April 21, 2017–The FCC’s Wireline Competition Bureau today authorized Somos, Inc., the administrator of the toll-free number database, to make numbers in the 833 toll-free code available beginning June 3, and directed it to poll RespOrgs (responsible organizations, which acquire toll-free numbers and assign them to subscribers) and RespOrg groups before the code opening “for a list of up to 2,000 individual 833 numbers the RespOrg or affiliated RespOrg Group requests to be reserved.”

Numbers with multiple reservation requests will be designated “unavailable” in the database, pending a full Commission decision on alternative number-assignment methods.  “After the 833 code opens, the Bureau anticipates that the Commission will initiate a proceeding to consider whether to adopt new toll free number assignment methods or continue its first-come, first-served policy for 833 and any other available toll free numbers for which there are mutually exclusive requests. Alternative assignment methods could include, for example, assignment by auction or lottery. Pending the outcome of this proceeding, all 833 numbers placed in unavailable status in the toll free database due to mutually exclusive requests during the pre-code opening period will remain in that status,” the bureau said in an order adopted today in Common Carrier docket 95-155.

The bureau also increased “the quantity of toll free numbers RespOrgs may reserve under our rules to 4,000 for a brief 5-day period, beginning June 3, 2017.” —Lynn Stanton, lynn.stanton@wolterskluwer.com

Courtesy TRDaily

April 21, 2017–The FCC’s Public Safety and Homeland Security Bureau released a report today that recommends the agency take several actions in the wake of last year’s nationwide test of the Emergency Alert System (EAS), including encouraging the use of the Federal Emergency Management Agency’s Integrated Public Alert and Warning System (IPAWS) as the primary source of alerts and examining how to improve and expand IPAWS alert content.

Today’s 21-page report was generally consistent with initial findings released for the September 2016 nationwide EAS test (TR Daily, Sept. 28, 2016), the second such nationwide test, in a public notice released in December (TR Daily, Jan. 3).

“The 2016 Nationwide EAS Test largely was a success, demonstrating that the national EAS has been significantly strengthened since the 2011 nationwide test,” today’s report concluded. “The test also highlights several areas in which the EAS can continue to be improved. PSHSB will continue to work with FEMA, EAS Participants, and other EAS stakeholders to address these problems and to ensure that the EAS can deliver timely and accurate national alerts and critical emergency information to the public.”

A bureau report released in 2013 about the 2011 test said that it “demonstrated that the national EAS distribution architecture is basically sound,” but it also “uncovered several problems that impeded the ability of some EAS Participants to receive and/or retransmit” alerts (TR Daily, April 15, 2013). That report recommended a number of steps that should be taken to strengthen the EAS and said that another nationwide test should be conducted after that.

Today’s report said that more than 20,000 broadcasters, cable operators, and other EAS participants took part in last year’s test, or 95% of all EAS participants, which was a 25% improvement over the 2011 test.  “The results further show that the IPAWS version of the alert delivered superior digital sound and successfully delivered non-English alerts to those EAS Participants that wished to distribute them,” the report added.

“Test data also reveals, however, that a range of operational and technical issues still remain that affect nationwide EAS test performance across all states …” the report added.

“Almost half of test participants received the test over-the-air rather than from IPAWS, and these participants were unable to deliver the CAP [common alerting protocol]-formatted digital audio, Spanish, and text files as a result,” the bureau said. “Additionally, some EAS Participants failed to receive or retransmit alerts due to erroneous equipment configuration, equipment readiness and upkeep issues, and confusion regarding EAS rules and technical requirements.” In addition, “some EAS Participant groups had low participation rates, particularly Low Power broadcasters.”

Regarding the complications reported by EAS test participants, the report elaborated that they “included equipment configuration issues, equipment failures, failure to update equipment software, audio quality issues, source issues, clock errors, and, in some cases, noncompliance with the part 11 rules.” Continue reading →

April 20, 2017–The FCC’s Incentive Auction Task Force and Media Bureau released a public notice today to announce regional coordinators during the repacking of TV stations in the wake of the incentive auction. “To enhance its ability to closely monitor the progress of the repack and to facilitate coordination among stations, each station that will transition to a new channel has been grouped into one of 10 geographically-based regions.  Each region has a dedicated Bureau staff member as a Regional Coordinator,” the public notice said.

