August 2020, Volume 214 Serving the Industry for over 62 Years
Justice Department Moves to Block California Net Neutrality Law
On August 5, Reuters
reported that the U.S. Justice
Department is seeking a preliminary injunction to block California from being able to enforce its net neutrality law,
arguing that federal law preempts the state statute.
Approximately two years ago, the California Internet Consumer Protection and Net Neutrality Act of 2018. It implemented
many of the FCC’s own net neutrality rules, including prohibitions on blocking or slowing lawful traffic; zero-rating; and
not being transparent about "network management practices, performance, and commercial terms." It also prohibited preventing
users from using their own devices. Though signed into law, California agreed not to enforce its own state net neutrality
law until a final court decision on the FCC’s repeal of net neutrality. As we reported in a previous edition of the
BloostonLaw Telecom Update, in October 2019 the U.S. Court of Appeals for the District of Columbia
Circuit largely upheld the FCC’s repeal of its prior net neutrality order, remanding only three discrete issues for further
consideration by the FCC: the impact of its order on public safety, pole attachment rules, and Lifeline support. However,
it also found that the FCC’s express prohibition on state net neutrality laws was unlawful. Nevertheless, the Justice
Department reportedly said that it still believes California’s net neutrality law is preempted by federal law. [Source:
BloostonLaw Telecom Update, 08/12/2020]
Broadband Mapping Order Effective September 17
second report and order on broadband mapping was published in the
Federal Register on August 18, 2020. The
adopted specific reporting and disclosure requirements for fixed and mobile broadband availability and quality of service
data; and required fixed and mobile wireless providers to submit standardized propagation maps, propagation model details
and infrastructure information, among other things. The order is effective September 17, 2020. [Source: NECA Washington
USTelecom, et al. Discuss Broadband Mapping
USTelecom, AT&T, CenturyLink, Frontier, Windstream and Verizon
spoke with Wireline Competition
Bureau, Office of Economics and Analytics, and Wireless Telecommunications Bureau staff on August 12, 2020, regarding the
third FNPRM on broadband mapping. They
suggested the Commission require only a single category of reporting such as mass market services as opposed to requiring
providers to distinguish between residential and residential-and-business locations. They also suggested the FCC not
require latency reporting, asserting it is not required by the Broadband DATA Act. They also claimed verification of data
can be achieved via the challenge and crowdsourcing resources alone and additional measures are not necessary. [Source:
NECA Washington Watch, 08/18/2020]
FCC Retains 25/3 Mbps as Minimum Broadband Standard
The Federal Communications Commission is retaining its current definition of broadband as a
downstream speed of 25 megabits per second, and 3 Mbps for upstream traffic, although Democratic members said 100 Mbps
should be the standard. The move comes as the agency is preparing its yearly report on broadband deployment, which will
leave several other guidelines unchanged.
Full Story [Source: USTelecom
USAC Files Fourth Quarter USF Support Mechanisms Fund Size Projections
USAC filed the
Federal Universal Service Support Mechanisms
Fund Size Projections for the fourth quarter of 2020 on July 31, 2020. USAC indicated the total high-cost support
mechanism funding requirements are projected to be $1.248 billion. (
appendices)[Source: NECA Washington Watch,
Wireline Bureau Announces Proposed NANP Fund Size Estimate, Contribution Factor for Fiscal Year 2021
The Wireline Competition Bureau issued a
public notice on August 10, 2020, to announce
the proposed North American Numbering Plan Administration fund size estimate and contribution factor for fiscal year 2021.
The bureau said the proposed fund size will be $14,502,652, which includes $6M for the reassigned numbers database creation
costs, and the proposed overall contribution factor is 0.0001267. [Source: NECA Washington Watch, 08/11/2020]
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