As the coronavirus pandemic heightens the need for ubiquitous broadband access, some want the FCC to hurry release of Rural Digital Opportunity Fund money. Possible measures include moving the auction date earlier than the proposed Oct. 22, or a quick review of RDOF applications deemed shovel-ready. Some small providers are concerned they won't have enough time to review available census blocks and make prudent bids due to scheduling conflicts stemming from COVID-19. They are seeking an auction delay. Consensus indicates neither an auction delay nor accelerated timetable is likely, we found in interviews this month.
There's no consensus whether mobile and fixed communications services are complementary or substitutes in docket 20-60 comments this week for the FCC's communications market competitiveness report to Congress. The agency got requests for further smoothing access to poles and rights of way for wireline broadband access.
More than 85% of Americans have access to fixed terrestrial broadband at speeds of 250/25 Mbps, said an FCC 2020 broadband deployment report Friday. The number of rural Americans with that access more than tripled from 2016 to 2018, it said. But Democratic commissioners and some consumer advocates question the findings that broadband is deployed in a reasonable and timely manner, saying the COVID-19 pandemic put the digital divide in stark relief.
Some want more clarity about the FCC's role regulating broadband, said comments posted through Tuesday. The agency asked to refresh dockets including 17-287, on how broadband service's reclassification as an information, not telecom, service affects authority over Lifeline, pole attachment agreements and public safety. Commenters disagreed whether the FCC should reconsider based on the public safety considerations.
President Donald Trump renewed his support Tuesday for efforts to include broadband funding in a fourth major COVID-19 legislative package, amid continued Capitol Hill interest in addressing broadband in future pandemic-related measures. The fortunes of broadband funding as part of future pandemic-related bills fluctuated in the weeks since Trump signed the Coronavirus Aid, Relief and Economic Security Act, the most recent aid bill (see 2003270058). Many tech and telecom entities listed proposals to include broadband funding in HR-748 and future aid legislation as one of the issues they lobbied the Hill on during Q1.
Disney, Huawei and ViacomCBS were among telecom and tech entities reporting increased Q1 lobbying spending by Monday afternoon. Microsoft, NAB and the Telecommunications Industry Association showed declines over the same period in 2019.
The telehealth industry fears the $200 million the FCC has available for emergency COVID-19 funding will quickly run out, before all forthcoming applications are considered. Stakeholders we spoke with this month are seeking additional funding, but called the funds included in the Coronavirus Aid, Relief, and Economic Security Act a good start. Reps. Anna Eshoo, D-Calif., and Don Young, R-Ala., proposed an additional $2 billion in such spending Friday via their Healthcare Broadband Expansion During COVID-19 Act (HR-6474).
NAB signed on to the push for Congress to include emergency funding for local media and stations in the next stimulus bill addressing COVID-19. Some Democrats and other groups made similar requests in recent days (see 2004080069). Officials from some pro-funding groups are hopeful Congress will provide in the coming measure, perhaps billions of dollars. Lobbyists we spoke with were divided on whether it will be a top priority.
Maine should respond by May 27 to the telecom industry seeking an immediate ruling that the state’s ISP privacy law is unconstitutional, the U.S. District Court of Maine said Tuesday in case 1:20-cv-00055. ACA Connects, USTelecom and other industry groups Monday filed a motion (in Pacer) for judgment on the pleadings. Maine Attorney General Aaron Frey’s (D) answer (see 2004030075) to the complaint “confirms that the material facts supporting these allegations are undisputed, the Court should enter judgment in Plaintiffs’ favor on the pleadings and declare the Statute unconstitutional, thereby barring Defendant from enforcing it against Plaintiffs and their members,” industry said. The court Monday set (in Pacer) an expected trial date of Nov. 3 and other deadlines, including discovery by Aug. 24 and all dispositive motions Sept. 14.
Citing the need for MVPDs and fixed broadband providers to focus on pandemic issues, an FCC Media Bureau order Friday delayed implementation of Television Viewer Protection Act truth-in-billing implementation by six months until Dec. 20. TVPA, enacted as part of an FY 2020 federal appropriations law (see 1912190068), included modified language from the Truth-in-Billing, Remedies and User Empowerment over Fees (True Fees) Act (HR-1220/S-510). "Their foremost obligation at this time is to ensure continuity of service adequate to meet the nation’s needs," instead of changes to existing billing systems, employee training or other compliance measures, the Media Bureau said. ACA Connects, NCTA and USTelecom sought delayed implementation (see 2003270030). ACA said Friday even without the COVID-19 pandemic, the required software upgrades were challenging. NCTA cheered the extra time. Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif., urged the FCC Friday to “vigorously enforce" the truth-in-billing language, which will require cable and satellite providers to begin disclosing all fees before consumers sign up for a service. It also requires providers to allow cancellations within 24 hours without penalty and to only charge subscribers for equipment “they actually use.” The FCC needs to confirm it “fully intends to enforce the new law,” Markey and Eshoo said in a letter to Chairman Ajit Pai. “We would also like to know what, if any, guidance the Commission intends to provide [MVPDs] about compliance.” The agency didn’t comment.