Gabriella Novello

Homes that enroll in the FCC’s $3.2 billion emergency broadband benefit program could be forced to discontinue their services if the commission fails to take additional action (see 2102260058), advocates said in interviews. Some suggested now is the time to consider how to update Lifeline before money runs out.

Providers are gearing up to offer discounted services through the FCC emergency broadband benefit program. The $3.2 billion program is expected to help millions of low-income consumers and those hit hardest by the pandemic (see 2102260058).

Employ an independent body to "determine the metrics, measurement methodology, and performance criteria" for IP captioned telephone services, commented deaf and hard of hearing advocates last week in docket 13-24 on the FCC proposal to amend minimum performance standards (see 2101290025). Commenters included the Hearing Loss Association of America, Telecommunications for the Deaf and Hard of Hearing, National Association of the Deaf and National Black Deaf Advocates. An American National Standard Institute-accredited standards organization has due process, notification of standards development, and no "dominance by any single interest category," the groups said. Standards should "meaningfully assess whether service providers are delivering functional equivalency and avoid unintentionally establishing the wrong types of provider incentives," said the Clear2Connect Coalition of disability and veterans service organizations. CaptionCall, ClearCaptions, Hamilton Relay, InnoCaption, T-Mobile and CapTel submitted a copy of an industry request for proposal to have an independent third party "test participating providers and validate methods of measuring IP CTS quality metrics." Procedures should be flexible so they "incentivize, not hinder, technological improvements," the providers said. InnoCaption urged encouraging providers to meet a minimum speed for calls using automatic speech recognition: "A requirement would run counter to the FCC’s statutory directives to ensure technological neutrality and functional equivalence."

Reject Peerless Network's lone opposition to USTelecom's petition for reconsideration of the FCC 8YY access charge order, providers replied, posted Tuesday in docket 18-156 (see 2102010071). Peerless urged, "Reset the rates for 8YY originating switched access to the regime and levels that pre-existed." Peerless' opposition "exceeds the scope" of what's allowed in oppositions, with no "substantive basis" for denying the petition, said USTelecom, which Lumen and Consolidated Communications echoed. "The vast majority of the Peerless opposition serves not so much as a rebuttal to the narrow USTelecom petition but as a petition for reconsideration in its own right of the entire order," USTelecom argued. Frontier said Peerless "fails in any way to actually address (much less meaningfully counter) the issues raised in USTelecom’s petition." Peerless didn't comment.

Historically Black colleges and universities want the FCC to do more to address the digital divide for their students and surrounding communities that have been hit hard by COVID-19. Some advocate a partnership between federal agencies and HBCUs to ensure students and their communities are accurately represented as the FCC works to improve its broadband data maps.

The FCC released rules for the $3.2 billion emergency broadband benefit program Friday. The order adopted several recommendations that commissioners sought, including a uniform start date for participating providers and a streamlined approval process for noneligible telecom carriers (ETCs). Commissioners unanimously voted to approve the rules Thursday (see 2102250066). Commissioner Brendan Carr's statement Friday showed he voted to approve in part and concur in part.

Industry groups clashed with consumer advocates and wireless providers whether E-rate should be used for self-provisioning services to students, in replies posted Wednesday in docket 21-31 on a Schools, Health & Libraries Broadband Coalition's petition to temporarily support remote learning (see 2101260055). That would raise "practical, financial, and legal issues that are too complex," and funding should be used to support existing services, said Verizon. USTelecom, NTCA and NCTA agreed. ACA Connects said its members "readily install wireline service within days of getting an order," and it "exceeds the performance of mobile wireless service." A coalition of advocacy groups, including New America, Public Knowledge, Consumers Reports, Common Sense, Benton Institute for Broadband & Society and Access Humboldt, disagreed: Verizon's argument is "self-serving" and "willfully ignores the Herculean efforts many school districts have already undertaken" to connect students during the pandemic. Schools should be given the flexibility to "use hybrid approaches tailored to local circumstances," like fixed wireless services that "authenticate students directly to the school's network," the groups said. Approve the use of fixed wireless services because they can be deployed "very quickly," the Wireless ISP Association urged. Incompas agreed: Allow "hotspots, mobile wireless towers, or equipment that can reasonably be expected to support remote learning." UScellular and the National School Boards Association echoed that. "Setting aside support for any technology should be rejected in favor of permitting people to choose services that best suit their educational needs," said UScellular. Allow E-rate funds to be used for remote learning beyond the pandemic because "not all students will be able to reenter the classroom when doors reopen on day one," said Zoom.

Maryland lawmakers heard testimony on a revived net neutrality bill, a day after a California law was tentatively upheld by a judge (see 2102230074). Maryland HB-1064 would prohibit fixed ISPs from blocking content, ensure that state funds can be used to contract only ISPs that comply with net neutrality rules, and block governments that provide broadband service from use restrictions that prohibit free speech. The Maryland House Economic Matters Committee heard testimony Wednesday on Del. Kirill Reznik's bill. A Democrat, Reznik expects the committee to consider designating broadband service as a regulated utility later in the legislative session. The consumer protection division of the state attorney general’s office expressed “strong support” for the bill. “If you were to allow ISPs to make it more difficult for people to use the internet for their basic needs, then that would only exacerbate the digital divide,” testified Deputy Chief Steve Sakamoto-Wengel. But the internet “did not break” after the COVID-19 pandemic hit because “companies like Comcast, Verizon and AT&T invested hundreds of millions of dollars,” said Sean Looney, Comcast vice president-state government affairs. “Legislation like this discourages investment,” he said. “If you want to make sure that people have access to the internet, don’t pass a piece of legislation like this.” Looney said Comcast supports federal legislation to “stop this regulatory pendulum” of individual states passing their own versions of net neutrality. Del. Lorig Charkoudian (D) pressed Looney on why Comcast opposed the FCC 2015 net neutrality order, saying his comment appeared “inconsistent with my understanding of Comcast’s position.”

Let E-rate funds be used for remote learning, providers, industry and advocacy groups told the FCC in comments posted Wednesday in docket 21-31 on a petition led by the Schools, Health & Libraries Broadband Coalition (see 2101260055). Granting this petition would “further the public interest by meeting pressing educational needs, and do so without jeopardizing public health, ” said Amazon, echoed by Microsoft and Apple. The homework gap has “grown into a remote learning gulf,” said Microsoft. Wireless internet access should also play a "critical role" in connecting students, as weekly wireless data use increased nearly 30% since July, said the Competitive Carriers Association, which CTIA echoed. The temporary request should be “administratively and financially separate from the traditional E-rate program,” because it would “likely substantially increase the amount of funding,” said AT&T. Consider a “supplemental application window” to support off-campus E-rate support, Verizon suggested. Speed is essential, and rules should be simplified for schools interested in applying E-rate funds for off-campus use, said USTelecom, which NCTA echoed. Allow flexibility in how E-rate funds are used to meet the needs of schools and students, said New America, Public Knowledge, Consumer Reports, the Benton Institute for Broadband & Society and Access Humboldt. "Declare that so long as remote learning connections and services are used primarily for educational purposes, cost allocation is unnecessary during the pandemic emergency and through the end of the 2021 E-Rate fiscal year." Existing mechanisms "afford the commission the ability to address this extraordinary need created by the pandemic," said ACA Connects.

More stakeholders want acting FCC Chairwoman Jessica Rosenworcel to begin moving forward on USF funding revisions (see 2102010059). The current mechanism is unsustainable, experts said in recent interviews. Many disagree on changes.