Starting this week there have been some staff changes in FCC chairman Ajit Pai's office, comprising two additions, three exits--though only to other parts of the commission--and an expanded role.  

C. Sean Spivey is joining Pai's staff as wireless and international adviser, succeeding Aaron Goldberger, who had been detailed from the Wireless Telecommunications Bureau and is heading back there. 

Allison Baker has been named economic advisor. 

Wireline Advisor Nirali Patel is returning to the Wireline Competition Bureau, with rural broadband advisor Preston Wise taking on an expanded role as wireline advisor. 

Melissa Kirkel, who has been special counsel on wireline issues is also returning to the Wireline Competition Bureau.  

“I continue to be impressed by the depth of talent we have at the FCC and the number of outstanding public servants who are willing to take on new challenges when asked to serve,” said Pai.  

Saying he was cleaning up a mess made by the previous commission, FCC chairman Ajit Pai has circulated a draft order that would cut the new minimum mobile broadband data capacity provided to low income residents by the Lifeline subsidy from 11.75 GB to 4.5 GB. 

The current minimum is 3 GB and was scheduled to more than triple in Dec. 1 per a formula approved back in 2016 by the Tom Wheeler FCC. 

The order would revise the methodology, said Pai, to ensure "predictable, reasonable yearly updates" rather than the "drastic year-over-year increases that could impact the ability of Lifeline carriers to continue providing affordable service." 

Related: Pallone Stumps for Massive Broadband Investment

The FCC stepped in last year, the first time the 2016 formula kicked in, to reduce the increase from 2 to 3 GB, rather than the 2 to 8 GB the 2016 formula would have mandated. Pai wants to make the revision to the methodology permanent. 

Related: Bipartisan Bill Would Goose Broadband Buildouts 

Lifeline provides monthly discounts of about $10 dollar on broadband and phone service meeting certain minimum standards updated annually. But Pai said the current data capacity formula for updating the standards result in dramatic swings that risk pricing the service out of range of Lifeline-eligible residents. 

Pai said the methodology change would: "(1) ensure greater predictability in the standard from year-to-year for Lifeline subscribers and providers; (2) better account for the needs of smaller-than-average households; and (3) enable the Wireline Competition Bureau to rely on the latest data sources in making its calculations."

FCC chairman Ajit Pai said he thinks the entertainment category that will see the most 5G-fueled growth is gaming. 

That was one of his main messages in a virtual speech to the Federation of Indian Chambers of Commerce Thursday (July 9), where he said 5G would mean "no more buffering" or "slow load times" or "midstream interruptions," plus the rise of AR and VR.

The chairman said he agreed with market analyst Matthew Ball that gaming could be the entertainment space’s biggest beneficiary from 5G.  

Related: Anthem Strikes NCTC Deal for Game Plus

Ball argues that gaming's growth is more closely tied to technological changes than TV, movies, or music. While streaming replaced digital downloads, which replaced CDs, which replaced cassettes," Pai said, new tech "unlocks additive growth" in gaming and grows the existing pie rather than replaces it. "Console gaming has held relatively steady for 20-plus years, while PC-gaming has become almost as big as console gaming," Pai said. "Mobile gaming, which didn’t exist 15 years ago, is bigger than both combined. With 5G and other technological advances, like the aforementioned VR, we can expect to see entirely new gaming experiences." 

Pai said that 5G-fueled growth included both for consumers already spending $120 billion per year on digital games worldwide in 2019--three times as much as was spent on movies when folks were still going to them--as well as for the millions watching the gamers gaming as a spectator sport. 

Pai pointed to the esports auto racing carried on major networks when the pandemic scrapped the in-person races. Then there are the 200 million people who log more than 50 billion hours watching gaming content on YouTube annually. Ticking off more stats, he said that Twitch had more than 7 million users who watched over 1.6 billion hours of content.  

Related: eSports Flip the Script

The chairman also pointed to efforts to include esports in international sporting competitions including the Olympics and Asia Games. 

The fact that professional games can earn thousands of dollars a month gives hope to millions of parents, including himself, said Pai, "who have spent the last four months watching their kids play video games seemingly nonstop." 

The ultimate beneficiaries of the growth in gaming will be the marketplace and consumers, he said.   

"CEO Reed Hastings once said that he believes Netflix’s biggest competitor is the video game Fortnite," said Pai. "When Netflix is trying to figure out how to offer a better value proposition than not only cable multisystem operators and other streaming video services, but also video-game makers, all competitors will have to step up their efforts," he said. And while that free market cycle of competition-driven creativity and investment and lower prices may be daunting for media companies, it is great for consumers, he said.

FCC Chairman Ajit Pai says he will follow the facts and the law, but will not prejudge a petition being filed by the Trump Administration seeking the FCC's help in regulating social media. He also would not say whether he thought the Sec. 230 exemption from civil liability for third-party postings needed reforming, as the petition seeks. His colleagues were not simmilarly reticent. 

Pai was grilled by Sen. Richard Blumenthal (R-S.D.), and then probed by Sen. John Thune (R-S.D.), on his view both om whether Sec. 230 reform is warranted, and whether Congress would be the better venue for any change, if necessary. 

Under questioning by Thune, all the commissioners but Pai said they thought Sec. 230 was ripe for reform-the chairman declined to "opine" before he saw the petition, but also said he had not formed an opinion on the issue--and that Congress, not the FCC, was the best place to do that, though Commissioner Brendan Carr suggested the FCC and Justice also had roles. 

Blumenthal said he thought the order was an assault on the credibility and legitimacy of the First Amendment and the FCC, "directing you to do something that you simply do not have the authority to do." 

He said that if Pai cared about his agency, its integrity and its authority, "you will stand up for it and avoid the President's effort to engage you in retailiating against his political rivals and against tech companies who happen to be on the other side of issues from him." 

Pai said he could not "dispel the regulatory overhang" because he had not seen the petition, after which he would follow the facts and the law. 

But when asked by Sen. Ted Cruz (R-Tex.), all the commissioners agreed Big Tech had a transparency problem, though Commissioner Geoffrey Starks said the key would be for the FCC to see the petition as quickly as possible so it did not become an overhang on the election. 

Related: Starks Tells NTIA to Bring On Petition

Starks has called on the Trump Administration to file the petition sooner than it initially signaled, but also signaled himself he does not think the FCC has the authority to do what the President Wants. 

Cruz said if the FCC could simply provide for more transparency in terms of how speech was being blocked or throttled by edge providers it would "transform" the ability to address what he said was the problem of censorship of conservative speech.

FCC chair Ajit Pai said that in its response to the COVID-19 pandemic, the commission chose "markets over mandates," and signaled he is convinced that was the right way to go. 

Pai was speaking, remotely, at a Federalist Society COVID-19 and the Law Conference Thursday (June 11). He also cited past FCC deregulatory items--scrapping net neutrality rules, deregulating business broadband--as reaping COVID-19 benefits, the false, foolish and hysterical opposition to those moves notwithstanding. 

