Vol. 19, No. 6

February 6, 2023

UPCOMING EVENTS

March 7, 2023

October 8-10, 2023

MEMBER NEWS


Consolidated Communications Hires Gaurav Juneja as President of Consumer Business


Fidium Fiber’s Gig-Speed Internet and WiFi Solution is Now Available to Small Businesses



Google Fiber Eyes Boise as Idaho Expansion Target

COMMENT

DEADLINES


February 13

Comments Due on Request to Use E-Rate Funds for

Network Security


February 13

Comments Due on Affordable Connectivity Program Transparency Data Collection FNPRM


February 16

Comments Due on FNPRM on Further Steps FCC Can Take to Ensure Consumers Can Make Informed Broadband Purchasing Decisions


February 21

Comments Due on Digital Discrimination NPRM


February 22

Comments Due on CPNI NPRM


February 27

Reply Comments Due on Affordable Connectivity Program Transparency Data Collection FNPRM


March 16

Reply Comments Due on FNPRM on Further Steps FCC Can Take to Ensure Consumers Can Make Informed Broadband Purchasing Decisions


March 21

Reply Comments Due on Digital Discrimination NPRM


March 24

Reply Comments Due on CPNI NPRM


March 30

Reply Comments Due on Request to Use E-Rate Funds for Network Security


March 31

Comments Due on Rural Utilities Service ReConnect Program Final Rules

2023 INCOMPAS Policy Summit Takes Closer Look at Cybersecurity Trends

There is still much to be done to protect our digital economy and critical infrastructure from constant attack, whether its simple thieves or hostile nation states. Learn about the latest cybersecurity policy trends during The 2023 INCOMPAS Policy Summit on March 7 in Washington, D.C.

Venable’s cybersecurity expert John Banghart will provide an overview of the current cybersecurity threat landscape, innovative ways companies, governments and institutions are responding to those threats, and what government policies can and should be adopted to foster increased cybersecurity. John will also discuss new compliance challenges stemming from the new compliance and reporting requirements of the newly enacted CIRCIA statute (the Cyber Incident Reporting for Critical Infrastructure Act), as well as the possibility that the FCC could expand E-Rate funding to help nation’s educational institutions respond to cybersecurity threats.

The INCOMPAS Policy Summit also will feature keynotes from:

  • Rep. Bob Latta (R-OH)
  • Sen. Ben Ray Lujan (D-NM)
  • FCC Commissioner Brendan Carr
  • FCC Commissioner Nathan Simington
  • FCC Commissioner Geoffrey Starks
  • Scott Blake Harris, Senior Spectrum Advisor, NTIA

Policy Summit Sponsorships Available

Raise your company's visibility in Washington, D.C., and among these key audiences with a Policy Summit sponsorship. A variety of options are available. For details, visit the Policy Summit website or email Julia Strow.

President Biden Highlights New Progress on Competition Agenda

As part of the fourth meeting of the President’s Competition Council, the Biden-Harris Administration announced an action that further advances the President’s agenda of promoting competition in the American economy. The National Telecommunications and Information Administration (NTIA) released a report assessing the alleged barriers to competition in the current mobile app store ecosystem and providing recommendations to "level the playing field for app developers and give consumers more control over their devices."


In addition, the Administration also highlighted the FCC's recently released new broadband label rules that will go into effect next year to require broadband providers to use “nutrition labels”—similar to those used for food products—to convey key information to consumers about internet service options in an accessible format. The information featured will include prices, speeds, data allowances, and any additional fees charged.


The President also urged elimination of exorbitant early termination fees for TV, phone, and internet service, which can exceed $200. The Administration explained that early termination fees are costly for consumers and undermine economic dynamism by making it harder for innovative companies to win a toe-hold in the market by encouraging customers to switch. And these providers often charge people when they’re most vulnerable—people who are forced to move because of a job loss or other financial downturn, for example, may be charged hundreds of dollars in early termination fees. The President urged Congress to eliminate these excessive early termination fees so that companies can no longer lock in customers and must truly compete with each other on the basis of price and quality.

NTIA, DOD Launch Competition to Accelerate Open RAN Adoption

The NTIA announced the launch of the 2023 5G Challenge in collaboration with the Department of Defense (DoD), a $7 million prize competition conducted by NTIA’s Institute for Telecommunication Sciences. The competition aims to accelerate the adoption and development of an open, interoperable, secure, multi-vendor 5G ecosystem. Such an ecosystem will spur a more competitive and diverse telecommunications supply chain, drive down costs for consumers and network operators, and bolster U.S. leadership in the wireless sector. 


The challenge is part of NTIA’s support of the Department of Defense’s 5G to NextG Initiative. Contestants will create 5G equipment prototypes and then test to see if their subsystems can connect to other contestant’s equipment. Currently, this type of plug-and-play operation does not exist in the marketplace. 


Applications are now open and must be submitted via email to 5gchallenge@ntia.gov by 7 p.m. ET on March 1, 2023. The largest prize of $3 million will go to the top performing contestants that work together to demonstrate network mobility. 


Interested applicants are encouraged to attend an informational webinar on Thursday, February 9. 5G Challenge organizers will be presenting a program overview and answering questions. RSVP for the webinar here.  

FCC Chairwoman Responds to Members on Pole Attachments

FCC Chairwoman Jessica Rosenworcel sent letters to Reps. Troy Balderson (R-Ohio), Mike Carey (R-Ohio) and David Joyce (R-Ohio) in response to their letters on pole attachments. Rosenworcel said in 2022 the FCC issued a second FNPRM on questions concerning the allocation of pole replacement costs between utilities and attachers. She said FCC staff is reviewing the record in this proceeding and will take into consideration the issues and concerns presented by all stakeholders.

FCC Wireline Bureau Updates Lists of Areas Deemed

Competitive Per Business Data Services Market Tests

The Wireline Competition Bureau issued a public notice releasing updated lists of areas served by price cap ILECs and rate-of-return ILECs deemed competitive pursuant to the competitive market tests adopted in the 2017 price cap business data services (BDS) order and 2018 rate-of-return BDS order. The results attached to this public notice as Appendices A and B are based on the FCC’s most recent Form 477 data and further supplement the previous lists the bureau released.

USAC Releases National Verifier Annual Report

USAC released its National Verifier annual report and data, which provides a summary of the National Verifier and its functionality, and outlines how it meets the FCC’s key objectives to protect against waste, fraud and abuse. It also provided an update on the use and performance of the National Verifier, including a discussion of system enhancements for the Lifeline Program and Affordable Connectivity Program.

9th Circuit Reverses District Court Order on California LifeLine

The U.S. Court of Appeals for the Ninth Circuit issued a memorandum reversing a California district court order’s granting the National Lifeline Association’s motion for judgment on the pleadings in an appeal of a 2020 California PUC requirement for wireless providers participating in the state’s LifeLine Program to offer LifeLine service at no charge to subscribers. The court ruled the $0 copay requirement for certain affordable plans is not rate regulation preempted by Section 332(c)(3)(A), because participation in California LifeLine is voluntary and service providers remain free to opt out and charge whatever rates they deem appropriate. The court remanded the case to the district court.

House Commerce Committee Holds Hearing on Advancing American Innovation in Next- Gen Satellite Communication

House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) and Communications and Technology Subcommittee Chair Bob Latta (R-Oh.) held a legislative hearing on Thursday to discuss solutions to unleash American innovation in next generation satellite communications. The hearing was titled “Liftoff: Unleashing Innovation in Satellite Communications Technologies.” 


Testifying witnesses included:

  • Tom Stroup, President, Satellite Industry Association
  • Julie Zoller, Head of Global Regulatory Affairs, Project Kuiper at Amazon
  • Jennifer Manner, Senior Vice President of Regulatory Affairs, EchoStar Corporation
  • Margo Deckard, Co-Founder and COO, Lynk Global, Inc.
  • Kari Bingen, Director, Aerospace Security Project and Senior Fellow, InternationalSecurity Program, Center for Strategic and International Studies


Legislation that was considered during the hearing included: 

 

The hearing can be viewed online.

New Congressional Antitrust Caucus Formed

Reps. Ken Buck (R-CO) and David Cicilline (D-RI) announced the formation of the Congressional Antitrust Caucus, which will be committed to holding Big Tech and monopolies accountable, promoting healthy competition in the economy, and advocating for hardworking and law-abiding consumers and business owners.


The bipartisan Congressional Antitrust Caucus will: 

  • Focus on having hearings with American innovators that allegedly have been harmed by Big Tech’s practices
  • Continue pushing legislation that is in line with the Department of Justice Antitrust Division efforts, including the bipartisan and bicameral Competition and Transparency in Digital Advertising Act
  • Serve as a brain trust of those who oppose monopolies in the free market

Sen. McConnell Announces Republican Committee Assignments

Senate Republican Leader Mitch McConnell (R-KY) announced the Senate Republican Conference Committee Assignments for the 118th Congress. The assignments have been ratified by the Republican Conference and are expected to be ratified by full Senate soon. 


Commerce Committee assignments include Ted Cruz (TX, Ranking Member), John Thune (SD, Ranking Member, Subcommittee on Communications, Media, and Broadband), Roger Wicker (MS), Deb Fischer (NE), Jerry Moran (KS), Dan Sullivan (AK), Marsha Blackburn (TN), Todd Young (IN), Ted Budd (NC), Eric Schmitt (MO), J.D. Vance (OH), Shelley Moore Capito (WV) and Cynthia Lummis (WY).

Senators Reintroduce Bill to Increase Rural Broadband Access

Sens. John Thune (R-SD) and Ben Ray Luján (D-NM), ranking member and chairman, respectively, of the Subcommittee on Communications, Media and Broadband, and Amy Klobuchar (D-MN) and Deb Fischer (R-NE) reintroduced the Rural Internet Improvement Act. This bipartisan legislation would streamline and bolster U.S. Department of Agriculture (USDA) Rural Development broadband programs and ensure that their funding is being targeted to rural areas that need it the most. Thune, Luján, Klobuchar and Fischer are all members of the Senate Committee on Agriculture, Nutrition and Forestry.


The Rural Internet Improvement Act would:


  • Streamline USDA’s broadband authorities by merging and codifying the popular Rural e-Connectivity Pilot Program (ReConnect) with USDA’s traditional broadband loan and grant program
  • Ensure ReConnect funding is going to areas most in need of reliable broadband service by limiting funding to areas where at least 90% of households lack access to broadband service
  • Enhance the participation of all types of broadband providers in the ReConnect Program by removing unnecessary barriers
  • Increase transparency by improving the challenge process in the ReConnect Program;
  • Improve the coordination between USDA and the FCC on broadband programs
  • Require USDA to enter into a memorandum of understanding with the FCC and NTIA to facilitate outreach to rural residents and businesses of available federal programs that promote broadband access, broadband affordability and broadband inclusion.
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