Several industry groups, state officials and organizations raised concerns about a pending request for the FCC to grant a brief amnesty period for Rural Digital Opportunity Fund Phase I auction and Connect America Fund Phase II auction support recipients that are unable to fulfill their deployment obligations (see 2403060031). Groups urged the FCC in comments posted Wednesday in docket 19-126 to ensure providers that relinquish locations be prohibited from seeking support through NTIA's broadband, equity, access and deployment program for the same locations.
ACA Connects asked the FCC to grant smaller providers additional time to comply with certain requirements in its proposed rules reclassifying broadband as a Communications Act Title II telecom service. During a meeting with an aide to Commissioner Geoffrey Starks, the group sought six months for smaller providers "to analyze the impact" of Title II and any new net neutrality rules, "as well as assess the interaction of Title II and the digital discrimination rules and state requirements." In a separate letter to the commission, CTIA and USTelecom asked the FCC to classify domain name systems (DNS) and caching as information services under the Communications Act. DNS and caching "remain integral parts of providers’ BIAS offerings, making those offerings information services under the Communications Act," the groups said.
Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
Utility companies and some industry groups urged the FCC to maintain its current rules for pole attachment application processes, noting the commission recently adopted new rules to help facilitate the process to expedite and streamline broadband deployment. Some ISPs said process delays remain and backed FCC-established timelines for larger pole attachment orders. Reply comments were posted Thursday in docket 17-84 (see 2402140048).
FCC commissioners voted 3-2 Thursday, over dissents by Brendan Carr and Nathan Simington, to approve the agency's Telecom Act Section 706 report to Congress. The report concluded that broadband isn't deployed in a "reasonable and timely fashion," with about 24 million Americans lacking access to speeds of at least 100/20 Mbps. The two Republicans also dissented at the commissioners' open meeting on a proposed requirement that cable and satellite TV multichannel programming distributors display prominently the aggregate cost of video programming in ads and customer bills.
Proposed conclusions in the draft of the FCC's annual report to Congress about the state of broadband deployment and competition raised eyebrows among industry groups, with some calling for the commission to consider additional data. The FCC also defended proposing higher broadband speed goals in the draft report. Commissioners will consider the item, required by Section 706 of the Telecom Act, Thursday during their open meeting (see 2402220059).
Pay-TV industry interests are pushing the FCC for more time to implement "all-in" video pricing disclosure rules. FCC commissioners will vote on the proposed rules at Thursday's open meeting (see 2402210057). MVPD interests are lobbying on implementation timelines, according to docket 23-203 filings Friday. DirecTV said it would need more time and asked for at least a 12-month deadline or maintenance of the current nine-month deadline for all-in disclosures in advertisements but allowing an additional six months for customer bills. It said solely regulating cable and satellite TV hurts their competitiveness with online services. At least give operators a 12-month window for compliance, ACA Connects told aides to Commissioners Geoffrey Starks and Anna Gomez. It said changing customer bills "is a complex undertaking that can involve many sequential steps," especially if the providers use third-party software platforms. Pricing requirements won't address the "underlying dysfunction" in the video marketplace, and urged the FCC against adoption. Pointing to arguments that the rules just apply to cable and direct broadcast satellite, One Ministries said virtual MVPDs should be regulated along with MVPDs. Without it, virtual MVPDs "will continue to discriminate against local 'mom and pop' independent TV stations by not carrying them and only carrying the major network TV stations in the various TV markets," it said.
ACA Connects "will take a serious look" at challenging the FCC's "all-in" video pricing rules, which are set for a vote during the commissioners' March 14 open meeting (see 2402210057), ACA President Grant Spellmeyer said. Commissioner Geoffrey Starks in an address Wednesday at the ACA Connects policy summit (see 2403060005) mentioned the all-in pricing draft order, saying it would curb the “indecipherable asterisks and fine print” that make comparison shopping difficult. Starks said the order is consistent with the TV Viewer Protection Act, which requires that MVPDs disclose the all-in price at the point of sale and within 24 hours of sign-up and let customers cancel without penalty. The item is part of a larger agenda with broad support against junk fees and favors greater transparency for consumers, said Best Best's Cheryl Leanza. She noted the Ticket Act (HR-3950), requiring greater transparency in prices for event tickets, and the No Hidden Fees Act, (HR-6543), which prompts greater transparency in hotel and motel costs. Leanza represented local government clients in the proceeding. Cable and satellite TV promotional materials and bills would prominently display an all-in price that covers programming-related costs, including broadcast retransmission consent fees and regional sports programming charges, under the draft order. The requirement would be only for ads where price is mentioned, according to the draft. Operators would have nine months to comply after the approved order is released. In advertising for bundled services, providers should have the option to either provide the full price of the bundle, including video fees, or separately list the bundle's all-in video portion, NCTA told aides to the five FCC commissioners and FCC Media Bureau staffers, according to a docket 23-203 filing Thursday. NCTA urged that franchise fees and public, educational and government programming fees be excluded from the all-in pricing. It also urged that the commission to give providers a year to implement the all-in rules. Joining NCTA in the meetings were representatives of Comcast, Charter Communications and Cox. In meetings with aides to Chairwoman Jessica Rosenworcel and Commissioners Anna Gomez and Geoffrey Starks, Verizon reiterated its argument for exempting legacy plans no longer marketed or offered to consumers from the all-in pricing rule (see 2308010028). Pointing to existing federal transparency requirements as well as market forces, state cable associations said in a docket filing this week that the proposed all-in rules "rest on unsound legal footing, are unnecessary, and would produce results contrary to the Commission’s goals." Behind the filing were the Florida Internet & Television Association, Missouri Internet & Television Association, Ohio Cable Telecommunications Association and Texas Cable Association.
Former Rep. Brad Carson, D-Okla., and Eric Gastfriend, DynamiCare Health co-founder, formally launch Americans for Responsible Innovation advocacy group focused on emerging technologies including AI, with Carson as president; Gastfriend as executive director; Douglass Calidas, ex-office of Sen. Amy Klobuchar, D-Minn., as senior vice president-government affairs; Canoe Collective’s Kristina Banks as chief operating officer consultant; and Sanice Arrington, also Canoe Collective, as human resources manager … C-SPAN announces departures of co-CEOs Rob Kennedy and Susan Swain this year, with Kennedy, also chief financial officer, retiring in May and Swain’s departure date not determined; network names Vice President Matt Deprey to replace Kennedy as CFO …
Many small and mid-sized internet service providers (ISP) have doubts that they will participate widely if at all in the broadband equity, access and deployment (BEAD) program. At ACA Connects' annual summit Wednesday in Washington, President Grant Spellmeyer said members are concerned "about where BEAD is headed" on project requirements and conditions. "Places like Pennsylvania have got some troubling provisions that are slowing members down," he said. "I think you're going to see wildly disparate results across the 50 states." One ISP that operates in multiple states told us it's leaning away from participating in the states with particularly onerous conditions.