Related: COVID-19 Hits TV Industry

Pai said that the big challenge was pursuing goals on behalf of the public and with broadband networks that are mostly privately owned and operated. The deregulatory Pai said he certainly understood that under the circumstances people would be tempted to look for " any lever they can find to force private companies to carry out the government’s goals." 

But he said that guided by history, the law and economics 101, " the Commission decided to put its trust in markets before mandates." 

That translated to the Keep Americans Connected Pledge, which more than 750 broadband providers signed. "First, no consumer would lose service due to an inability to pay a bill because of the disruptions associated with the pandemic. Second, no one would be charged late fees because of the pandemic. And third, WiFi hot spots would be opened up to anyone who needed them," he told them.   

Related: Pai Provides House with COVID-19 Plan Update

He called that an overwhelming response--including pledges from all the major ISPs within 48 hours--and one that he said led to faster progress than " command-and-control" regulations. 

And Pai suggested those companies had not responded principally because the request came from their principal regulator. "Why are these private companies acting in the public interest? I think the biggest factor is that these decisions are made by people. And in trying times, most people want to do the right thing, not just for their company, but for their fellow citizens and for their country." But he did not suggest it was unalloyed altruism, either. 

"I also think that the market creates powerful incentives for companies to do the right thing. If your company doesn’t step up for you, or even worse, engages in bad behavior, consumers will be much more likely to turn to the competition in the weeks, months, and years ahead," he argued. 

Related: FCC Provides More  COVID-19 Spectrum Usage

Pai also argued that the FCC's deregulatory moves before anyone had ever heard of COVID-19 helped cope with the pandemic. He pointed to the 2018 Restoring Internet Freedom order eliminating net neutrality rules, a move he has said before and said again Thursday led to a boost in network investments, which are paying off as capacity becomes that much more important in a stay-at-home world. 

He also argued that deregulating the business data services market, he called it "relaxing necessary command and control regulations," also boosted investment in networks.  

He said the hysterical predictions that such deregulation would "herald the end of the internet as we know it" were "as false today as they were foolish then." 

Federal Communications Commission chairman Ajit Pai is declining to weigh in on President Donald Trump's tweets about shooting protesters and their labeling by Twitter as content glorifying violence, a move that upset the president. But Pai did comment on his own related tweet on the issue, saying this week he was speaking to the larger issue of platform transparency. 

Related: Trump Issues Social Media Executive Order

In that May 29 tweet following the president's, Pai had questioned Twitter's labeling standards in this tweet:

[embed]https://twitter.com/AjitPaiFCC/status/1266368492258816002[/embed]

Back in fall 2017, and perhaps even earlier, the chairman said this week,, he has identified the issue of consumers “long wondering about the transparency of these platforms, how they make decisions and do they apply the rules consistently.” 

Pai said he had no personal view on any particular tweet, but that his interest now as then is about the transparency, or lack of it, on social media platforms such as Twitter. Over the past several years, he said, FCC members from both sides of the aisle "wonder how these companies, which have increasing importance in our public discourse, make some of these decisions." 

Twitter has begun labeling violent or fact-challenged tweets, even ones citing conspiracy theories about 5G, a content moderation decision that has raised the issue of how much civil liability protection social media sites should continue to enjoy. 

Related: Trump Social Media Executive Order Gets Mixed FCC Review

In the wake of Twitter's labeling of the president's tweets, Trump has issued an executive order mandating the Commerce Department petition the FCC to find a way to regulate social media content moderation of their platforms as a way to prevent what the White House labels political censorship. 

Pai said he won’t prejudge that issue. The petition is expected to be filed before the end of the month.  

FCC chairman Ajit Pai is praising the President's signature on the Brodaband DATA Act, but suggested, as he has in the past, that without Congress' signature on some checks to pay for it, the legislation will hurt, not help, better broadband availability mapping. 

That came in a statement on the Act's official debut as law late Monday (March 23). 

Related: Pai Says FCC Lacks Resources to Implement Broadband Data Act 

The Act requires the FCC to collect more granular data on where broadband is and isn't and to "establish a process to verify the accuracy of such data." 

"I applaud the President for signing the Broadband DATA Act and thank the leadership of the Senate and House Commerce Committees for their bipartisan work in moving this legislation through Congress," he said. He also said it confirmed the FCC's Digital Opportunity Data Collection approach, already in progress, to come up with more granular data that can be vetted by the public. 

But he said it is imperative that Congress provide the appropriations necessary to implement the act ASAP, as he pointed out he has warned "for some time." 

The Act prohibits the Universal Service Administrative Company, which is already funded, to carry out the mapping Congress requires. Given that, said Pai, "if Congress does not act soon, this well-intentioned legislation will have the unfortunate effect of delaying rather than expediting the development of better broadband maps."

Jonathan Spalter, president of USTelecom, agreed it was time to free up the funds.

“At a time when the nation is collectively relying on its communications infrastructure more than ever, and the indispensability of broadband to families, businesses and educators is coming into full view, modernizing our broadband maps to increase connectivity and narrow the gaps in rural America couldn’t be more necessary," Spalter said.  

“This was a bipartisan effort from start to finish and it shows in the final product. USTelecom members are proud to have played our part in helping to shape this game-changing mapping plan," he added. "Next step: Congress should fully fund this data-driven project so that future federal broadband spending in our nation will be based on the most accurate and granular map we’ve ever had. That’s a big deal.”

Communications companies big and small have signed on to a "Keep Americans Connected Pledge" at the request of FCC chairman Ajit Pai and in the face of the COVID-19 coronavirus pandemic. 

Pai talked with broadband service providers and trade associations Thursday (March 12) and asked them, "in order to ensure that Americans do not lose their broadband or telephone connectivity as a result of these exceptional circumstances, to agree to the following for at least the next 60 days: 

(1) "not terminate service to any residential or small business customers because of their inability to pay their bills due to the disruptions caused by the coronavirus pandemic; 

(2) "waive any late fees that any residential or small business customers incur because of their economic circumstances related to the coronavirus pandemic; and 

(3) "open its WiFi hotspots to any American who needs them." 

“As the coronavirus outbreak spreads and causes a series of disruptions to the economic, educational, medical, and civic life of our country, it is imperative that Americans stay connected," said Pai. "Broadband will enable them to communicate with their loved ones and doctors, telework, ensure their children can engage in remote learning, and—importantly—take part in the ‘social distancing’ that will be so critical to limiting the spread of this novel coronavirus."  

"I applaud the broadband companies that have decided to make changes to their business practices to support the response to COVID-19," said FCC Commissioner Geoffrey Starks. "This is a great start. Now, the FCC needs to join the effort and implement the steps that I outlined in my Senate testimony on Tuesday and highlighted throughout this week."  

