USTelecom and Incompas have an unbundled dark fiber transport compromise, following their LEC line access pact proposed to the FCC (see 2008060044), they said in docket 19-308 Tuesday. They urged the FCC to adopt the two concurrently and "bring finality and certainty to issues that have long bedeviled parties and policymakers alike." Since requesting carriers are impaired without unbundled access to dark fiber transport to any Tier 34 wire center more than half a mile from alternative fiber, the compromise would have the FCC find non-impairment and use its authority to forbear from the obligation to provide unbundled dark fiber transport to wire centers within a half mile of alternative fiber where unbundled transport currently isn't required. They said competitive LECs will still have unbundled access to all dark fiber transport arrangements ordered before the order's effective date for eight years, during which the incumbent LEC won't increase rates for access to unbundled dark fiber.

The bipartisan House Problem Solvers Caucus began pressing Tuesday for alternate COVID-19 aid legislation that includes broadband funding, amid a renewed push for a compromise. House Speaker Nancy Pelosi, D-Calif., wants the chamber to remain in session until passage. Majority Whip James Clyburn, D-S.C., and Communications Subcommittee Chairman Mike Doyle, D-Pa., during appearances at an Incompas event cited the need for COVID-19 legislation to address broadband. House Republicans cited broadband access in their preelection “Commitment to America” plan as a priority if their party regains a majority in the chamber.

House Communications Subcommittee Chairman Mike Doyle, D-Pa., emphasized what he views as a stark difference in telecom policymaking that will occur depending on whether President Donald Trump or Democratic nominee Joe Biden wins the November election. A Biden White House and Democratic-controlled Congress “will work to connect all Americans” and plans to “make a historic investment in our broadband infrastructure,” Doyle, a Biden supporter (see 1912130043), said Tuesday at Incompas' event. Biden and the Democrats will also address broadband affordability, “will restore” now-rescinded 2015 FCC net neutrality rules and will “work to combat the flood” of online misinformation, he said. If Trump wins, “I don’t see us addressing any of these issues. I see our government continuing to work to appease the whims of a narcissistic individual. I see the digital divide continuing to grow,” Doyle said. He and House Majority Whip James Clyburn, D-S.C., cited the continued need for Congress to include broadband funding in the next COVID-19 aid bill (see 2009150068). FCC Chairman Ajit Pai defended the commission’s approval of Ligado’s L-band plan and predicted the upcoming C-band auction will be “massive” (see 2009150069).

The FCC made the right decision on Ligado, FCC Chairman Ajit Pai told Incompas Tuesday during its virtual conference. Pai stressed FCC focus on 5G, saying the upcoming C-band auction will be “massive.” Pai said more is coming, including on the 5.9 GHz band and a follow-up order on 6 GHz (see 2008200040). “We have a lot of big irons in the fire,” he said.

Senate Commerce Committee Chairman Roger Wicker, R-Miss., said Monday he’s actively “working with” appropriators to allocate funding to the FCC to implement the Secure and Trusted Communications Networks Act (HR-4998) and Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822 and see 2003040056). “The FCC estimates that will cost between $1.6 billion and $1.8 billion” to implement HR-4998 (see 2009040050), Wicker said during an Incompas event. “When we’re spending 2.2 trillion” via the Coronavirus Aid, Relief and Economic Security Act (see 2003250046), spending less than $2 billion on HR-4998 implementation would be “well worth it.” When “you talk to” the FCC about implementing S-1822, they “will point out that it’s great to have” the law, “but they’re not able to appropriate the money” to implement the changes to its broadband coverage data collection practices envisioned in the statute, Wicker said. “They need $65 million to implement that change and we’re working to make sure that we get there soon lest we proceed with faulty information.” He hopes Congress appropriates money to implement HR-4998 and S-1822 by the end of the month, when lawmakers have to either pass FY 2021 appropriations measures or a continuing resolution to fund the government past the Sept. 30 end of FY 2020. Kelley Drye USF lawyers John Heitmann and Steve Augustino told Incompas the FCC's approaches and priorities may shift depending on which party wins the November presidential election (see 2009140032).

A Republican- or Democratic-controlled FCC will continue to focus on issues like the digital divide and 5G deployment, but expect differences in approaches and priorities, said Kelley Drye USF lawyers John Heitmann and Steve Augustino at the Incompas Show Monday. On FCC direction next year, Heitmann said rhetoric about digital divide issues will continue, though the GOP prioritizes infrastructure issues, while Democrats prioritize affordability and accessibility via Lifeline. Augustino said more attention likely will be on broadband infrastructure spending, though Democratic presidential nominee Joe Biden's campaign has been making it more of an emphasis than President Donald Trump's. Augustino said the Republican approach to 5G focused heavily on deployment, particularly via preemption of state and local government regulation, but Democrats are less likely to focus so heavily on preemption. He said Democrats have called more for revamping FCC broadband mapping, while the GOP-led agency focused more on making do with current mapping until Congress provides the resources for a deep dive. Under a Democratic-controlled FCC, expect "a re-reclassification" of broadband, perhaps accompanied by privacy regulations, Heitmann said. Expect the agency to continue to focus heavily on robocalls and supply chain security issues, the two said. With it widely expected that Ajit Pai leaves the chairmanship soon, Augustino said Commissioner Brendan Carr seems to have the inside track to replace him in a Republican FCC, while the Democrats have a history of going with dark horse outsiders. Heitmann said Commissioner Jessica Rosenworcel or former Commissioner Mignon Clyburn seem to be the likeliest Democratic choices, and while Carr might be odds-on likeliest for Republicans, other candidates, such as a variety of Senate Commerce Committee staffers, could be in the mix. Heitmann said the next chairman isn't likely to roll back transparency initiatives Pai instituted, such as releasing draft items before commissioner meetings. "It's an irreversible trend," and a subsequent chairman would find it difficult to justify less openness, he said.

