Today: The FCC Retracts Various Reports and White Papers, the FCC Revokes Lifeline Broadband Provider (LBP) Designations, the FCC closes Zero Rating Inquiries
FCC Retracts Various Reports and White Papers
The affected FCC Bureaus rescinded and set aside several Reports and White Papers issued earlier this year. First, the FCC rescinded the E-rate Modernization Progress Report.” The report focused on reforms in three major policy areas: (1) expanding E‐rate support for the equipment and services needed to deliver high speed Wi‐Fi to classrooms and libraries; (2) connecting all schools and libraries to high‐speed broadband services; and (3) ensuring the financial stability of the E‐rate program. See the Regulatory Mix dated 1/19/17. Second, it rescinded a White Paper entitled “Improving the Nation’s Digital Infrastructure” which sought to contribute to the ongoing discussion about a national infrastructure plan by highlighting three points relevant to communications. See the Regulatory Mix dated 1/23/17. Third, it rescinded a White Paper titled “Cybersecurity Risk Reduction” describing the risk reduction portfolio of the current FCC and suggesting actions that would continue to affirmatively reduce cyber risk in a manner that incents competition, protects consumers, and reduces significant national security risks. See the Regulatory Mix dated 1/20/17. As a result of the retractions or rescissions, none of the items will have any legal effect or other meaning going forward. The FCC gave no specific reasons for its actions. However, in a separate statement Chairman Pai explained that the FCC was retracting “midnight regulations.”
FCC Revokes Lifeline Broadband Provider (LBP) Designations
The FCC issued an order revoking the LBP designations of Spot On Networks LLC. Boomerang Wireless LLC, KonaTel Inc., STS Media, Inc., (FreedomPop), Applied Research Designs, Inc., Kajeet Inc., Liberty Cablevision of Puerto Rico, LLC, Northland Cable Television, Inc., and Wabash Independent Networks, Inc. See the Regulatory Mix dated 1/23/17. The Petitions will be returned to pending status and removed from streamlined treatment for further consideration. In reconsidering the designations, the FCC said that sufficient analysis of the potential for fraud, waste, and abuse had not been undertaken in the designation orders. Reconsideration will allow additional time to consider measures that might be necessary to prevent further waste, fraud, and abuse in the Lifeline program. The Order cites certain other procedural infirmities in the one or more of the applications, such as lack of required service on Tribal entities. Boomerang Wireless was given 60 days to transition its customers before its designation is deemed revoked. Commissioner Clyburn issued a statement lamenting the decision and saying “Rather than working to close the digital divide, this action widens the gaps.”
FCC Closes Zero Rating Inquiries
The FCC officially concluded its inquiries into the zero rating policies of AT&T, T-Mobile, Verizon, and Comcast. See our blog article FCC's Perceived “Take Out The Trash” Day Makes Multiple Changes posted 2/6/17. In support of the action, Chairman Pai issued a statement noting the popularity of these offerings and saying that “[g]oing forward, the Federal Communications Commission will not focus on denying Americans free data. Instead, we will concentrate on expanding broadband deployment and encouraging innovative service offerings.” Commissioner O’Rielly noted that by putting an end to these inquiries the FCC “recommits to permissionless innovation.”
The Regulatory Mix, TMI’s daily 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 a TMI Briefing.