Democratic Commissioner Jessica Rosenworcel also praised the signatories, but also wanted more. 

He said the FCC continues to talk with service providers about being able to keep up with changes in usage patterns--as in lots more traffic--during the pandemic to make sure it does not impair network performance. 

“We are confronting an unparalleled global public health crisis," said NCTA-The Internet & Television Association President Michael Powell. "This is a moment that calls for society to work together and for every business and organization to do what it can to help mitigate the dangerous effects of COVID-19 and the risk it presents to our citizens. Social distancing has become an essential part of that response, which is leading to millions of people – by far more than typical – working and learning from home. NCTA’s member companies, America’s broadband leaders which provide fast and reliable internet service to over 72 million homes and businesses, are working hard to ensure that our vital network connection to the internet remains robust and accessible."

“Rising to the challenge and meeting the moment; that is the message our small, competitive local broadband and communications service providers are sending today by joining the FCC pledge to “Keep Americans Connected” during the Coronovirus challenge," said INCOMPAS CEO Chip Pickering. "Without question, broadband is a critical, lifesaving service for our customers. Local providers serve schools, hospitals, health clinics, small businesses and families that depend on fast reliable internet access and communications services now more than ever.” 

“ACA Connects applauds FCC Chairman Ajit Pai for his vision and guidance at a time when the country is facing a global health crisis caused by the coronavirus pandemic," asid ACA President Matt Polka. "The challenges facing our country require a new level of teamwork between broadband service providers and government. We at ACA Connects endorse Chairman Pai’s ‘Keep Americans Connected’ pledge, and we know that all ACA Connects members are committed to helping their communities stay strong amid so much uncertainty."

“CCA members care about the health and safety of their customers," said Steven K. Berry, president of the Competitive Carriers Association. "I thank Chairman Pai and the Commissioners for their commitment to ensuring consumers and small businesses maintain connectivity, through efforts like the Keep Americans Connected Pledge, as the nation weathers the coronavirus pandemic. The ability to connect with public safety, educational resources and family is absolutely critical during this time, and I thank the Commission for keeping the public interest top of mind. We will continue to work with the FCC, Administration, and Congress on this and other measures to address the pandemic crisis.” 

“The wireless industry applauds Chairman Pai and the Administration for taking important proactive steps to keep Americans connected," said CTIA President Meredith Attwell Baker. "We’re committed to serving our customers and continuing to provide access to the world’s most reliable wireless networks."

The Republican leadership on the House Energy & Commerce Committee were pleased with the pledge effort.

"As COVID-19 continues, Energy and Commerce Committee Republican Leader Greg Walden (R-OR) and Communications and Technology Subcommittee Republican Leader Bob Latta (R-OH) praise the Federal Communications Commission (FCC)’s Keep Americans Connected pledge and the steps taken by individual private companies to make sure Americans have access to internet during this time. 

“In times of need, we need all hands on deck to protect the public health and safety of communities across the nation," said House E&C ranking member Rep. Greg Walden (R-Ore.) and Communications Subcommittee ranking member Rep. Bob Latta (R-Ohio). "As more people begin to work, learn, and receive health care at home during this coronavirus pandemic, we must also make sure that people can access vital broadband services. 

 “We applaud the FCC for launching their ‘Keep Americans Connected’ pledge to incentivize providers to waive late fees for low-income families and small businesses, and expand access to Wi-Fi hotspots. We also thank private companies who have taken individual efforts to improve broadband access for communities who need it most during this time. 

 “We hope to continue this momentum to expand broadband access as Congress takes emergency measures to combat COVID-19. This is a tremendous opportunity to work in a bipartisan way to improve connectivity issues. We will continue to work with our colleagues, the FCC, and the private sector to bridge the digital divide so all Americans can stay connected.” 

ISPs have already taken some of those steps, but the FCC said the following companies have agreed to take the pledge. 

ACIRA – Powered by Farmers Mutual Telephone Company & Federated Telephone, Allstream Business US, AlticeUSA, Antietam Broadband, Atlantic Broadband, AT&T, BBT, BOYCOM Vision, Burlington Telecom, Cable One, Central Arkansas Telephone Cooperative, CenturyLink, Charter, Cincinnati Bell, Citizens Connected, Comcast, Consolidated Communications, Cox Communications, Digital West, East Ascension Telephone Company, Education Networks of America, Emery Telecom, Farmers Telecommunications Cooperative, FirstLight, Frontier, Google Fiber, Grande Communications, Granite Telecommunications, Great Plains Communications, GWI, Hiawatha Broadband, Hill Country, IdeaTek Telcom, Inteliquent, Lafourche Telephone Company, Lakeland Communications, Long Lines Broadband, Mammoth Networks/Visionary Broadband, Mediacom, MetTel, Nex-Tech, Ninestar Connect, Northwest Fiber, Orbitel Communications, Pioneer Communications, Premier Communications, Range Telephone Cooperative, RCN, Reserve Telephone Company, Sacred Wind Communications, Shawnee Communications, Socket Telecom, Sonic, Sprint, Starry, TDS Telecom, TelNet Worldwide, T-Mobile, TracFone Wireless, Uniti Fiber, US Cellular, Vast Broadband, Verizon, Vyve Broadband Investments, Waitsfield and Champlain Valley Telecom, Wave Broadband, West Telecom Services, Windstream, and ZenFi Networks. And the trade associations ACA Connects, Competitive Carriers of America, CTIA, INCOMPAS, NCTA—The Internet and Television Association, NTCA—The Rural Broadband Association, USTelecom, and WISPA have all endorsed the pledge. 

FCC chairman Ajit Pai is calling for the commission to wrap up a vote on his recent telehealth proposal given the new impetus provided by the COVID-19 coronavirus pandemic. 

The chairman tweeted that spur Friday (March 13). 

[embed]https://twitter.com/AjitPaiFCC/status/1238460620762157063[/embed]

The draft would fund eligible Rural Health Care Program services through the current funding year by freeing up unused funds from prior years and waiving the cap on upfront payments and multi-year commitments. Pai those represent unnecessary reductions in the funding that need commission action to prevent.  

Some House and Senate Democrats have been pushing the FCC to move aggressively to address the telehealth, telework, and tele-education challenges of coronavirus related quarantines and "social distancing."

FCC chair Ajit Pai, usually eager to free up midband spectrum wherever he can get it for 5G, reiterated Monday (March 9) that he opposes the reallocation and auction of the T-Band (470-512 MHz) spectrum currently used for public safety communications.  

Speaking to the International Association of Firefighters convention in Washington Monday (March 9), Pai made it clear he has no intention of auctioning or reallocating the T-band, but pointed out that mandate came from Congress. 

"For decades, this spectrum has been used by public safety licensees in 11 of our largest cities," he said. "But back in 2012, Congress passed legislation requiring the FCC to reallocate and auction this spectrum. 

