FCC efforts to spur wireline broadband advances sparked a strong response, as scores of parties submitted a wide range of views on a rulemaking notice and related items aimed at removing barriers to fiber network deployment. Telecom, cable and fiber providers generally supported the commission's direction, backing steps to ease pole attachments. Incumbent telcos also sought reduced copper-retirement regulation, but CLECs and consumer and labor groups opposed relaxation. Numerous localities and some state interests opposed possible FCC pre-emption of their oversight, and the electric utility industry objected to any heavy-handed pole-attachment intervention, though some supported "one-touch, make-ready" (OTMR) changes if properly conditioned.
FCC Commissioner Michael O'Rielly and telco officials said Wednesday that Congress needs to tackle open internet issues, even as the agency carries out a rulemaking aimed at undoing Title II broadband regulation under the Communications Act. Speaking at a Phoenix Center event, they agreed broadband Title II classification made no sense, but they said lawmakers should give regulators a clearer statutory mandate in order to bring more policy stability.
The FCC ATSC 3.0 rulemaking saw more replies underscoring the sometimes contentious nature of what broadcasters hope is a switch to the next-generation standard. Earlier replies in docket 16-142 (see 1706080067) and initial comments (see 1705100072) also showed some differences among broadcasters, MVPDs and consumer electronics interests. Whether to mandate 3.0 tuners is one such issue, with CTA replying to stress the importance of not imposing tuner mandates. It was the first time in the 14-month-long proceeding that CTA commented on its own rather than jointly with NAB and the other groups that petitioned to authorize 3.0 as a voluntary, market-driven service (see 1604130065).
Net neutrality supporters signaled Tuesday they plan what they hope will be a major protest heading into July 17, the deadline for filing initial comments at the FCC on a May NPRM. Major internet companies are joining for an “Internet-Wide Day of Action to Save Net Neutrality” July 12. Commissioners had approved, 2-1, an NPRM that examines the 2015 rules and reclassification of broadband as a Communications Act Title II service, approved under Democratic then-Chairman Tom Wheeler (see 1705180029). Current Chairman Ajit Pai and Commissioner Mike O'Rielly voted to proceed with the rulemaking and have shown no sign they're rethinking their support for overturning the earlier order.
Public safety items will dominate the FCC's June 22 meeting. Commissioners tentatively will vote on a special emergency alert system code for imminent threats against law enforcement and changes to caller ID rules to allow those receiving threatening calls and law enforcement to get identification information quickly. Such items focus on "help[ing] law enforcement and first responders," Chairman Ajit Pai blogged Thursday.
The FCC is expected to move very quickly on a final order on net neutrality after voting to launch a rulemaking Thursday (see 1705180029). Chairman Ajit Pai said he hoped to move as early as October, industry lawyers said. Former officials said that’s a tough timetable, especially if new commissioners join by then, including possibly a new commissioner to replace Democrat Mignon Clyburn, whose term expires in June.
Opponents of the pending net neutrality NPRM say the FCC could face a tough time in court making the case that the agency needs to move again, two years after imposing rules reclassifying broadband as a Communications Act Title II service. Meanwhile, the FCC continues to be inundated with net neutrality comments, posting more than 780,000 on its filing system Friday and Monday. But the Electronic Comment Filing System was functioning throughout the day Monday, after experiencing widespread problems last week (see 1705120052).
Internet Association President Michael Beckerman said no one should make any statements against FCC Chairman Ajit Pai that could be construed as racist. Pai acknowledged in a recent interview that he has been attacked because of his Indian heritage (see 1705100070). “Threats and racist remarks directed at Chairman Pai -- or any person -- are wrong,” Beckerman said in a statement. “Chairman Pai is a decent and kind person, and while we disagree on net neutrality, I have tremendous respect for him. Internet Association and its members are committed to an open and safe environment online for internet users to freely express themselves.” “We can debate & disagree on merits of issue but racism & threats are not appropriate,” tweeted Commissioner Mike O’Rielly. Meanwhile, Free Press announced it would hold a rally outside FCC headquarters during next week’s commissioner vote on a net neutrality NPRM. “The rally will feature speeches by Net Neutrality champions, music and chanting,” Free Press said. “We’ll get loud, show that we won’t back down and bring our message right to the FCC’s doorstep.” NCTA released a poll that found most Americans say they oppose regulation of the internet. “By an overwhelming 78 percent to 12 percent margin, voters support the government having little or no regulation of the internet, with 53 percent supporting a ‘light touch’ and 25 percent do not want the government to regulate at all,” the cable association said. The FCC said the sunshine period on the net neutrality NPRM officially starts Friday “and will continue until the Commission releases the text of the Notice of Proposed Rulemaking or removes it from the meeting agenda.” The sunshine period limits further lobbying, as is typically the case before a meeting. “Given the significant public interest in this item, this Public Notice both reminds the public of those rules and highlights the opportunities that the public will have to continue its participation in this important proceeding,” the notice said.
An FCC public notice singling out a proposed sale between two channel sharing stations indicates the commission sees such transactions as different from other station deals, and may mean the transaction is headed for a full commission vote, attorneys told us. The PN designated Meruelo Television’s proposed buy of Hero Licensco’s KBEH Oxnard, California, as permit but disclose docket for ex parte purposes. KBEH sold its spectrum in the incentive auction and reached a channel sharing agreement to be hosted by Meruelo’s KWHY-TV Los Angeles, and that makes it novel, the Media Bureau said in the PN in Tuesday's Daily Digest. “This application is the first to propose the sale of a winning relinquishment bidder in conjunction with the implementation of a Channel Sharing Agreement.”
Now that the U.S. Court of Appeals for the D.C. Circuit won't hear en banc review of FCC net neutrality regulation (see 1705010038), focus shifts to the Supreme Court. Conventional wisdom is justices are unlikely to grant cert to hear an appeal, especially since the FCC is pursuing a do-over. Some opponents of the order think conventional wisdom could be wrong. Industry parties that sought en banc D.C. Circuit review didn't comment, including USTelecom, CTIA, AT&T, CenturyLink, NCTA, American Cable Association and Alamo Broadband.