In a key early test of the FCC’s ability to wrap up big items in a coronavirus world, commissioners are expected to vote in April to allow Wi-Fi to share the 6 GHz band (see 2003050058). The Office of Engineering and Technology hadn’t completed work on the order before FCC staff was ordered to telework last week, but most industry and FCC officials said they still expect the order to be ready for a vote at the April 23 meeting, though questions remain difficult.
President Donald Trump’s administration is partnering with the Ad Council, broadcasters and digital platforms to air public service announcements to urge social distancing and personal hygiene practices in response to the COVID-19 pandemic. FCC Chairman Ajit Pai has urged broadcasters to air PSAs featuring celebrities plugging social distancing (see 2003170068). Pai has also urged broadcasters to work with MVPDs to avoid retransmission consent-related service disruptions during the next 60 days, something that has support from some broadcasters and MVPDs (see 2003180036). Surgeon General Jerome Adams, National Institute of Allergy and Infectious Diseases Director Anthony Fauci, White House Coronavirus Response Coordinator Debbie Birx and first lady Melania Trump will appear in the PSAs, the White House said Wednesday. ABC, iHeartMedia, NBCUniversal and ViacomCBS will be running PSAs coordinated with the Center for Disease Control and Prevention and Department of Health and Human Services, the White House said.
Inteliquent wants the FCC Wireline Bureau to assure the company it won't fall under access stimulation rules for terminating high-volume incoming traffic "to support a massive surge in demand for conference calling services as the American people move en masse from work in the office to remote work during the COVID-19 pandemic," it petitioned, posted Wednesday in docket 18-155. It seeks waiver through June 1 and at 60-day intervals "as events warrant."
The FCC should require wireless carriers to lift data caps and drop data overage charges on wireless plans due to the novel coronavirus, NARUC President Brandon Presley said Wednesday. Telecom companies should “work proactively with communities to ensure that students left out of school are not left behind academically.” The COVID-19 pandemic “heightened attention to the digital divide that exists in many communities,” he said. Presley praised NARUC members for acting to stop service disconnections (see 2003170005, 2003160035 and 2003130065). FCC Chairman Ajit Pai “has already exhorted companies with low-income broadband programs like Connect2Compete to expand and improve them (for example, by increasing speeds to 25/3 Mbps and expanding eligibility) and those without to adopt such programs,” a spokesperson emailed. “He also called on broadband providers to relax their data cap policies in appropriate circumstances, on telephone carriers to waive long-distance and overage fees in appropriate circumstances, on those that serve schools and libraries to work with them on remote learning opportunities, and on all network operators to prioritize the connectivity needs of hospitals and healthcare providers.” Presley and fellow Mississippi Public Service Commission members separately urged unlimited mobile and satellite data in a Tuesday letter to the Satellite Broadcasting and Communications Association, and in an identical letter that day to CTIA. The wireless industry is “focused on keeping Americans connected, and our members have taken significant and innovative steps to meet that challenge," said CTIA Senior Vice President-External and State Affairs Jamie Hastings. SBCA didn’t comment.
The FCC Wireline Bureau waived gift rules through Sept. 30 for the E-rate and Rural Health Care programs to help schools, libraries and healthcare providers better respond to COVID-19 outbreaks, in an order Wednesday on docket 02-60 (see 2003180048). Waivers in the healthcare program are limited to providers involved in screening and treatment of COVID-19 or mitigating its spread, the order said. The E-rate waiver is limited to eligible entities adjusting to school or library closures due to COVID-19, regardless of the USF program's funding year. The FCC will monitor whether extensions are needed. “By waiving certain FCC rules today, we are giving service providers the chance to step up and give health care providers more tools to fight the ongoing pandemic and serve patients more effectively," Chairman Ajit Pai said. He encouraged "service providers and equipment makers to partner with schools and libraries to provide mobile hotspots and other broadband-enabled devices to students to help bridge the digital divide during the coronavirus pandemic." Such efforts could complement the agency's work with Congress to appropriate funds for a remote learning initiative and a COVID connected care pilot, Pai said, adding such programs would allow the agency to use federal funds to support in-home equipment for patients and students affected by the pandemic. The agency's Connected Care pilot remains in the rulemaking stage, and it sought comment on whether the program should subsidize patient monitoring equipment and broadband to the home (see 1906190013). Commissioner Jessica Rosenworcel called the gift waivers a smart step. "But let’s not confuse generosity for justice," she said. "We need a national plan to ensure that everyone is connected during these unprecedented days." She wants the FCC to use its "universal service powers" to provide hotspot loans to students caught in the homework gap, and connectivity for telehealth services to support treating coronavirus patients and those quarantined. Stakeholders for USF programs supporting anchor institutions expect a spike in telehealth (see 2003060036) and online learning (see 2003170014) this year. The Schools, Health & Libraries Broadband Coalition asked the FCC to waive the gift rules, in a letter Tuesday (see 2003170014). The gift ban was in place to prevent undue influence in the competitive bidding process, SHLB Executive Director John Windhausen told us. SHLB views this as "a timely step,” he emailed Wednesday. “The coronavirus is putting online learning and telemedicine in high demand ... We hope the FCC will continue to be proactive.”
The telecom and other high tech communities continued to respond to COVID-19 with telework and cancellation and postponement of events, or moving them virtual.
Regulatory reviews of mergers and acquisitions aren't expected to face major COVID-19-related slowdowns despite FTC suspension of early terminations (see 2003130075) or DOJ Antitrust Division announcing it will seek extra time to complete its review work and leaving the door open to extending that timeline further, experts told us. Few deals necessitate second information requests by DOJ and that extra time won't materially change how transactions play out, said Holland & Knight antitrust lawyer David Kully, former chief of the DOJ radio and TV M&A section.
Senate leaders looked ahead Wednesday to plans for a third funding package aimed at economic losses and a possible recession caused by the COVID-19 pandemic. The chamber approved the House-passed Families First Coronavirus Response Act (HR-6201) on a 90-8 vote, sending it to President Donald Trump for signature. Senate Minority Leader Chuck Schumer, D-N.Y., continued his push for any additional funding legislation to also address pandemic-related infrastructure issues, including broadband capacity and distance learning resources (see 2003170014).
Keeping 911 call takers safe is critical to maintaining emergency call systems during the U.S. COVID-19 outbreak, said stakeholders in interviews this week. APCO, the National Emergency Number Association and National Association of State 911 Administrators (NASNA) leaders are less worried about a potential surge in calls as there might be in a hurricane. Wider deployment of next-generation 911 would give call takers and responders more flexibility, they said.
Some communications stakeholders are on board with calls to halt retransmission consent blackouts for the next 60 days during the COVID-19 pandemic. Tuesday, FCC Chairman Ajit Pai made such a request, and ACA Connects quickly endorsed it. NAB CEO Gordon Smith in Q&A with us Wednesday made a similar request and supported broadcasters doing their part. After he spoke, some cable operators made similar comments.