In the 2012 the Middle Class Tax Relief and Job Creation Act, congress required the FCC to reallocate and auction the spectrum, which has been used for decades by public safety licensees, and to fund the relocation of those users elsewhere.  

Related: Pai Joins Call for Axing T-Band Auction

"The agency has taken a hard look at the T-band," said Pai. "And we’ve concluded that moving forward with an auction of it wouldn’t be feasible. The costs to relocate public safety licensees to other spectrum would probably be much higher than any potential auction revenue we’d get from companies bidding to win licenses for this spectrum. 

Because of these concerns, I called on Congress last December to repeal the T-band auction mandate. Currently, there are bills pending in Congress that would do just that. I’m hopeful that they can get the job done soon."  

Sens. Ed Markey (D-Mass.), Chuck Schumer (D-N.Y.), Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), and Bob Casey (D-Pa.) last fall introduced the Don’t Break Up the T-Band Act, which repeals the auction. Look for the bill's backers to team up with those in-town first responders this week to push for passage.  

Pai's opposition to that auction notwithstanding, and citing the fact that there is still a legislative mandate to auction the T-Band by 2021, the FCC in December suspended the processing of applications for T-Band licenses, including renewals, which likely helped light a fire on the Hill.  

FCC chair Ajit Pai Friday said he is scheduled a vote at the March 31 meeting on a proposal to mandate the STIR/SHAKEN (the FCC used to call it SHAKEN/STIR) caller authentication regime, which is a way to allow for default blocking of robocalls. The proposal would give carriers, including cable ops delivering IP phone service, until June 30, 2021 to comply. 

The FCC is under a congressional mandate to require STIR/SHAKEN, which it had initially said was voluntary, but with the expectation that all carriers would volunteer.  

Related: Broadband Associations Push for Robocall Safe Harbor 

"In December 2019, Congress passed and the President signed into law the TRACED Act, which directs the Commission to require voice service providers to implement STIR/SHAKEN in their networks within 18 months of the law’s enactment," Pai's office pointed out in announcing the upcoming vote. 

Related: Pai Warns of SHAKEN/STIR Mandate 

"Last year, I demanded that major phone companies voluntarily deploy STIR/SHAKEN, and a number of them did," said the chairman. "But it’s clear that FCC action is needed to spur across-the-board deployment of this important technology. There is no silver bullet when it comes to eradicating robocalls, but this is a critical shot at the target.” 

The item also includes a Notice of Proposed Rulemaking on whether to give smaller carriers one-year extensions per the TRACED Act, which among other things requires such caller authentication to be provided fee to customers, something the FCC also anticipated but did not mandate in allowing such default robocall blocking by carriers. 

By Gary Arlen

Initiating a new "accelerated relocation payments" process, FCC Chairman Ajit Pai previewed his proposal today for a C-Band spectrum auction that would trigger up to $9.7 billion to incumbent satellite operators who use that bandwidth, with initial payments beginning by late next year. Pai said the auction will start on December 8, 2020.

In a speech at the Information Technology and Innovation Foundation in Washington, Pai offered a preview of the proposed rulemaking, which he will unveil in full tomorrow (Friday, Feb. 7) in preparation for an FCC vote at the Commission's February 28 open meeting.

Pai's draft rules would make the lower 280 megahertz of the C-band (3.7-3.98 GHz) available for flexible use, including 5G. The 20 megahertz above that (3.98-4 GHz) would serve as a guard band. Existing satellite operations (primarily used to carry video programming to cable TV headends) would be repacked into the upper 200 megahertz of the band (4.0-4.2 GHz). band, with relocation costs covered by the auction proceeds, and paid directly by winning bidders to the satellite carriers.

Satellite operators could receive accelerated relocation payments if they are able to clear the lower portion of the C-band on an speeded-up timeline, Pai explained, thus advancing the national priority of making spectrum available for 5G deployment more quickly.

Pai said that these payments "would create powerful incentives for incumbent operators to expedite the transition." His accelerated timeframe calls for clearing the lower 100 MHz of the C-band in 46 of the nation’s top 50 Partial Economic Areas by September 2021 and reclaiming the remaining spectrum by September 2023.

The long-simmering proposal to use broadcast "white spaces" for rural broadband delivery using TV channels 2 through 35 will be on the Federal Communications Commission's next meeting agenda, opening a new way to supply a "critical role in providing broadband services to rural and underserved areas,” according to FCC chairman Ajit Pai, who unveiled the plan Wednesday (Feb. 5).

"The FCC has taken steps to enable the use of white spaces over the years, and this new proposal would further help bridge the digital divide while protecting TV stations," Pai said in a statement that unveiled his plan to introduce a Notice of Proposed Rulemaking at the FCC's Feb. 28 meeting.

The National Association of Broadcasters, which has been skeptical of white spaces plans since they were first proposed, quickly offered a conciliatory response.

“NAB appreciates the consensus-based approach the FCC is taking in this proceeding," said NAB executive VP of communications Dennis Wharton. "We look forward to working with the Commission and other stakeholders to develop final rules that will allow more flexibility for rural white spaces operations while protecting broadcasters.”

Pai's new proposal comes almost one year after the FCC put its white spaces agenda on hold while it encouraged Microsoft and broadcasters to hash out a spectrum sharing agreement for wireless broadband. At that time, Pai (during Congressional testimony) cited the “tricky” technical and policy matters the agency needs to address even as Microsoft and TV stations try to find a middle ground on the band’s use.

Microsoft, which originally proposed the rural broadband white spaces plan in 2017 had no immediate comment. When it first revealed its white spaces concept, the company cited a July 4, 2022, goal for the Microsoft plan to "close the rural broadband gap." At that time, Microsoft contended that a nationwide plan "could cost less than $12 billion" and be rolled out within five years. It cited analyses indicating that 80% of people who live in sparsely populated U.S. areas would benefit from such white spaces service via broadcast airwaves.

Pai's Plan Envisions Greater Reach in Rural Regions

Pai said his proposal will "increase the minimum required separation distances for white space devices operating at higher power" to protect other authorized services from interference. His plan calls for permitting higher transmit power and higher antennas for fixed white space devices in rural areas.

Such changes would allow white space devices to reach users at greater distances, enabling improved broadband coverage. Higher power would also enable signals to better penetrate foliage, buildings, and other obstacles. Pai's plan would also permit higher power mobile operations within geo-fenced areas.

The chairman pointed out that the NPRM envisions introduction of broadband technology that would facilitate the development of "innovative narrowband Internet of Things-based services."

Last month Microsoft told the FCC that wireless internet providers have been able to boost their throughput tenfold using TV white spaces. At a meeting between FCC and Microsoft executives, the company urged the Commission to move ahead with plans for a rulemaking that had been lingering since May 2019.

