FCC December Open Meeting 

FCC Chairman Ajit Pai announced the final agenda for the FCC’s December 12, 2019, Open Meeting.  It includes the following items: 

• VoIP Symmetry – An Order on Remand and Declaratory Ruling that would promote continued investment in IP-based networks by clarifying that a local exchange carrier partnering with a VoIP provider may assess end office switched access charges only if the carrier or its VoIP partner provides a physical connection to the last-mile facilities used to serve the end user.
• 988: Suicide Prevention Hotline Number – A Notice of Proposed Rulemaking that would propose to designate 988 as the 3-digit number for a national suicide prevention and mental health crisis hotline. 
• 5.9 GHz Band Spectrum Use – A Notice of Proposed Rulemaking that would take a fresh and comprehensive look at the rules for the 5.9 GHz band and propose, among other things, to make the lower 45 MHz of the band available for unlicensed operations and to permit Cellular Vehicle to Everything (C-V2X) operations in the upper 20 megahertz of the band.  
• Facilitating Shared Use in the 3.1-3.55 GHz Band – A Notice of Proposed Rulemaking that would seek comment on removing the existing non-federal allocations in the 3.3-3.55 GHz band as a step towards potential future shared use between federal incumbents and commercial users.  
• Cable Service Change Notifications – A Notice of Proposed Rulemaking that would seek comment on modernizing requirements for notices cable operators must provide consumers and local franchise authorities.  
• Noncommercial & Low Power FM Station Licensing –A Report and Order that would revise the Commission’s Noncommercial Educational Broadcast Station and Low Power FM Station comparative processing and licensing rules.  

The FCC will also consider three (unspecified) enforcement items. 

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The Regulatory Mix Today:  FCC December Open Meeting, FCC to Launch 5G Fund for Rural  America, US Senate Commerce Committee Markup 

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FCC to Launch 5G Fund for Rural America 

FCC Chairman Ajit Pai announced that he intends to establish the 5G Fund, which would make up to $9 billion in Universal Service Fund support available to carriers to deploy advanced 5G mobile wireless services in rural America.  The money would be allocated through a reverse auction and would target hard-to-serve areas with sparse populations and/or rugged terrain. Of the $9 billion, at least $1 billion would be set aside specifically for deployments facilitating precision agriculture needs. 

“5G has the potential to bring many benefits to American consumers and businesses, including wireless networks that are more responsive, more secure, and up to 100 times faster than today’s 4G LTE networks,” said Chairman Pai.  “We want to make sure that rural Americans enjoy these benefits, just as residents of large urban areas will.  In order to do that, the Universal Service Fund must be forward-looking and support the networks of tomorrow.  Moreover, America’s farms and ranches have unique wireless connectivity needs, as I’ve seen across the country.  That’s why I will move forward as quickly as possible to establish a 5G Fund that would bring next-generation 5G services to rural areas and would reserve some of that funding for 5G networks that promote precision agriculture.  We must ensure that 5G narrows rather than widens the digital divide and that rural Americans receive the benefits that come from wireless innovation.”  

The 5G Fund would replace the planned Mobility Fund Phase II, which would have provided federal support for 4G LTE service in unserved areas.  A recent FCC staff report found that the 4G LTE coverage data submitted by providers is not sufficiently reliable for the purpose of moving forward with Mobility Fund Phase II.  It recommended that the FCC terminate the challenge process, audit the coverage filings of carriers in other FCC proceedings and take additional  steps to make sure that coverage data the FCC and the public rely on is accurate. 

US Senate Commerce Committee Markup 

The Senate Committee on Commerce, Science, and Transportation announced it will consider the following telecom-related bills at its December 11, 2019 executive session:    

• S. 2204, Data Analytics Robocall Technology Act, Sponsors: Sens. Mike Crapo, R-Idaho, Amy Klobuchar, D-Minn, which would allow the FCC to conduct a one-year pilot program enabling telephone companies to block automated calls they believe to be unlawful. 
• S. 2363, Telecommunications Opportunities for Workers Engaging in Real (TOWER) Infrastructure Deployment Act, Sponsors: Sens. Cory Gardner, R-Colo., Kyrsten Sinema, D-Ariz., which establishes the Telecommunications Workforce Development Advisory Council to (1) examine the needs of the telecommunications industry as it transitions to new technologies, and (2) generate recommendations to improve the industry's workforce development.  
• S. 2661, National Suicide Hotline Designation Act, Sponsors: Sens. Cory Gardner, R-Colo., Tammy Baldwin, D-Ill., Jerry Moran, R-Kan., which requires the FCC to designate 9–8–8 as the universal telephone number for a national suicide prevention and mental-health crisis hotline and requires that the Department of Health and Human Services and the Department of Veterans Affairs jointly report on how to make the use of 9–8–8 operational and effective across the country.  
• S. 2881, 5G Spectrum Act, Sponsors: Sens. Roger Wicker, R-Miss., John Thune, R-S.D., which would require the FCC to commence a public auction of the 3.7-4.2 gigahertz C-band by December 21, 2020.
   

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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.