Broadband experts raised concerns about the affordability requirements for middle-income households through NTIA's broadband, equity, access and deployment program, speaking during an American Enterprise Institute event Monday. Some said imposing pricing requirements and the FCC's efforts to reclassify broadband as a Title II service could hurt the BEAD program's deployment goals (see 2309280084).

The California Public Utilities Commission would reject cable industry calls to limit support from the state’s $750 million broadband loan loss reserve fund (BLLRF) program to unserved areas, under a proposed decision posted Thursday (docket R.23-02-016). Rural counties praised the proposal, which the CPUC said it may vote on at the agency’s Nov. 2 meeting.

Of the items teed up for a vote at the FCC’s Oct. 19 meeting, changes to rules for the 6 GHz band have gotten the most attention since Chairwoman Jessica Rosenworcel announced the meeting agenda Wednesday. The FCC released drafts Thursday for all the items at what will be the first meeting with new Commissioner Anna Gomez and the first 3-2 Democratic majority during the Biden administration. Among other items also on tap are Wi-Fi on school buses, improving maternal care, changes to wireless emergency alerts, video programming for the blind and visually impaired, and universal service in Alaska.

The FCC's draft NPRM that would kick off the agency's efforts to reestablish net neutrality rules largely mirrored the commission's 2015 order, according to our analysis of the draft. Commissioners will consider the item during an October open meeting that will include a full commission for the first time under Chairwoman Jessica Rosenworcel despite a potential government shutdown (see 2309270056). Meanwhile, FCC Commissioner Nathan Simington said the FCC’s net neutrality push is not about protecting free speech but about protecting some tech companies.

E-rate groups, industry and state officials welcomed the FCC's proposals to expand access to the program and streamline its requirements, in comments posted Tuesday in docket 02-6. Commissioners adopted the Further NPRM in July as part of an order expanding access to E-rate for tribal libraries (see 2307200041). Some sought more guidance on certain rules and more flexibility for applicants seeking category two support.

The Kentucky 911 Services Board can’t use “semantics” to dodge federal preemption of a state law that required Lifeline providers rather than users to pay a 70 cents 911 surcharge on monthly bills, CTIA told the U.S. District Court for Eastern Kentucky. CTIA urged the court to support its summary judgment motion in a reply Friday (case 3:2020-cv-00043). The state 911 board argued earlier this month that the fee doesn’t thwart universal service (see 2309050068). "On its face, [the Kentucy law] prohibits Lifeline providers from using Lifeline funds to pay the $0.70 per Lifeline end user 911 fee ... thus technically avoiding a direct diversion of federal universal service funds to the state 911 fund,” said CTIA. “However, by increasing the cost of providing Lifeline service to each and every Lifeline end user in Kentucky,” the law’s 911 fee “stands as an obstacle” to federal universal service goals in sections 151, 254 and 1510 of the Communications Act. By imposing the 911 fee on Lifeline providers, the state law “uses semantics to try to get around the express preemption” of Section 1510(c)(1), said CTIA. The state also tries using words to evade “express preemption” of Section 254(e) by prohibiting use of Lifeline funds to pay the 911 fee, but that makes it “impossible” for a company to solely provide free Lifeline services without violating state or federal law, the association said. CTIA also said the law "violates the Equal Protection Clause, the Takings Clause and due process by treating wireless carriers differently: Lifeline providers pay the 911 fee; other wireless carriers do not.” The U.S. signaled it might intervene in the case (see 2309210018).

The FCC added a section on cybersecurity and supply chain risk management to the final Further NPRM on a 5G Fund. That was the biggest change from the draft, based on a side-by-side comparison. Commissioner Geoffrey Starks highlighted the additional security questions when the FNPRM was approved by commissioners last week (see 2309210035). The FCC also released comment deadlines -- Oct 23, for initial comments, Nov. 21 for replies. The FCC is seeking comment on “whether to require 5G Fund support recipients to implement cybersecurity and supply chain risk management plans as a condition of receiving … support,” the notice said. It notes a similar requirement in the FCC’s enhanced alternative connect America cost model order (see 2307240064). The FNPRM now asks about requiring submission of plans that reflect the latest version of the National Institute of Standards and Technology “Framework for Improving Critical Infrastructure Cybersecurity, and that reflects an established set of cybersecurity best practices, such as the standards and controls” established by the Cybersecurity & Infrastructure Security Agency or the Center for Internet Security. “Would it be appropriate for 5G Fund recipients to submit to [Universal Service Administrative Co.] their updated cybersecurity and supply chain risk management plans within 30 days of making a substantive modification thereto, as Enhanced A-CAM recipients must?” the FNPRM asks: “What are the differences (if any) between 5G Fund recipients and Enhanced A-CAM recipients that might warrant different approaches to ensuring cybersecurity?” The FNPRM was in Monday’s “Daily Digest.”

House Communications Subcommittee Chairman Bob Latta, R-Ohio, and ranking member Doris Matsui, D-Calif., said during a Thursday hearing they’re signing on to the USF working group that Senate Communications Subcommittee leaders formed in May to evaluate how to move forward on a comprehensive revamp of the program that may update its contribution factor to include non-wireline entities (see 2305110066). The Thursday hearing largely focused on USF revamp and possible integration of the affordable connectivity program, as expected (see 2309120059).

The FCC approved a Further NPRM on launching a 5G Fund, as expected (see 2309200048). Chairwoman Jessica Rosenworcel noted that because of improved data the agency now knows that 14 million homes and businesses in the U.S. don’t have mobile 5G coverage today. Commissioner Nathan Simington concurred at the FCC's Thursday open meeting, complaining about how the FNPRM proposes to allocate funding.

Judges on the 5th U.S. Circuit Court of Appeals questioned the FCC on how the commission structures its Universal Service Fund and oversees the role the Universal Service Administrative Co. plays in determining quarterly contribution factors during an en banc hearing Tuesday. Some pressed Consumers' Research on how the private nondelegation doctrine applied to its challenge of the Q1 2022 USF contribution factor (see 2309010060).