Related: Microsoft Pushes FCC To Act on White Spaces Petition 

Microsoft and NAB have reportedly come to an agreement on four of the five proposals in Microsoft's plan, but broadcasters still oppose a plan to authorize higher power operations on the first-adjacent channel to broadcasters licensed service.

In 2018 at congressional reauthorization hearings, Pai vowed that the FCC would be aggressive about freeing up TV band white spaces for rural broadband "if the facts warrant and the law allows it."

Most commissioners concurred at that time, although commissioner Michael O'Rielly said he would continue his support of unlicensed white spaces "but not at the expense of full-power broadcast channels."

FCC Chairman Ait Pai is the latest to join an A-list lineup for the Free State Foundation's annual policy conference in Washington, Broadband Beyond 2020: Competition, Freedom and Privacy.

Related: Free State Unveils Key Keynoters

Pai will deliver a luncheon speech March 10 at the National Press Club in Washington. 

The other speakers include Deputy Attorney General Jeffrey Rosen, FCC commissioners Michael O'Rielly and Brendan Carr, former FCC commissioner Mignon Clyburn, Federal Trade Commissioner Christine Wilson, and Jim Cicconi, senior EVP, AT&T. 

Topics of discussion, according to Free State, include net neutrality, broadband deployment, competition policy, 5G, privacy, the changing video services landscape and the regulatory environment for all those. 

FCC chair Ajit Pai is looking to shake up carriers who have pledged to implement the SHAKEN/STIR caller ID authentication framework, one of the weapons in the arsenal against unwanted robocalls. 

Related: Pai Proposes Default Robocall Blocking 

Pai has said from the outset that he expected them to voluntarily implement the technology by year's end, and Pai said in a speech this week that he is generally pleased with the progress. But he signaled a deadline is a deadline.  

"I’m grateful for the efforts carriers have made to date, and I saw that just this morning, T-Mobile, Comcast, and Inteliquent announced the completion of the first end-to-end SHAKEN/STIR call verification," he said. But there was a "but." 

"The reality is that we are only seven weeks away from the end-of-the-year deadline, and we are not yet seeing sufficient implementation by all major voice providers." 

Pai warned that FCC staffers were working on regulations to make the adoption mandatory, and they would be ready early next year if the deadline was not met. "If industry doesn’t get the job done on time, I will not hesitate to call an FCC vote on these new rules," he said. 

He also pointed out that all 50 state attorneys general had signed a pact with a dozen telecoms with SHAKEN/STIR at the heart of that agreement so there were lots more eyes watching. 

Signing on to that pledge were Comcast, Charter, AT&T, Bandwidth, CenturyLink, Consolidated, Frontier, Sprint, T-Mobile, US Cellular, Verizon, and Windstream. 

Cable ops have argued that a SHAKEN/STIR mandate is not necessary, saying that "requiring a company to implement SHAKEN/STIR before it is economically and technologically feasible for that company will only lead to ineffective and inefficient actions." 

FCC Chairman Ajit Pai has circulated a long-awaited order that would prevent broadband subsidy money to be spent on equipment from Chinese telecoms ZTE and Huawei, calling them untrusted vendors, as well as on other potential security threats to 5G networks. 

The definition of banned equipment is "any equipment or services produced or provided by a covered company—i.e., one that poses a national security threat to the integrity of communications networks or the communications supply chain."

The FCC's Public Safety and Homeland Security Bureau would issue an initial designation of national security threat--which this order does for Huawei and ZTE. Those companies, or any future companies so designated, will have 30 days to respond, then the bureau will have 120 says to issue a final designation.

The FCC worked with national security agencies and law enforcement agencies on the item. The FCC will look to congressional enactments--like bans on government contract money--and guidance from national security and law enforcement in coming up with a designation for future companies. 

The plan is to vote on the item at the FCC's Nov. 19 meeting. 

If it is adopted, ZTE and Huawei will be put on the 30-day clock to respond.

Asked why Huaweu and ZTE topped the list, FCC officials cite their ties to the Chinese government and military, the fact that Congress had prohibited funds in government contracts to be spent on their tech, that Huawei was on the Department of Commerce's Entity List, that the leaders of the top six U.S. intelligence agencies said they were a security threat, and more.

The ban applies to tech in both wireless and wireline, though must of the suspect tech is in the wireless space. 

Related: Starks Says Suspect Tech should Be Found, Fixed 

The item, which he has circulated to the other commissioners for a vote at the next public meeting, would also include a draft Further Notice of Proposed Rulemaking that would propose requiring certain carriers receiving Universal Service Fund broadband subsidies to remove existing suspect tech and asks for input on ow to provide financial assistance to help carriers migrate to "more trusted suppliers." 

The FCC is pondering exactly how to do a "remove and replace" program for switching out new tech, and will use the expertise it gained in the broadcast incentive auction equipment replacement program to inform that.

The FCC is also proposing to adopt an information collection system to help identify eligible telecommunications carriers (ETCs) that have Huawei and ZTE equipment in their networks. 

FCC officials speaking on background said it already knows there are "a number of smaller rural wireless carriers" that use Huawei equipment, for example, but will use the comment period to get a better handle on that number.  

Related: President Moves to Block Deals for Suspect Tech 

“When it comes to 5G and America’s security, we can’t afford to take a risk and hope for the best," said Pai. "We need to make sure our networks won’t harm our national security, threaten our economic security, or undermine our values. The Chinese government has shown repeatedly that it is willing to go to extraordinary lengths to do just that. And Chinese law requires all companies subject to its jurisdiction to secretly comply with demands from Chinese intelligence services. As the United States upgrades its networks to the next generation of wireless technologies—5G—we cannot ignore the risk that that the Chinese government will seek to exploit network vulnerabilities in order to engage in espionage, insert malware and viruses, and otherwise compromise our critical communications networks. 

“The FCC has a part to play in combating this risk by ensuring that its $8.5 billion Universal Service Fund does not underwrite national security threats.  

FCC Commissioner Jessica Rosenworcel signaled the item was as good as far as it went. 

“The FCC is moving forward after more than a year and a half with its proposal to ensure that our universal service fund, which supports deployment in rural areas, will not be used to purchase insecure network equipment," she said. "But we need cybersecurity policies that target all our network providers—not just our universal service recipients. In addition, we need to be mindful that in a global economy, our networks will still connect to insecure equipment abroad. So we should start researching how we can build networks that can withstand connection to equipment vulnerabilities around the world, including virtualizing the radio access part of our networks.”

Asked whether the FCC was contemplating extending the ban beyond USF fund recipients, an FCC official said the remove and replace applies only to ETCs for now, but it is seeking comment on whether the ban should be broader.

FCC Chairman Ajit Pai's meeting with some top Hill leaders of both parties has been rescheduled for May 3 at 1:30 p.m., according to a source familiar with the meeting.

He had been scheduled to brief a bipartisan group of House Energy & Commerce Committee members last Friday on his plans for reversing Title II, but work on the appropriations bill intervened and the legislators had to postpone it.

