Congress Questions FCC About Small Cell Appeals

Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Communications and Technology Subcommittee Chairman Mike Doyle (D-PA) sent a letter to FCC Chairman Ajit Pai today requesting information about what communications may have taken place between FCC and FCC licensees relating to legal challenges of the FCC’s small cell order (Order). “It has come to our attention that certain individuals at the FCC may have urged companies to challenge the Order the Commission adopted in order to game the judicial lottery procedure and intimated the agency would look unfavorably towards entities that were not helpful,” they wrote.  “If true, it would be inappropriate for the FCC to leverage its power as a regulator to influence regulated companies to further its agenda in seeking a more friendly court.” 

The Members requested that Chairman Pai provide answers to the following questions and provide the requested documents within three weeks of the FCC receiving normal operational funding:

• Did the FCC have communications with an FCC licensee relating to the legal challenges or potential legal challenges of the Order?
• If so, identify every person(s) and/or FCC employee(s) involved in the communication(s), describe in detail the communication(s), and provide all documents in your possession, custody, or control relating to such communication(s).
• Did any person at the FCC and/or FCC employee at the FCC urge an FCC licensee to challenge the Order?
• To the extent that an FCC licensee refused to challenge the Order, has any person at the FCC and/or FCC employee threatened or taken adverse action against such FCC licensee, including but not limited to delaying consideration of items or issue of interest to such person? 

Inteserra Briefing Service subscribers see Briefing dated 10/24/18.

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The Regulatory Mix Today:  Congress Questions FCC About Small Cell Appeals, Pai’s Statement On 28GHz Band Auction, Senators Seek Investigation on Wireless Carrier Location Sharing Practices

Pai’s Statement On 28GHz Band Auction

FCC Chairman Ajit Pai issued the following statement on the end of Auction 101, which will provide spectrum in the 28 GHz band for 5G wireless services: “The successful conclusion of our nation’s first high-band 5G spectrum auction is a significant step toward maintaining American leadership in 5G. But we can’t afford to rest on our laurels—and won’t. The FCC will continue to aggressively push more spectrum into the commercial marketplace. Our 24 GHz auction will begin soon, and we will then hold an auction of three more spectrum bands later this year. By making more spectrum available, promoting the deployment of wireless infrastructure, and modernizing our regulations—the three components of the FCC’s 5G FAST plan—we’ll ensure that American consumers reap the substantial benefits that will come from the next generation of wireless connectivity.”

Senators Seek Investigation on Wireless Carrier Location Sharing Practices

A group of 15 senators has urged the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) to investigate how wireless carriers allowed third parties – including data brokers and bounty hunters – to track Americans’ cell phones without consent.  “A recent investigation published by Motherboard… demonstrated not only that the wireless carriers are still failing to protect their customers’ private information, but also that location data can be purchased by stalkers, domestic abusers, and others,” the senators wrote. “It is clear that these wireless carriers have failed to regulate themselves or police the practices of its business partners, and, in failing to do so, have needlessly exposed American consumers to serious harm.”  They urged the FTC and FCC to conduct “broad investigations” into the business partnerships between wireless carriers and location aggregators.  “Specifically, your agencies should determine whether wireless carriers or aggregators knew, or should have known, that failing to demand and verify subscriber consent would result in individuals obtaining location data without the respective subscriber's knowledge or consent. We also ask your agencies to require the wireless carriers to notify every American whose location they shared or sold and to identify to those subscribers the specific companies that obtained their location information.”

The letter was signed by Sens. Ron Wyden, D-Ore., Chuck Schumer, D-N.Y., Ed Markey, D-Mass., Richard Blumenthal, D-Conn., Kamala Harris, D-Calif., Patrick Leahy, D-Vt., Jeff Merkley, D-Ore., Ben Cardin, D-Md., Sheldon Whitehouse, D-R.I., Amy Klobuchar, D-Minn., Kirsten Gillibrand, D-N.Y., Cory Booker, D-N.J., Jack Reed, D-R.I., Tina Smith, D-Minn., and Bernie Sanders, I-Vt., wrote to the FTC and FCC, asking for a full investigation of the data-sharing arrangements that allowed for the apparently widespread sale and sharing of Americans’ cell phone locations.

Earlier this month, House Energy and Commerce Committee leaders sought information on this issue from various wireless providers.   See the Regulatory Mix dated 1/16/19.

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The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.

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