Senate Commerce Committee Chairman Roger Wicker, R-Miss., said Monday he’s actively “working with” appropriators to allocate funding to the FCC to implement the Secure and Trusted Communications Networks Act (HR-4998) and Broadband Deployment Accuracy and Technological Availability Act broadband mapping law (S-1822 and see 2003040056). “The FCC estimates that will cost between $1.6 billion and $1.8 billion” to implement HR-4998 (see 2009040050), Wicker said during an Incompas event. “When we’re spending 2.2 trillion” via the Coronavirus Aid, Relief and Economic Security Act (see 2003250046), spending less than $2 billion on HR-4998 implementation would be “well worth it.” When “you talk to” the FCC about implementing S-1822, they “will point out that it’s great to have” the law, “but they’re not able to appropriate the money” to implement the changes to its broadband coverage data collection practices envisioned in the statute, Wicker said. “They need $65 million to implement that change and we’re working to make sure that we get there soon lest we proceed with faulty information.” He hopes Congress appropriates money to implement HR-4998 and S-1822 by the end of the month, when lawmakers have to either pass FY 2021 appropriations measures or a continuing resolution to fund the government past the Sept. 30 end of FY 2020. Kelley Drye USF lawyers John Heitmann and Steve Augustino told Incompas the FCC's approaches and priorities may shift depending on which party wins the November presidential election (see 2009140032).

USTelecom CEO Jonathan Spalter and Incompas CEO Chip Pickering spoke with FCC Commissioner Geoffrey Starks about their agreement on whether LECs need to provide access to DS0, DS1, DS3 and operation support systems, and how much, said a filing posted Thursday in docket 19-308. The two previously spoke with other four commissioners (see 2008280063).

The FCC got suggestions of changes to its broadband mapping and data collection rulemaking approved in July (see 2007160062), in docket 19-195 comments posted Wednesday. USTelecom and the Wireless ISP Association said the FCC shouldn't require providers to supply testing or other latency verification and it should exclude non-mass market business-only services. They said that verification can't happen until the fabric is created and that geocoordinates should become the standard format when evaluating outside data. They said the FCC should end broadband deployment data collection that's part of its Form 477. Connected Nation said the FCC should either collect speed information below 25/3 Mbps in three speed tiers or the baseline should be reporting at 3 Mbps/768 kbps with two speed tiers, and should collect round-trip latency information, defining the points on the network between which latency is measured. The Competitive Carriers Association said a standard way of reporting signal strength has benefits, but mobile operators look at a wide variety of variables that influence a link budget. CCA said the agency should provide guidance on in-vehicle penetration on a per-frequency basis and make sure verification procedures aren't a sizable burden. AT&T said providers shouldn't have to submit “business-only” broadband service availability data, but all carriers should have to identify the latency capability of fixed broadband service. It backed requiring service technologies to certify to the same latency threshold but said there's a need to differentiate among technologies with higher latency standards. The Broadband Data Act doesn't require changing the broadband data the commission collects from satellite providers because what the agency gets now is accurate, nor is latency information needed, Hughes said. If the FCC decides it wants additional latency information, all providers should report whether their service offerings fall above or below a certain threshold, Hughes said. Incompas said when the FCC refers to its facilities-based definition for broadband providers that must file polygons, it should use a different definition of facilities-based provider, or it will end up with results overstating availability. Next Century Cities urged collecting additional location-specific speed and pricing data. WTA said the approach to defining locations should differ for broadband mapping and Connect America Fund buildout purposes. CTIA's petition for reconsideration said the FCC should look again at its disparate treatment of link budget information of mobile and fixed wireless providers, and at its requiring modeling of in-vehicle usage coverage in addition to outdoor stationary coverage for each mobile wireless technology.

A 30-day comment period, not a 14-day one, is needed to get input on ramifications of the U.S. Court of Appeals for the D.C. Circuit's ruling on conditions on Charter Communications (see 2008140040) and what it means for other conditions from the Time Warner Cable/Bright House Networks deal. That's per Incompas in a docket 16-197 post Wednesday, as it also said there needs to be comment on Charter waiting until the reply round on the proceeding asking for a sunset of conditions to provide an economic analysis. The Free State Foundation said just because the D.C. Circuit didn't touch the FCC's usage-based pricing condition on Charter doesn't mean the court backed those data caps, just that it and other plaintiffs didn't have legal standing to challenge the data caps.