Fair Access Coalition

A coalition of large special access purchasers is forming to prepare and submit comments supporting proposals in response to the FCC’s Tariff Investigation Order and Further Notice of Proposed Rulemaking. The rates for special services (including DS-1, DS-3 and Ethernet equivalents) provided by price cap ILECs—principally AT&T, Verizon and Century Link, remain stubbornly high, as compared to all other voice and data services.

Environmental Rule Violations

Last week the FCC’s Wireless Bureau issued letters to the Canadian National Railroad and four other entities notifying them of violations of the Commission’s environmental rules regarding the construction of communications towers.  Specifically, the Bureau found that CNR’s subsidiary, Illinois Central Railroad Company, submitted an application to register a tower and certified compliance with the FCC’s environmental regulations without completing the required environmental review.  The letters do not impose fines, but they warn that future violations could result in penalties from the Enforcement Bureau. 

Net Neutrality

The D.C. Circuit upheld the FCC’s Net Neutrality decision that imposed a series of rules to ensure an “open Internet” and reclassified broadband internet access service, including mobile broadband, as a telecommunications service subject to additional regulation and oversight under Title II of the Communications Act.  In its decision, the court rejected arguments that the FCC had failed to adequately support its decision to change its longstanding policy that Internet access service is an “information service” subject to limited FCC regulation.

Tower Siting Rules

The FCC’s Public Notice seeking comments on its proposed Amended Nationwide Programmatic Agreement for the Collocation of Wireless Antennas has been published in the Federal Register.  The proposed amendment seeks to address the deployment of small wireless antennas, including Distributed Antenna Systems (DAS), on or near historic sites.  Comments are due by June 27, 2016.

FirstNet Senate Hearing

The Senate communications, technology, innovation and the Internet subcommittee will hold a hearing at 9:30 a.m. on June 21, to examine FirstNet’s progress in meeting benchmarks, the cost of deployment, particularly in rural areas; and the public safety broadband network’s plans to become a self-funding entity.  Among the scheduled witnesses are FirstNet Chief Executive Officer Mike Poth and Maj. Gen. Arthur Logan, the single point of contact (SPOC) for Hawaii.