INCOMPAS Calls for Pole Attachment Reform at SHLB Symposium

Last week, INCOMPAS Executive Director of Public Policy Christopher L. Shipley participated in a stakeholder panel at the Schools Health and Libraries Broadband (SHLB) Coalition’s Pole Symposium.

The SHLB Coalition hosted this event to bring greater visibility to the efforts of state broadband leaders as they address issues around pole attachment rates and practices. Non-profit and commercial broadband providers continue to raise concerns that current pole attachment practices could make it difficult to fulfill the nation's commitment to build out broadband networks to all homes and anchor institutions by the end of this decade.

The symposium brought together interested parties to discuss how these federal rules and state working groups are performing and whether other states should take similar action. SHLB has recommended that states set up working groups or task forces to help expedite dispute resolution and provide a neutral forum for processing pole replacements and attachments quickly and safely, an idea that the National Telecommunications and Information Administration (NTIA) included in its Notice of Funding Opportunity (NOFO) for the Broadband Equity, Access and Deployment (BEAD) program.

Shipley urged the FCC to take action in its currently open Further Notice of Proposed Rulemaking (FNPRM), setting defined timelines for the make-ready process for large pole orders and similarly urged the FCC to prohibit limitations on pole attachment applications.

INCOMPAS Supports Commerce Spectrum Bill

Ahead of Tuesday's Senate Commerce Committee Markup on S. 4207, the Spectrum and National Security Act of 2024, INCOMPAS submitted a letter of support for the legislation and released the following statement from INCOMPAS CEO Chip Pickering.

"It has been well over a year since the FCC's spectrum auction authority has lapsed. This comes at a time when the global race for innovation has only sped up with no slowdown in sight, putting us at grave risk for falling behind China. This package not only addresses our need for auction authority but it also fulfills the critical resources needed to fund the Affordable Connectivity Program and Rip and Replace programs. Both of these are essential to bridging the digital divide and ensuring our nation's networks are secure. It is critical that the Committee move forward with the Chairwoman's bill and work expeditiously to make this law."

FCC Denies Request for Stay of Open Internet Order

The FCC's Wireline Competition Bureau issued an order denying USTelecom, et al.’s petition seeking a stay pending judicial review of the effectiveness of the declaratory ruling, order, report and order, and order on reconsideration that reclassified broadband as Title II.

The Bureau said petitioners’ arguments as to why the FCC’s classification decision should be analyzed under the major-questions doctrine are not persuasive and failed to show why they would suffer irreparable harm.

The U.S. Court of Appeals for the 6th Circuit was chosen to hear the case, and the FCC has filed a motion to move the case to the D.C. Circuit based on the fact that the Circuit has heard the three related cases and this order is a continuation of those issues. The ISP trade associations are seeking a stay from the 6th Circuit, and the briefing schedule has been issued for both the FCC's and ISPs' motions, with a full briefing to be completed by June 21.

34.4% USF Contribution Factor Proposed for 3Q 2024

The FCC’s Office of the Managing Director announced that the proposed Universal Service Fund (USF) contribution factor for third quarter of 2024 will be 34.4%, up from 32.8% in the current quarter. Absent FCC action, the proposed contribution factor will be deemed approved within 14 days.

FCC Technological Advisory Council Meeting Set for June 21

The next meeting of the FCC’s Technological Advisory Council (TAC) is scheduled for Friday, June 21, at 10 a.m. ET at FCC headquarters. This meeting also will be available online at www.fcc.gov/live. 

The TAC is comprised of a diverse group of leading technology experts. It provides technical expertise to the FCC to identify important areas of innovation and develop informed technology policies supporting the United States’ competitiveness in the global economy. The TAC will consider and advise the FCC on topics such as continued efforts at looking beyond 5G advanced as 6G begins to develop so as to facilitate U.S. leadership; studying advanced spectrum sharing techniques, including the implementation of artificial intelligence and machine learning to improve the utilization and administration of spectrum; and other emerging technologies.

FCC Consumer Advisory Committee to Meet on June 26

The FCC's Consumer Advisory Committee (CAC) will hold its next meeting on Wednesday, June 26, at 11 a.m. ET. The meeting will be held virtually at www.fcc.gov/live.

At this meeting, CAC members are expected to:

• Discuss current and emerging challenges and opportunities in the area of artificial intelligence (AI)
• Receive updates from the working groups
• Address any other topics relevant to the CAC’s work

House Appropriations Panel Approves $105.8 Million for ReConnect

The House Appropriations Committee’s Agriculture, Rural Development, Food and Drug Administration and Related Agencies Subcommittee agreed by voice vote last Wednesday to forward to the full committee fiscal year 2025 appropriations legislation that includes an additional $105.8 million for the Rural Utilities Service’s ReConnect broadband grant and loan program.

The bill would earmark up to $5.8 million of the ReConnect funding for specific community projects. President Biden’s 2025 budget proposal included $112 million for the ReConnect program.

The House appropriations measure would require that at least 90% of the households in an area to be served by a ReConnect project lack access to broadband at 25 Mbps downstream and 3 Mbps upstream and that, “to the extent possible,” funded projects build out service at speeds of at least 100 Mbps downstream/20 Mbps upstream. It would prohibit funding projects that would overbuild facilities built with RUS broadband funding unless those facilities are not providing service at speeds of at least 25/3.

In addition the House measure includes:

• $690 million for telecommunications cost-of-money direct loans, compared to the administration’s request for $335.7 million.
• $35.5 million for distance learning and telemedicine grants, compared to the administration’s request for $60 million. The House bill would earmark up to $10.469 million for specific community projects.
• $20 million for the Community Connect Grant Program

Bill Introduced to Help Small Business Leverage AI Tools

Sen. Maria Cantwell (D-WA), Chair of the Senate Committee on Commerce, Science and Transportation, and Sen. Jerry Moran (R-KS), a senior member of the Committee, introduced the bipartisan Small Business Artificial Intelligence Training and Toolkit Act of 2024. The bill would authorize the Department of Commerce to work with the Small Business Administration to create and distribute AI training resources and tools to help small businesses leverage AI in their operations.