Carr Nominated as Next FCC Chairman
The Trump Administration has nominated current FCC Commissioner Brendan Carr to be the next chairman of the agency. Carr, who has been a commissioner since 2017, has already expressed his intent to reverse net neutrality rules, revise the Section 230 liability shield for online social media platforms, and expand the FCC’s Covered List to protect American companies from using equipment and services which threaten national security. Carr has also criticized the Biden Administration’s rollout of over $900 million in broadband subsidies and its spectrum policies as wasteful.
FCC Grants Waiver of Lighting Inspection Requirements
The FCC issued a Memorandum Opinion and Order granting Cooperative Electric (CE) a waiver from Section 17.47(b) of the Commission’s Rules regarding quarterly inspection of antenna structure lighting systems. While the FCC has primarily granted Section 17.47(b) waivers upon a demonstration of solely self-diagnostic features which make quarterly inspections unnecessary, CE was granted an exemption for a hybrid system. CE’s system includes self-diagnostic systems approved by the FCC alongside its own Network Operations Centers (NOC’s), which provide daily monitoring and alarm systems even without 24/7 staffing.
FCC Extends Freeze on Separation Rules
The FCC adopted a Report and Order that extends the freeze of the jurisdictional separations category relationships and cost allocation factors for local exchange carriers (LEC) for an additional six years. The “separation rules” are designed to prevent LECs from recovering the same costs from both interstate and intrastate jurisdictions, and instead require them to segment their regulated services to reflect the usage in each jurisdiction. Since 2001, the FCC has instituted continuing freezes on the separation rules to initiate comprehensive reform, to provide stability for carriers.
FCC Considers Undersea Cable Rules, Robocalls at Open Meeting
At the upcoming Open Meeting scheduled for November 21st, the FCC will consider a Notice of Proposed Rulemaking (NPRM) designed to initiate comprehensive reform of the federal undersea cable regulatory regime, which has not been updated since 2001. Other agenda items include considering a Report and Order that would revise compliance requirements with STIR/SHAKEN called ID authentication standards, as well as final service rules for the use of FM booster stations by FM and LPRM broadcasters.
State AGs Announce Support for Robocall Database Reforms
Attorneys General from 46 states and D.C. announced support for a Notice of Proposed Rulemaking designed to improve the functionality of the Robocall Mitigation Database, which hosts providers’ mitigation plans and certifications regarding STIR/SHAKEN caller ID authentication compliance. The proposed rules would require providers to update their Commission Registration System profile within ten days of any changes, as well as improve authentication procedures for filing and paying fees, to deter false or inaccurate information from being entered into the database. The AGs who penned the letter to the FCC all support more stringent authentication and filing requirements to ensure the database is accurate.
Jackson T. Cherner, Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright contributed to this article