Some Democrats wanted a briefing before last week's vote on the Open Internet order Notice of Proposed Rulemaking (NPRM) on reversing the classification of ISPs as common carriers subject to mandatory access rules, but Pai could not accommodate the meeting, according to sources, in part because he had another briefing.

Democrats are vowing to fight the reclassification as a threat to Internet openness while Republicans are praising the effort as rolling back unnecessary regs.

Pai has tentatively scheduled a vote at the May 18 public meeting on the NPRM, which has been christened "Restoring Internet Freedom."

FCC chair Ajit Pai said Thursday (April 20) that he met with Facebook, Cisco, Oracle, Intel in Silicon Valley this week to talk about an open internet and consumer protections.

Pai was responding to questions in a post-FCC meeting press conference Thursday (April 20).

He said the conversation was not about any pending proceeding, but outside of that context he was soliciting input on how to "Secure online consumer protections."

He said that he has been consistent in saying that he favors a free and open Internet and opposes Title II.

According to sources he has talked with telecom trade groups about what to do next on network neutrality, including possibly have the Federal Trade Commission enforce voluntary commitments not to block or degrade, but he signaled at the press conference that that was part of the same input-collection process generally and not about any pending proceeding.

A reporter had noted that there had been no ex parte filing on that meeting, which would be required if it had dealt with a proceeding currently before the commission.

Pai said he did not outline a regulatory plan for rolling back Title II in that trade group meeting. "We did not discuss the merits of any pending proceeding," he said, but, again, generally how to "secure some of those principles of a free and open Internet that I think most people agree on."

Pai said he was "reaching out and trying to solicit a diversity of views among a diversity of stakeholders" and that he thought for their part they recognized, as he did, that "there is a lot of common ground here with respect to the need for a free and open Internet."

FCC Chairman Ajit Pai is looking to fast-track his anticipated rollback of the FCC's Title II-based Open Internet order.

Pai met this with week with ISP groups, including NCTA: The Internet & Television Association, to talk about the plan, and encourage them to voluntarily abide by net neutrality principles.

ISPs have already pledged to voluntarily hold to a set of broadband privacy principles, which they promoted as a way to avoid the FCC's broadband privacy framework, which congressional Republicans just repealed, and has said they were generally OK with the baseline Open Internet rules of no blocking or degrading or paid prioritization, just not with them being imposed under a Title II common carrier regime that could potentially subject them to rate regulation.

A source familiar with the meeting said that the idea would likely be for ISPs to add the net neutrality commitments to customer terms of service agreements,  which then allows the Federal Trade Commission to enforce violations under its authority to go after unfair and deceptive practices.

According to a Reuters report on the meetings, the proposal could be outlined as early as the end of this month.

Pai's office was not available for comment at press time, but he has made clear over the past several weeks he wants to reverse Title II, and doing it speedily would also resolve the issue of broadband privacy oversight, returning it to the FTC and obviating the need to come up with interim Title II-based rules at the FCC. 

Title II fans, including Congressional Democrats, have pledged to fight to preserve Title II, as they did to get the FCC to reclassify under Democratic chairman Tom Wheeler.

NCTA declined comment, as did CTIA, which represents wireless ISPs.

“If these reports are true," said Chris Lewis, VP at Public Knowledge, "Chairman Pai is preparing to give dominant cable and telecommunications companies what their D.C. lobbyists have dreamed of for years: voluntary net neutrality ‘rules’ where consumer protection is no more than ‘trust your cable or internet provider.’

Pai's move would be the latest in a long and winding road for net neutrality guidelines/rules at the FCC, starting with a policy statement in 2005, under a Republican chairman, on openness principles; followed by a court challend and ruling that they were unenforceable because they were not codified as rules; after which a Democratic FCC codified them, after which they were challenged again and a court overturned them as insufficiently justified, after which the FCC issued new rules based on Title II justification, after which the court upheld them, after which Pai took over earlier this year and signaled Title II would likely be reversed.

FCC Chairman Ajit Pai continued this week to stick with historic comments about the value of free media, but not weigh in on the recent comments of Donald Trump that the media are the Enemy of the People.

Pai had said last week in a letter to congressional Democrats concerned about the President's view that Trump had been referring to "fake news."

But a reporter following the FCC's public meeting March 23 pointed out that just this week the President had included ABC and NBC, whose broadcast content the FCC regulates, in the fake news category, as he earlier had the New York Times and others.

Pai said the media had an important job exercising a "core Frist Amendment function," but said what is or isn't fake news is a political debate among "political actors" that he again refused to "wade into."

But reporters at the post-meeting press conference were not done. Another, following up on the issue. He was asked why it was not relevant for him to comment on allegations against news outlets whose parent companies he regulated, using the public airwaves that he also regulates, given the suggestion those regulated outlets were misleading Americans.

"Look, again, that is a political debate and many people in the political arena have debated back and forth and my job is not to be a political actor but to be someone who is administering the laws of the United States and so, I am not going to wade into that kind of political debate but be focused on the values of the First Amendment."

He was asked whether, if someone brought some kind of complaint that false information was being disseminated, he would pursue it. He said he had not seen any such complaint and would not speculate on what he might do.

Democratic members of the Senate Commerce Committee were not happy with FCC Chairman Ajit Pai's answers, or lack of them, about recent, and not so recent, White House attacks on the news media.

At a March 8 FCC oversight hearing, when asked by Senate Democrats whether he agreed or disagreed with the President Donald Trump's characterization of the media as the Enemies of the American people, Pai would not say yes or no, saying he did not want to get into that political debate, and deferred to the White House about what he might have discussed during meetings with the President.

In a letter dated Friday (March 10) and headlined by ranking member Bill Nelson (D-Fla.), those Democratic members said they wanted better answers by March 17 and said his lack of transparency at the hearing was unfortunate.

While Pai said he did not want to get into the issue, they suggested he should have.

"As FCC chairman, you have direct authority over the nation's broadcast and media marketplace...and ultimately, the decisions that you, your fellow commissioners, and the agency staff which you oversee make affect the viability and sustainability of news media."

They had several follow-up questions they wanted answers to--it is common for legislators to ask for written responses from witnesses following an oversight hearing--leading off with a reprise of the key query: "Do you believe the media is the 'enemy' of the American people."

In addition, they wanted his assurance that he would regulate the media in an impartial manner, though he appeared to have already answered that question in the hearing, as well as committing to not stifle or penalize free speech, to using his authority in a way that respects the agency's independence from the White House, and to inform the public of any attempt by the White House or any executive branch official to influence him to take action or not take action, including on license renewals for broadcasters) and to do so whether or not that notification is necessary under ex parte or other ethics rules.

Pai had said at the hearing that he would make public any such contacts as required by FCC and ethics, rules, but the Dems are looking for more. 

They also want to know if the chairman committed to take any specific action against a broadcast or cable entity or other outlet as a condition of getting the chairmanship.