“Regional Coordinators will act as a first point of contact at the Commission for stations and, with the support of other Bureau staff and other Commission bureaus and offices, will assist in resolving issues and challenges that stations in the region encounter as a result of the transition.”

Courtesy TRDaily

April 20, 2017–Today’s FCC meeting was briefly interrupted by protesters in the audience who stood up and sang along with a recording of Rick Astley’s 1980s hit, “Never Gonna Give You Up,” to symbolize their undying commitment to supporting open Internet rights, as Free Press explained the brief demonstration in a press release.  As the protestors were escorted from the Commission Meeting Room, FCC Chairman Ajit Pai defused any tension by singing along and reminiscing about the music video from three decades ago, eliciting laughter from those remaining in the room as well as from his fellow Commissioners.

Courtesy TRDaily

April 20, 2017–FCC Commissioner Mike O’Rielly today criticized the response of some groups to several proposals he has advanced for addressing states that divert 911 surcharges for other purposes. “I’m still digesting some of the comments from outside groups who haven’t exactly agreed with my solutions,” he told reporters at a news conference after today’s FCC meeting. “I’m kind of disappointed that they have been unwilling to propose anything themselves. They’ve accepted the fate that … diversion can go on, and it’s just the way it goes. That’s not … acceptable to me.”

Mr. O’Rielly has offered three non-mutually exclusive ideas to stop states from diverting 911 fees to other purposes: an FCC prohibition on the practices with respect to interstate services, a billing-and-collection prohibition on carriers to bar them from remitting the fees to states that divert 911 fees, and a bar on individuals from diverting states serving on FCC advisory committees (TR Daily, March 1).

Courtesy TRDaily

April 19, 2017–Several tribal entity organizations want the FCC to abandon a draft notice of proposed rulemaking scheduled for consideration at tomorrow’s monthly meeting that would explore the agency’s rules and procedures concerning historic preservation and environmental review (TR Daily, April 13). “Tribal Nations are deeply concerned with the proposed policy changes contained in the DNPRM,” the National Congress of American Indians (NCAI), the United South and Eastern Tribes Sovereignty Protection Fund (USET SPF), and the National Association of Tribal Historic Preservation Officers (NATHPO) said in a joint ex parte filing posted today in WT docket 17-79.

“Not only do these changes have the potential to harm a largely functional and streamlined tribal review process that preserves Tribal culture resources, they run counter to the intent of various laws, including the National Historic Preservation Act (NHPA), the National Environmental Protection Act (NEPA) and the Native American Graves Protection and Repatriation Act (NAGPRA). Furthermore, much of what the DNPRM seeks to address can be found in existing FCC documents, including the USET Voluntary Best Practices. NCAI, USET SPF and NATHPO strongly urge the Federal Communications Commission not to proceed with this draft Notice of Proposed Rulemaking and to avoid taking further action on these dockets,” the tribal groups said. Continue reading →

April 18, 2017–The American Association of Railroads wants to be part of an FCC proceeding in which the agency is looking for additional ways to streamline the deployment of wireless infrastructure. The FCC is scheduled to consider a wireless infrastructure notice of proposed rulemaking and notice of inquiry at its April 20 meeting (TR Daily, April 13).

In an ex parte filing posted yesterday in WT docket 17-79 reporting on a conversation with representatives of the Wireless Telecommunications Bureau, AAR said it “urged the Commission to include railroad communications infrastructure as part of its efforts to streamline review under the National Environmental Policy Act (‘NEPA’) and the National Historic Preservation Act (‘NHPA’). Any streamlining reforms should apply equally to all new wireless infrastructure (e.g., Part 90 and Part 101 antennas), including Positive Train Control (‘PTC’) and non-PTC poles. In particular, the Commission can accelerate timely deployment of advanced communications systems that will improve rail safety and efficiency by excluding from review most wireless communications technology and related PTC and non-PTC structures used along railroad transportation corridors, rights-of-way, and rail yards. Continue reading →