FCC Chairman Ajit Pai circulated a draft order Tuesday to grant ILECs forbearance from requirements to provide competitive LECs access to analog voice-grade copper loops on an unbundled basis at regulated rates and to offer for resale at regulated rates services that ILECs sell at retail (see 1805040016). Word came shortly after staff OK'd USTelecom's request to narrow its petition, itself approved shortly after the association's filing was posted. Pai's proposal would provide a three-year transition period to give CLECs and customers time to get alternative voice services. The draft doesn't grant forbearance from regulatory obligations governing broadband networks. USTelecom withdrew its remaining request for forbearance related to broadband, posted Tuesday, when the agency granted that request for withdrawal with an order in docket 18-141 Tuesday. Incompas CEO Chip Pickering called the withdrawal "a victory for small, local builders who deploy the fiber future." Given "robust competition in the voice market, these two mandates from the 1990s, which were intended to open monopoly local phone companies to competition in voice services, are no longer necessary," an FCC spokesperson emailed Tuesday. "These regulations are now harmful because they perpetuate reliance on legacy technologies and services and hinder the transition to next-generation networks." Commissioners plan to vote at their July 10 meeting on elements of the 2018 USTelecom petition for forbearance from requirements to make unbundled network elements such as transport loops available to CLECs at nonmarket rates (see 1906190044). USTelecom CEO Jonathan Spalter praised that coming vote, blogging favorably on other actions aimed at eliminating "outdated regulations and reporting requirements." Unresolved pieces to the USTelecom petition face a statutory deadline of Aug. 2.

Incumbent rural broadband carriers and competitors disagreed in response to a petition from Texas carriers asking the FCC to prohibit the use of E-rate dollars from the USF to overbuild fiber networks for schools and libraries (see 1905230005). In comments posted to docket 13-184 through Tuesday, incumbents said current competitive bidding rules for E-rate funding can favor large, regional providers over local rural carriers and lead to inefficient use of government dollars when they support the builds of redundant broadband networks at the expense of unserved institutions. Those opposing the petition wrote that the proposals could stifle broadband competition, raise prices for rural schools and libraries, and drive up costs to the USF.

The FCC Wireline Bureau should make clear that any fiber deemed competitive within a half mile of an incumbent LEC's wire center should exclude fiber now owned by an ILEC's own competitive LEC affiliate within the ILEC's region, in its draft forbearance order, Incompas said, posted Monday in docket 18-141. The fiber network data referenced in the draft was from 2013, but some competitive LECs have since consolidated with incumbent LECs in the same regions, the group said. Incompas representatives spoke with aides to FCC Chairman Ajit Pai and Commissioners Jessica Rosenworcel, Mike O'Rielly, Brendan Carr and Geoffrey Starks, plus Terri Natoli, associate chief of the Wireline Bureau. Commissioners are to consider the draft order on forbearance at their July 10 open meeting (see 1906190044).

The FCC plans to undo "unnecessary regulation" of transport services and facilities for ILECs, according to two draft orders released Wednesday that will come up for a vote at the commissioners' July 10 meeting, as the agency promised a day earlier (see 1906180053). An opinion and order from docket 18-141 would partially grant USTelecom's request for forbearance from DS1 and DS3 transport unbundling obligations for price-cap carriers, where endpoints for competitive fiber is located within a half mile. An order on remand from docket 16-143 would grant price-cap carriers nationwide relief from ex ante price regulation of their lower speed TDM transport business data services.

CTA supported proposed updates to FCC rules for over-the-air reception devices, in reply comments posted Tuesday in docket 19-71. Cities and others continue to counsel restraint (see 1906050014). Other groups are raising RF health concerns. “The availability of broadband is an important factor in the growth of emerging technologies,” CTA said. “Emerging technologies use smaller form factors than previous generation’s macro towers, and these smaller form factors must be closer to end-users. Over the past two years, the Commission took important steps to streamline state and local review of infrastructure siting. … Expanding the OTARD rule to include all fixed wireless equipment is a reasonable next step for the Commission to consider.” Incompas also supported the change. “Fixed wireless is a solution that some of our members use to deliver critical voice and broadband services to their customers,” it commented: “INCOMPAS supports the Commission’s proposal to eliminate the restriction that currently excludes hub and relay antennas from the scope of the Commission’s OTARD provisions.” The U.S. Conference of Mayors and Los Angeles, Boston, Dallas and other local governments said the FCC doesn’t have the authority to act. “The Commission lacks the legal authority, delegated, implied, or ancillary, to take the actions it contemplates,” filing said. “Parties that are supportive of the proceeding fail to demonstrate that there is a predicate for action,” the cities said: “Numerous non-governmental parties offer insights that there is no national movement or scheme to deny OTARD deployments, and the Commission’s proposed actions could retard current plans for wireless developments.” San Francisco also opposed the rules. “The Commission cannot extend the OTARD rule simply because the Commission believes it will be speed-up broadband deployment,” it said: “Where, as here, the Commission is acting under a directive from Congress, the Commission must show that its actions are consistent with that directive, and are not prohibited by other federal laws.” The Wireless ISP Association, which asked for the change, said initial comments broke down into two camps. “Those in the real estate business that seek to maintain the status quo giving zoning and homeowners’ associations unmitigated control over the way their residents’ access video content, and those providers that desire a limited change to the OTARD rule so that consumers have more choices and providers are better able to extend service and offer competitive choice,” WISPA said.

