INCOMPAS NEWS -- November 13, 2017

Last week, INCOMPAS filed ex parte letters on the draft Report and Order in both the wireline and wireless broadband deployment proceedings.

In the wireline proceeding, INCOMPAS noted that it supports certain proposed actions as steps to accelerate deployment of next-generation networks and promote facilities-based competition. But "[g]iven the numerous significant barriers to competitive wireline broadband deployment that remain-that the Commission has recognized and not yet addressed-it is premature for the Commission to reduce the time that competitors relying on incumbent copper facilities receive to find alternative means to serve their customers."

Regarding the wireless proceeding, INCOMPAS applauded the Commission's goal of streamlining the build-out of next-generation wireless facilities, but urged:

clarifying that the installation of a replacement infrastructure is exempt so long as the replacement is installed within 15 feet of the original when it is within a utility or transportation right of way.
providing more flexibility in the rules with regard to the increased height allowance provided by the proposed change.

INCOMPAS also urged the FCC to take further action to support deployment of a vast number of small cells around the country.

INCOMPAS Reiterates Concerns on Safe Harbor Implementation in Robocall Report & Order

INCOMPAS last week filed an ex parte letter with the Federal Communications Commission that addresses the proposed robocall Report & Order, reiterating its concerns about a safe harbor being implemented at this time.

In the letter, INCOMPAS said it "supports the Commission's proposals to codify its 2016 guidance on "do-not-originate" requests as well as the agency's proposal to allow voice service providers to block invalid numbers and calls originating from numbers not allocated to any provider. Furthermore, INCOMPAS believes that the Commission's narrowly-tailored approach to blocking numbers that are allocated to a provider but not assigned to a subscriber should mitigate concerns that legal outbound calls made from intermediate, administrative, and proxy numbers will be blocked without the consent of subscribers."

However INCOMPAS warned that "until the Commission can ensure that the precise call blocking rules it has proposed protect legal calls, it should resist appeals to include in its Proposed Report and Order a safe harbor that offers voice service providers shelter from potential liability for blocking calls that fall outside the scope of the proposed rules. In setting aside its long-standing policy against allowing voice service providers to block calls, the Commission should take every precaution to ensure that call blocking activities are being conducted in accordance with the proposed rules and to allow providers a means of redress for violations of the call completion rules."

House to Hold 5G Hearing

On Thursday, November 16, the House Subcommittee on Communications and Technology will hold a hearing on "The Race to 5G and its Potential to Revolutionize American Competitiveness."

The hearing will examine the benefits and efficiencies that 5G mobile networks can add to the economy and America's global leadership in wireless innovation and address some of the impediments to the deployment of 5G, including lack of available spectrum and burdensome regulations.

The hearing will take place at 10 a.m. in room 2123 of the Rayburn House Office Building.

NARUC to Address Telecom Resolutions at Annual Meeting

This week the National Association of Regulatory Utility Commissioners (NARUC) will host its annual meeting in Baltimore. Among its draft resolutions, NARUC will address:

TC-1 Resolution on E911 Access and Enterprise Communications Systems - Resolution supports federal and state actions to require ECS manufacturers, installers and operators to design and configure ECS to allow direct dialing of 911, route 911 calls to the proper PSAP regardless of the particular location of the extension used to call 911, provide the PSAP with location information accurate enough for first responders to locate the caller, and to support on-site notification.