When asked about the letter, an FCC spokesman said: "Chairman Pai is a strong supporter of the First Amendment rights of the media and all Americans," said an FCC spokesperson. "He has protected those rights at the FCC and will continue to do so as long as he is privileged to serve at the Commission."

The spokesman pointed to the following disent from then-commissioner Pai in the Commission’s 2016 media ownership order.

“Of course, newspaper reporters continue to do important work throughout our country each and every day. Many were recently reminded of the impact that their stories can have through the 2015 film Spotlight, which won the Academy Award for Best Picture. The movie focused on The Boston Globe’s investigation into widespread child sex abuse by Roman Catholic priests in and around Boston—reporting that ended up having a worldwide impact on the Catholic Church. But given the newspaper industry’s profound financial troubles, it is becoming harder and harder for publications to do this type of investigatory journalism, hold our elected officials to account, and let Americans know what is going on in their communities.”  

"Chairman Pai continues to believe that," said the spokesman, adding that the chairman also will provide a response to the senators' letter.  

There was quite a divergence in the handicapping of the new FCC chairman--Ajit Pai--by the chair and ranking member of the Senate Commerce Committee.

That came in opening statements for the Senate Commerce Committee FCC oversight hearing, the first in that committee in six years Chairman John Thune (R-S.D.) pointed out, adding: "A lot has changed since then."

"The FCC’s first actions under Chairman Pai were to make much needed reforms to improve the agency’s processes and transparency," said Thune. "Counter to the trend of Chairman Pai’s recent predecessors, who often sought to amass as much power in the chairman’s office as they could, these simple steps instead empower the public and the other commissioners."

As to the chairman's early moves to roll back some of his predecessor's regs, Thune was also pleased. "While I am sure there are other actions that may need to be revisited, I do think we need to hit reset on both of these items.  And I’m glad to see the FCC has already started that process by staying certain parts of the rules that were set to go into effect last week."

When it was Nelson's turn, he painted a much different picture, praising Pai's Democratic predecessor, who he said had had consumers' backs, and saying Pai had, in only a few weeks--Pai took over Jan. 23: 

1) Acted to prevent millions of broadband subscribers from receiving key information about the rates, terms, and conditions of their service; 2) Acted to guarantee that broadband subscribers will have less protections with respect to the security of their online data, while promising to further weaken the duties broadband providers owe to protect the web browsing history and other personal information of their paying subscribers; 3)Threatened the expansion of broadband into the homes of low-income Americans by limiting the effectiveness of new Lifeline program reforms; and 4) formally rescinded an FCC staff report detailing the implementation of the agency’s comprehensive E-Rate modernization effort," an effort Nelson said "sent shock waves through schools and the libraries across the nation."

Separately, a dozen Democratic Senators, including members of the committee, wrote Pai this week urging him to preserve the program.

Roslyn Layton, who was a member of the Trump FCC transition team, agreed with Thune.

“Today’s oversight hearing confirms the new FCC, under the leadership of Chairman Pai, is finally prioritizing greater economic competitiveness and support for the everyday American consumer," she said in a statement following the hearing. "By bringing economics and consumers back to the central focus of the agency, the chairman and commissioners are encouraging bipartisanship and practical rulemakings that will allow our burgeoning U.S. telecommunications sector to reach new levels of competition and innovation.”

Sens. Richard Blumenthal (D-Conn.) and Corey Booker (D-N.J.) are leading more than a dozen senators (all Dems except independent Bernie Sanders of Vermont) calling on FCC Chairman Ajit Pai to reverse his decision to withdraw Lifeline broadband subsidy authorizations from nine companies.

Pai said the decision was due to 1) procedural errors, 2) because they were issued in the waning hours of the previous Administration, something Republicans warned against, 3) and because he suggested the FCC needed to hit the pause button on expanding the low-income subsidy program until it got a better process for monitoring for waste, fraud and abuse.

The senators, who also included Al Franken of Minnesota, Ed Markey and Elizabeth Warren of Massachusetts and Ron Wyden of Oregon, said they were deeply troubled by the action.

Related: Ex-Wheeler Aide Sohn Slams Pai for Lifeline Decision

They said the chairman was undermining the program, making it more difficult for low income residents to afford critical communications services, and appearing to run counter to his pledge in the first days of his chairmanship to make closing the digital divide a priority under his watch.

The senators said that to "abruptly revoke" the authorizations only weeks after they had been granted was "unfairly punishing" low-income consumers.

Pai had pointed out in a blog post that eight of the nine customers had no customers so far, so the impact should not be great, and that there were still some 900 companies authorized and providing the subsidies.

The senators pointed out that the customers of at least one of the nine would have to be disconnected.

Evoking Sec. 706 of the Communications Act, they said that the FCC has an obligation to ensure “consumers in all regions of the country, including low-income consumers” have access to “advanced telecommunications services,” and asked him to reconsider the decision.

”Chairman Pai shares the Senators’ commitment to closing the digital divide and believes that the Lifeline program can play an important role in helping to achieve that objective," said a Pai spokesman. "The Wireline Competition Bureau’s decision last week did not have any impact on over 99% of the companies in the program, and eight of the nine companies affected did not have any Lifeline customers.

"These nine companies’ applications were rushed out the door in the final days of the last Administration through an improper process. Some of these companies did not follow Commission rules requiring consultation with Tribes. The Bureau granted some applications without waiting for the 30-day public comment period set forth in our rules to close. And there was inadequate attention paid to whether necessary safeguards were in place to prevent the waste, fraud, and abuse that has plagued the program. For all these reasons, it was important for these nine companies’ applications to receive additional review.”

FCC Chairman Ajit Pai has added two more process reforms to his growing list of changes at the FCC.

The first is related to his decision to release the texts of two February meeting agenda items as a pilot project for doing so with all meeting items before they are voted on.

At the suggestion of Democratic commissioner Mignon Clyburn, Pai said Tuesday (Feb. 7), he will release a one-page "fact sheet" summary of items when the text is released for any March meeting items.

Also, at the suggestion of Commissioner Michael O'Rielly, any substantive changes to an item between the time it is circulated and the meeting at which it is voted will have to be proposed by commissioners rather than staffers.

"This reform will help promote accountability and allow Commissioners to better understand where edits are coming from," said Pai in a statement, adding that the change is effective immediately.

O'Rielly has long argued for more accountability for changes, including his longstanding objection to allowing items to be edited after they have been voted.

"I appreciate the Chairman’s quick attention to the 'own your edits' idea that many of us have pushed to be adopted, as it will provide better transparency as we negotiate our items," said O'Rielly. "I also support Commissioner Clyburn’s suggestion on making summaries available for items that have been made Public.  While both relatively small fixes, this bodes well for the new Commission’s ability to work together to get our processes into better shape."

