The U.S. Supreme Court might opt to avoid likely fights over the FCC's digital discrimination rules or proposed Title II net neutrality rules, Andrew Schwartzman, Benton Institute for Broadband & Society's senior counselor, told Communications Daily this month. In an extensive sit-down interview, Schwartzman spoke about his long career as a public interest advocate within telecommunications, evolution of that domain, and how the FCC's net neutrality regulatory push is not merely a repeat of the past. The following transcript of our conversation was edited for length and clarity.
The California Public Utilities Commission should reject a proposed change to NTIA’s broadband, equity, access and deployment (BEAD) model rules that would affect how the state treats licensed fixed wireless (LFW) services, wireless industry groups said this week. The CPUC released comments Tuesday on volumes one and two of draft BEAD initial proposals (docket R.23-02-016). AT&T, CTIA and California’s cable association urged the commission to reject a cheap broadband requirement proposed in case Congress doesn’t renew the affordable connectivity program (ACP).
Smith Bagley Inc. (SBi), which serves tribal lands in the Four Corners region of the U.S., called for a tribal 5G Fund of at least $2.5 billion. Reply comments as the FCC considers a proposed 5G Fund (see 2310240046) were due Tuesday in docket 20-32. Other comments urged the FCC to move forward on a fund.
Golden State Connect Authority challenged many AT&T applications for last-mile support from the California Public Utilities Commission’s federal funding account (FFA). AT&T seeks to upgrade current infrastructure with public funds without expanding broadband service, the authority’s general counsel, Arthur Wylene, said in a letter about a San Luis, California, project that was similar to 49 other letters he sent to the CPUC Monday. “Additionally, in examination of the sheer number of projects proposed by AT&T statewide and commensurate funding requests, the cumulative request by AT&T for all its projects statewide indicates that the applicant will not have the financial, technical, or operational capacity to complete all the proposed projects within the timeframe required by the Last Mile FFA grant program.” Also, Wylene raised concerns with AT&T proposing aerial installations in areas of the state with elevated wildfire risk. The carrier should lose points for not proposing any partnerships with local governments, nonprofits or tribes, he said. In one of the letters, Wylene added that an AT&T project proposed for Nevada County completely overlapped an area where Race Communications received a grant to deploy last-mile fiber. AT&T “submitted applications that align with the CPUC FFA Guidelines, make efficient use of existing infrastructure, and speed deployment of robust broadband service to Californians as quickly and efficiently as possible," said a company spokesperson: The carrier is working with state, local and tribal governments to increase access to affordable broadband across the state.
DOJ should publicly release unclassified documents about the “Hemisphere” phone surveillance program, which lets agencies surveil “trillions of U.S. phone records,” often without warrant, Sen. Ron Wyden, D-Ore., wrote Attorney General Merrick Garland on Monday. Wyden cited public records showing the White House Office of National Drug Control Policy “indirectly pays AT&T to allow any federal, state, local or Tribal law enforcement agency to search AT&T customers’ phone records as far back as 1987.” DOJ has marked unclassified documents related to the program as “law enforcement sensitive,” he said. “I have serious concerns about the legality of this surveillance program, and the materials provided by the DOJ contain troubling information that would justifiably outrage many Americans and other members of Congress.” DOJ confirmed receiving the letter but declined comment.
The FCC’s August public notice on spectrum access in tribal and native Hawaiian areas is part of the agency’s broader focus on closing the digital divide, Wireless Bureau Deputy Chief Susan Mort said during an FCC webinar Thursday. Mort said she realized timing was tight on responding to the notice, with comments due Nov. 30 (see 2308040039). “To assess current and future policy efforts in furtherance of this goal, we kind of need to know what the current lay of the land is,” she said. The FCC collects some information through its licensing forms but wants to improve its understanding of how tribes may be accessing spectrum, including through leasing or by using unlicensed or lightly licensed bands, she said. “We do not currently have specific, granular answers that help us … to better identify and/or track tribal or native applications,” she said. Once the FCC decides what categories it might be able to add to licensing forms, “then there are both legal and technical steps that we must undertake,” Mort said. Clearance is faster if the FCC adds to existing questions rather than posing completely new questions, she said. “We do have to run those traps,” she said: “We’d like to move … forward as quickly as we can." No comments were filed so far in the docket on the inquiry, 23-265. “We want to be as comprehensive as we can be without being confusing,” Mort said.
To facilitate wider adoption of school bus Wi-Fi in 2024, the FCC needs to clarify E-rate eligibility issues before year's end, Schools, Health and Libraries Broadband Coalition Executive Director John Windhausen said Wednesday during an SHLB webinar. A divided FCC last month approved a declaratory ruling 3-2 clarifying that the use of Wi-Fi on school buses is eligible for E-rate funding (see 2310190056). Comments are due Nov. 30 about the addition of services and equipment needed to use Wi-Fi service on school buses, the Wireline Bureau ordered. With the agency's declaratory ruling, legislation from Congress about bus eligibility issues is unlikely to be forthcoming, said Jeff Lopez, senior policy adviser for Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M. Lopez said past bus eligibility bills faced pushback from questions about USF's limited resources. He said the USF working group started by Lujan and others (see 2305110066) is focused on broader revisions to the program. Farmington (New Mexico) Municipal Schools Supervisor Billy Huish said its adoption of bus Wi-Fi "was kind of a no-brainer" because all students have a take-home electronic device and often face rides of 90 minutes to two hours each way. He said there aren’t gaps in connectivity coverage, though buses going to tribal lands require installation of dual wireless carriers, with coverage toggling depending on which has a stronger signal. The costs the FCC cited in the declaratory ruling -- $1,840 per bus per year -- are "pretty close to what we're paying," Huish said. The typical bus setup involves a cellular modem, which converts LTE or 5G signals into Wi-Fi, and an antenna, with the system wired into the vehicle's power supply, said Ben Weintraub, CEO of Kajeet, a school bus Wi-Fi provider.
The Biden administration released its long-awaited national spectrum strategy and a presidential memorandum on modernizing U.S. spectrum policy at a White House ceremony Monday. The plan identifies the 3.1-3.45, 5.03-5.091, 7.125-8.4, 18.1-18.6 and 37.0-37.6 GHz bands for further study by NTIA over the next two years for potential repurposing (see 2311130007). But the plan omits other bands thought to be in the federal cross-hairs. FCC Commissioner Brendan Carr slammed the strategy.
Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and two other Democratic senators praised NTIA Friday for issuing a conditional waiver of the broadband, equity, access and deployment program's letter of credit requirement (see 2311010040). Lujan and the other two senators, Martin Heinrich of New Mexico and Peter Welch of Vermont, previously wrote Commerce Secretary Gina Raimondo and NTIA Administrator Alan Davidson urging them to consider alternatives to the LOC requirement for BEAD participation. “I'm glad that” Davidson “heeded our call to allow Tribal entities, municipalities, credit unions, and smaller broadband providers to fully participate in connecting families in New Mexico and across the country,” Lujan said: “This waiver authority relies on tested tools to ensure broadband providers are able to complete the work while also providing flexibility to better connect New Mexicans.”
NTIA released a conditional waiver of the broadband, equity, access and deployment program's letter of credit requirement Wednesday. More than 300 groups in September urged the agency to remove the requirement, citing potential limitations on small providers' participation (see 2309060022).