CTA supported proposed updates to FCC rules for over-the-air reception devices, in reply comments posted Tuesday in docket 19-71. Cities and others continue to counsel restraint (see 1906050014). Other groups are raising RF health concerns. “The availability of broadband is an important factor in the growth of emerging technologies,” CTA said. “Emerging technologies use smaller form factors than previous generation’s macro towers, and these smaller form factors must be closer to end-users. Over the past two years, the Commission took important steps to streamline state and local review of infrastructure siting. … Expanding the OTARD rule to include all fixed wireless equipment is a reasonable next step for the Commission to consider.” Incompas also supported the change. “Fixed wireless is a solution that some of our members use to deliver critical voice and broadband services to their customers,” it commented: “INCOMPAS supports the Commission’s proposal to eliminate the restriction that currently excludes hub and relay antennas from the scope of the Commission’s OTARD provisions.” The U.S. Conference of Mayors and Los Angeles, Boston, Dallas and other local governments said the FCC doesn’t have the authority to act. “The Commission lacks the legal authority, delegated, implied, or ancillary, to take the actions it contemplates,” filing said. “Parties that are supportive of the proceeding fail to demonstrate that there is a predicate for action,” the cities said: “Numerous non-governmental parties offer insights that there is no national movement or scheme to deny OTARD deployments, and the Commission’s proposed actions could retard current plans for wireless developments.” San Francisco also opposed the rules. “The Commission cannot extend the OTARD rule simply because the Commission believes it will be speed-up broadband deployment,” it said: “Where, as here, the Commission is acting under a directive from Congress, the Commission must show that its actions are consistent with that directive, and are not prohibited by other federal laws.” The Wireless ISP Association, which asked for the change, said initial comments broke down into two camps. “Those in the real estate business that seek to maintain the status quo giving zoning and homeowners’ associations unmitigated control over the way their residents’ access video content, and those providers that desire a limited change to the OTARD rule so that consumers have more choices and providers are better able to extend service and offer competitive choice,” WISPA said.

CTA supported proposed updates to FCC rules for over-the-air reception devices, in reply comments posted Tuesday in docket 19-71. Cities and others continue to counsel restraint (see 1906050014). Other groups are raising RF health concerns. “The availability of broadband is an important factor in the growth of emerging technologies,” CTA said. “Emerging technologies use smaller form factors than previous generation’s macro towers, and these smaller form factors must be closer to end-users. Over the past two years, the Commission took important steps to streamline state and local review of infrastructure siting. … Expanding the OTARD rule to include all fixed wireless equipment is a reasonable next step for the Commission to consider.” Incompas also supported the change. “Fixed wireless is a solution that some of our members use to deliver critical voice and broadband services to their customers,” it commented: “INCOMPAS supports the Commission’s proposal to eliminate the restriction that currently excludes hub and relay antennas from the scope of the Commission’s OTARD provisions.” The U.S. Conference of Mayors and Los Angeles, Boston, Dallas and other local governments said the FCC doesn’t have the authority to act. “The Commission lacks the legal authority, delegated, implied, or ancillary, to take the actions it contemplates,” filing said. “Parties that are supportive of the proceeding fail to demonstrate that there is a predicate for action,” the cities said: “Numerous non-governmental parties offer insights that there is no national movement or scheme to deny OTARD deployments, and the Commission’s proposed actions could retard current plans for wireless developments.” San Francisco also opposed the rules. “The Commission cannot extend the OTARD rule simply because the Commission believes it will be speed-up broadband deployment,” it said: “Where, as here, the Commission is acting under a directive from Congress, the Commission must show that its actions are consistent with that directive, and are not prohibited by other federal laws.” The Wireless ISP Association, which asked for the change, said initial comments broke down into two camps. “Those in the real estate business that seek to maintain the status quo giving zoning and homeowners’ associations unmitigated control over the way their residents’ access video content, and those providers that desire a limited change to the OTARD rule so that consumers have more choices and providers are better able to extend service and offer competitive choice,” WISPA said.

A proposal by Dish Network that it buy some T-Mobile/Sprint assets and launch its own fourth national wireless network likely faces an uphill climb, observers said Monday. The deal could help DOJ, which signaled it wants four networks regardless of whether it sues to block T-Mobile's buy of Sprint. It also would help Dish, which faces buildout deadlines on some of the massive amounts of spectrum it owns, and could have to forfeit licenses to the FCC.

A proposal by Dish Network that it buy some T-Mobile/Sprint assets and launch its own fourth national wireless network likely faces an uphill climb, observers said Monday. The deal could help DOJ, which signaled it wants four networks regardless of whether it sues to block T-Mobile's buy of Sprint. It also would help Dish, which faces buildout deadlines on some of the massive amounts of spectrum it owns, and could have to forfeit licenses to the FCC.

The 1996 Telecom Act set mandates for ILECs to open networks to competitors, but incumbents say enough competition exists for the FCC to grant USTelecom's petition for forbearance from a requirement to provide unbundled network elements (UNEs) to competitive LECs. At minimum, ILECs seek forbearance wherever there is evidence of facilities-based market competition, such as from a cable provider. CLECs said they still need UNE access (see 1905140012). All sides told us recently to expect the FCC to act soon.