“Today’s announcement that the FCC will be implementing process reforms championed by Commissioners O’Rielly and Clyburn is a welcome sign of a return to bipartisanship at the commission," said House Communications Subcommittee Chairman Marsha Blackburn. "While the commissioners won’t always agree, it is heartening to see that they can find common ground on the need for reforms to the broken FCC process. I once again applaud Chairman Pai for these thoughtful actions [she also praised earlier process reforms from the new chairman] and commend the entire commission for their decision to work together to bring transparency, accountability, and collegiality back to the FCC.”

American Cable Association President Matt Polka and top ACA policy staffer Ross Lieberman were among a group of execs representing rural broadband executives who met with new FCC Chairman Ajit Pai Thursday, his second meeting with outside groups since being named chairman this week.

It was a continuation of Pai's pledge to focus on closing the digital divide. He met Wednesday with a diverse group of stakeholders in the broadband deployment space.

Also at the meeting were Mike Romano of NTCA–The Rural Broadband Association, Alex Phillips and Stephen Coran from the Wireless Internet Service Providers Association, Steve Berry and Rebecca Murphy Thompson of the Competitive Carriers Association and Martha Duggan of the National Rural Electric Cooperative Association.

According to an FCC official, "Participants raised several ideas for closing the digital divide and expressed strong support for proposals he made as part of his Digital Empowerment Agenda."

For his part, Pai at the meeting "pledged to continue working closely with these organizations to bring digital opportunity to all Americans."

Pal said in his first address to FCC officials that closing the divide would be a "core" priority of a Pai FCC.

For the new chairman, rural broadband access is about economic equal opportunity. It is an issue that has long been in his sights.

Back in October, he talked at length on the subject at a Think Big Partners event in his home state of Kansas.

'[T]here are still far too many parts of this country where broadband is unaffordable, inadequate, or nonexistent—where it’s harder to start a business, improve one’s life, build a community," he said.

Sadly, there is a real and growing digital divide in this country. Although gigabit services and mobile broadband are becoming common features of wealthier, metropolitan areas, they aren’t universal. Almost 34 million Americans don’t have access to the broadband networks needed to fully participate in the digital economy.  It’s no surprise that access tracks income: Americans living in the poorest counties are twice as likely to lack access as those living in the most well-to-do."

This isn’t how it should be. Every American who wants high-speed Internet access should be able to get it.  Every consumer should have affordable choices in a competitive marketplace..."

Wednesday may have featured some kind of record for reactions to an event that has not happened yet.

The event was the President's speech later today on the need for high-speed broadband and what he and his administration planned to do about it.

The reaction was coming because, unlike in past years where the President's State of the Union address themes only trickle out an hour or two before speech time--this year on Jan. 20--the White House decided to preview those themes and initiatives to journalists, then the public, beforehand, as he also did with cybersecurity. The President plans to outline his already outlined plan in a speech in Cedar Falls, Iowa, where the public utility has built out high-speed broadband at speeds rivaling world capitals, the White House has pointed out.

FCC commissioner Ajit Pai was not enthused by the President's signal to FCC chairman Tom Wheeler that he supports preemption of state laws limiting municipal broadband, particularly given that he thinks the FCC lacks the authority to use it.

"As an independent agency, the FCC must make its decisions based on the law, not political convenience," said Pai in a statement. "And U.S. Supreme Court precedent makes clear that the Commission has no authority to preempt state restrictions on municipal broadband projects. The FCC instead should focus on removing regulatory barriers to broadband deployment by the private sector."

National Cable & Telecommunications Association president Michael Powell said of the President's upcoming but telegraphed speech: "America's decades-long policy of promoting private investment and exercising a light regulatory touch has yielded substantial benefits for American consumers.  As evidence, cable's top broadband speeds have increased over 3200 percent in a decade, Akamai recently reported that 12 American states are among the 20 fastest regions of the world and our markets remain the envy of the world.  While government run networks may be appropriate in rare cases, many such enterprises have ended up in failure, saddling taxpayers with significant long-term financial liabilities and diverting scarce resources from other pressing local needs."

Powell said broadband would clearly play a central role in the fabric of society, but, "rather than chase false solutions, government policies should be directed at overcoming barriers to adoption and extending the reach of broadband to places yet unserved. We welcome sensible government policies that will build on our successes and convince even more Americans to take advantage of the broadband opportunity."

Rep. Doris Matsui (D-Calif.), a member of the House Communications Subcommittee, was all for the President's high-speed initiative.

"I applaud the President's initiative to expand affordable, high-speed broadband to more communities across the nation," she said.  This initiative will spur competition and provide communities with more choices in the broadband economy.  It is an important step toward ensuring all Americans - whether in an urban or rural community - have the opportunity to engage in the digital economy.  I look forward to working with the Administration and the FCC, which has been active on this issue, in support of efforts to expand broadband access to every corner of our country."

Rep. Deb Fisher (R-Neb.) was not similarly feeling the broadband love, branding the President's support for municipal broadband as nationalizing the Internet. ""Each day we see more policies coming out of this White House that attempt to wield greater power and control for the federal government," she said. "This afternoon, we will see the president parachute into Iowa and tout a new federal takeover of state laws governing broadband and the Internet."

""Ubiquitous broadband deployment empowers consumers, strengthens communities and provides economic opportunity for the innovative companies that drive our ICT sector," said the Telecommunications Industry Association. "TIA has long supported this goal, and we applaud President Obama's initiative. A critical step forward is to remove regulatory barriers that prevent or discourage private sector investment in new broadband facilities. At the same time, we encourage a collaboration with local governments, and additional public efforts can and should work to supplement private sector investments. TIA believes that state and local governments should be free to identify those broadband needs that are best met through some form of governmental action or partnership with the private sector."

In the week since President Obama's unexpected "Title II" video debuted, plenty of Washington verbiage has been spilled on what happens next - and why.

The White House recommendation that the FCC should place public utility regulation upon Internet Service Providers rankled countless insiders and, of course, totally confused "civilians" - the unwashed masses who merely rely on the Internet for all kinds of business, consumer, financial and entertainment services.

By fortunate coincidence, several D.C. think tanks had already scheduled broadband seminars for the week, some timed as follow-up analyses to the recent Congressional elections, others keyed specifically to the evolving debate about Title II regulation.  Obama's screed merely inserted an added dimension into the predictable, politically-fueled pronouncement that emerge from these think-tank symposia.

What did not emerge from these seminars or from Obama's appeal was any comprehensive approach to the big issue confronting policy-makers: an omnibus overhaul of the nation's communications law, the elusive "Telecommunications Act Reform" process on Capitol Hill.

Indeed, last week's Kabuki maneuvering and posturing about the FCC and Title II was a good way to distract attention from a really big topic - policy overhaul - and focus instead on the pretty-big topic du jour - Internet regulation. To be fair, some of the Washington events touched on copyright reform (which might include retransmission consent), media mergers, