The National League of Cities, the U.S. Conference of Mayors, the Government Finance Officers Association, the International Municipal Lawyers Association, the National Association of Counties, the National Association of Towns and Townships, the National Association of Regional Councils, and the National Association of Telecommunications Officers and Advisors have asked the FCC to extend the deadlines for filing reply comments in its proceedings on accelerating wireline and wireless broadband deployment by removing barriers to infrastructure investment (Wireline Competition docket 17-84 and Wireless Telecommunications docket 17-79, respectively).

The current reply deadlines in both dockets are July 17.  They requested extensions until Aug. 17.

“In addition to the potential for confusion with the Net Neutrality comments due that same day,” that is, July 17, the local government groups offered five other reasons to grant the extension:  (1) “[t]he number of and complexity of comments filed to date in both proceedings;” (2) “[t]he number of existing rules that are proposed for revision;” (3) “[t]he number of communities that are maligned directly or by inference and the need to alert them to provide the Commission with a complete factual record of any alleged bad acts;” (4) “[i]ntervening state laws that have been adopted on small wireless facilities siting in the public rights-of-way and requests to preempt these laws; and” (5) “[t]he number of conflicts that fall within the current reply comment period.”

They noted that “[a]s of July 7, 2017, no less than 199 comments have been filed in the Wireline proceeding (WC 17-84) and 350 comments have been filed in the Wireless proceeding (WT 17-79). With limited resources, it has been impossible for local government commenters to read all the filings, let alone develop cogent responses.”

“As we pointed out in prior filings, an adverse ruling by the Commission on many of the issues raised in these proceedings could potentially cost local governments billions of dollars annually for the private use of the public rights-of-way. We believe that the number of local government parties filing comments reflects the seriousness with which they view these proceedings and an extension of time to file reply comments will permit local governments nationwide to address the many financial and budgetary implications that any Commission rulings could have on communities and their residents,” they added.

Regarding the issue of “maligned communities,” the local government groups said that “specifically named local governments must have the time to review the allegations against them and provide the Commission with the full story on why any delays in the siting process may have occurred, including industry failures, as well as explaining how current siting and application practices promote deployment. An extension of time to file reply comments will allow maligned local governments to address the claims made against them. Moreover, the Commission must strike from the record any claims that do not cite the specific government whose conduct is being impugned. The Commission has made it clear that it wants to make data driven decisions — a goal that cannot be met through the use of allegations in the abstract. Permitting such conduct undercuts the credibility of any decisions the Commission may reach.”

As for state laws, they said, “Recently, no less than 15 states have reviewed small wireless facility siting legislation, with a number of states enacting such laws. Many localities from those states need to know that some industry commenters are seeking to preempt these new bills, despite a number of the state laws being developed by consensus between various state associations of local governments and the industry.”

They also noted that the period between the comment and reply comment deadlines have included the annual meeting of the USCM and meetings of NLC committees, as well as the mid-week Independence Day holiday, “resulting in many city professionals exercising vacation days to take a four day weekend.” —Lynn Stanton, lynn.stanton@wolterskluwer.com

Courtesy TRDaily

Comments are due July 31 and replies Aug. 29 in PS docket 15-94 in response to a notice of proposed rulemaking adopted earlier this month that proposes to amend the FCC’s Emergency Alert System (EAS) rules to add the event code “BLU” for Blue Alerts (TR Daily, June 22). The new alert would enable the dissemination of information when law enforcement officers have been killed or seriously injured, are in imminent danger, or are missing.

Courtesy TRDaily

Acting on its own motion, the FCC today waived on a one-time basis its rules regarding the Rural Health Care universal service support mechanism to enable “service providers in remote Alaska to reduce the cost of service to affected HCPs,” or health-care providers.

Specifically, the Commission waived its “support calculation rules that would otherwise be triggered by a reduction in service price” and waived “any other requirement, to the extent necessary, in these special circumstances to effectuate the relief granted, including restrictions on ineligible sources of funding, certification requirements, pro-ration requirement to the extent any interpretation of that rule might suggest the need to pro-rate the newly lowered price, and restrictions on evergreen contracts.”

Courtesy TRDaily

President Trump has nominated FCC General Counsel Brendan Carr to fill the last vacancy on the FCC. Mr. Carr took over as the agency’s general counsel when Ajit Pai became Chairman of the FCC in January. Before that, he was a legal adviser to Mr. Pai. The president previously renominated Mr. Pai, whose term expired June 30, 2016, and former Commissioner Jessica Rosenworcel, whose term expired June 30, 2015, to additional terms (TR Daily, March 7 and June 14).  President Obama had renominated Ms. Rosenworcel, but the nomination never received a confirmation vote in the Senate, so she had to leave when the 2016 session of Congress adjourned, as Chairman Pai would have to leave when the current session adjourns, unless he is confirmed to another term first.

Chairman Pai and Ms. Rosenworcel’s renominations are for the terms immediately succeeding their own expired terms.  Mr. Carr has been nominated for the remainder of former Chairman Tom Wheeler’s term, which expires June 30, 2018, and for an additional five-year term commencing on July 1, 2018. Before serving as legal adviser to then-Commissioner Pai, Mr. Carr was an attorney in the FCC’s Office of General Counsel. He has also worked in private practice at Wiley Rein LLP.

Traditionally, a Republican and a Democratic nominee to independent agencies are paired for confirmation votes, although FCC Commissioner Mike O’Rielly was confirmed without a paired Democratic nominee, on the pledge, according to Democratic senators, that Ms. Rosenworcel would receive an unpaired confirmation vote, which did not happen.  Continue reading →

The FCC’s Wireless Telecommunications Bureau and Office of Engineering and Technology solicited comment June 22 on petitions for rulemaking filed by CTIA and T-Mobile US, Inc., seeking changes to the agency’s Citizens Broadband Radio Service rules (TR Daily, June 19 and June 20). Comments are due July 24 and replies Aug. 8 in GN docket 12-354 and Rulemakings 11788 and 11789. A public notice also invited comments on several ex parte filings that were submitted in the docket.

In a related development, FCC Commissioner Mike O’Rielly told reporters during a news conference after today’s meeting that his goal is to provide recommendations “as soon as possible,” hopefully by this fall, to FCC Chairman Ajit Pai for changes in the 3.5 gigahertz band rules.  “I’d like to wrap the whole thing up by the end of the year,” said Mr. O’Rielly, who has been tasked by Mr. Pai with exploring changes in the rules for the band. He also reiterated his support for modifications to the priority access license (PAL) rules.

Courtesy TRDaily

The American Correctional Association urged the FCC in a filing June 23 to convene wireless carriers “and reach a voluntary agreement within one year to implement and offer CW beacon systems on all cell phones with a phase-in period of two years from the date of the agreement” to tackle contraband cellphones in correctional institutions.

“However, if all carriers do not agree within the one-year period, we would encourage the FCC to pursue mandatory requirements in this proceeding,” ACA said in its filing in GN docket 13-111 on a further notice of proposed rulemaking adopted in March seeking comments on whether the Commission should take additional measures to address the use of contraband devices in prisons and jails (TR Daily, March 23).

Courtesy TRDaily