schools that "made the decision earlier on to invest in connectivity for remote learning" should be reimbursed for purchases since the pandemic's onset, said Incompas. AT&T said retroactive payments would put schools that couldn't afford that at the "back of the line," a view echoed by the Benton Institute for Broadband & Society. Prioritizing retroactive reimbursements would help "most likely more well-off schools and libraries," said ACA Connects (see 2104120052): It "should only be allowed for eligible purchases that have not been funded by any other source." USTelecom and NTCA agreed. Reject calls to allow ECF funding for self-provisioning, said Verizon: "Because self-provisioning requires large upfront expenditures, the schools receiving" that support "would consume a disproportionate share of the ECF and leave too little support for other schools." WTA agreed: This would lead to "substantial delays in the availability of eligible services that are needed immediately." Self-provisioned networks are the "most cost-effective" for students without residential broadband, said groups including New America’s Open Technology Institute, the National Digital Inclusion Alliance, Center for Rural Strategies and Public Knowledge. Avoid minimum service standards because "there is no consensus on the appropriate capacity needed for remote learning," said the Wireless ISP Association: "To narrow the fund’s scope to include only those services offering certain broadband speeds could have the unintended consequence of penalizing students who live in areas" with slower speeds. NCTA and GCI Communication agreed. CTIA said questions about "adequacy of mobile broadband for remote learning are unsupported by the record and flatly contrary to the experience of millions of students during the pandemic." The Competitive Carriers Association, T-Mobile and UScellular said similar. Defining "connected device" should be done in a "flexible, technologically neutral way," said Apple.