A draft FCC item on advanced telecom capability deployment is a notice of inquiry, a spokesman told us Friday. Chairman Ajit Pai in January withdrew a draft report on broadband-like ATC deployment under Telecom Act Section 706 (see 1701300058), which previous Chairman Tom Wheeler had circulated to conclude an inquiry begun in 2016. "It sounds like this is a reset, and they're basically going to skip a report," said an informed source.
One big question on net neutrality is whether Chairman Ajit Pai will have the votes he would need to approve rules based on Communications Act Section 706 authority after Title II is repealed. Commissioner Mike O’Rielly is seen as, at best, dubious about this and may not vote for the entire order. Commissioner Mignon Clyburn isn't expected to vote yes on any part of the eventual Pai proposal.
One big question on net neutrality is whether Chairman Ajit Pai will have the votes he would need to approve rules based on Communications Act Section 706 authority after Title II is repealed. Commissioner Mike O’Rielly is seen as, at best, dubious about this and may not vote for the entire order. Commissioner Mignon Clyburn isn't expected to vote yes on any part of the eventual Pai proposal.
Upstate New York Reps. Chris Collins, a Republican, and Brian Higgins, a Democrat, urged Homeland Security Secretary John Kelly and CBP Acting Commissioner Kevin McAleenan to implement procedures to reduce processing times at the northern U.S. border for commercial vehicles, Collins’ office said (here). Modernizing the collection of the port-of-entry user fee and requiring all empty trucks to report via e-manifest would reduce processing times, the lawmakers wrote in a letter to the officials (here). “Most people understand that congestion at international crossings, particularly truck congestion, is primarily due to Customs procedures,” Peace Bridge (N.Y.) Authority General Manager Ron Rienas said in a statement. “These common sense regulatory fixes should be implemented as soon as possible. Having Customs officers collecting cash and manually inputting manifest data does nothing to enhance national security.”
Lawmakers recently introduced the following trade-related bills:
An amendment (here) adopted into House Appropriations Committee-approved fiscal year 2018 funding legislation urges CBP to add ACE questions to track imported products certified as organic under Agriculture Department standards. The committee posted House Homeland Security Appropriations Subcommittee the manager’s amendment of Chairman John Carter, R-Texas, on July 20, after the full committee approved the amendment and the legislation July 18 (see 1707190034). Certified organic imports aren’t currently tracked, so the quantity and origin of imported organics aren’t known, the amendment says. Carter’s language also directs CBP to brief House appropriators within 120 days of enactment on a plan to develop an importer risk assessment in compliance with Trade Facilitation and Trade Enforcement Act Section 115.
Wireless Infrastructure Association President Jonathan Adelstein expects action this year aimed at speeding up wireless infrastructure siting. The FCC approved a wireless infrastructure NPRM 3-0 in April (see 1704200037) and a wireline rulemaking that day (see 1704200046). Comments are now in. Earlier, the FCC sought comment on a Mobilitie petition asking the agency to pre-empt state and local authority over rights of way (see 1703080011).
Reply comments in the two FCC infrastructure dockets, wireless 17-79 and wireline 17-84, demonstrate that deep divisions remain between industry and local governments with no détente in sight. Replies were due Monday in both dockets: 17-79 and 17-84. “Removing barriers to wireless broadband infrastructure -- small cells in particular -- is essential to maintain U.S. leadership in advanced wireless broadband services and to realize the numerous benefits that 4G densification and 5G offer,” said Verizon, the largest U.S. wireless carrier. “Government action to speed deployment will unlock transformative economic and social benefits -- from smart cities and access to education and healthcare to gains in productivity, sustainability, and public safety,” said comments filed in both dockets. The Wireless Internet Service Providers Association commented that the record "makes clear that the Commission has broad statutory authority to remove regulatory barriers to the deployment of fixed broadband networks, even if broadband Internet access service is restored to 'information service' classification" under Communications Act Title I. Google Fiber commented that there is "broad support" for a "one-time make-ready" pole-attachment process. But the U.S. Conference of Mayors' comments included joint resolutions calling on the FCC to: "preserve local zoning over cell towers and small cell sitings," "protect local police powers over rights-of-way and preservation of the right of a fair rental return on the use of public assets," expand the agency's Broadband Deployment Advisory Committee to include more local government representatives, and "refrain from acting on infrastructure NPRMs until the new and expanded BDAC" issues recommendations. Industry is making it clear it has a clear agenda in both the wireless and wireline inquiries, said the cities of San Antonio, Texas; Eugene, Oregon; Bowie, Maryland; Huntsville, Alabama; and Knoxville, Tennessee. Industry wants the FCC to become “a national land use zoning board to oversee local land use authorities” as well as a “national right-of-way access and rate regulation oversight board,” the cities commented. NARUC told the FCC any rules should “be careful to respect the clear limits on its authority imposed by the plain text of the federal telecommunications law.”
Representatives of Viaero Wireless met with aides to FCC Chairman Ajit Pai and Commissioner Mignon Clyburn on a July 2016 waiver request of parts of Mobility Fund Phase I rules. The carrier reported then it had failed to meet network coverage requirements in three census tracts in Colorado. The most recent filing, in docket 10-90, explains the problems the company cited in seeking a waiver. “We discussed performance impossibility in the subject Census Tracts, due to the inability of the US Forest Service and Bureau of Land Management to grant access and related rights of way for Viaero to construct cell sites on federal lands,” Viaero said. “The difficulties in obtaining access were not apparent on the date Viaero participated in Mobility Fund Phase I, but became clear as the Forest Service decided to revise its master plan in 2014 and thereafter.”
The Agriculture Department requests public comments through July 17, 2018, on how it can give “better customer service” and remove unintended barriers to participation in its programs “in ways that least interfere with our customers and allow us to accomplish our mission,” USDA said (here). The department wants ideas to modify, expand, repeal, or “streamline” regulations, guidance, or “any other policy documents” needing reform, it said. It will collect comments in four “batches,” it said. USDA noted that a Feb. 24 executive order (here) directs agencies to identify regulations that eliminate jobs or inhibit job creation; are outdated, unnecessary or ineffective; and that impose costs that exceed benefits. “USDA is committed to creating a culture of consistent, efficient service to our customers while easing regulatory burdens to make it easier to invest, produce, and build in rural America in a way that creates jobs and economic prosperity while ensuring the safety of our food supply, and protecting and safeguarding our land, water, and other natural resources for future generations,” USDA said.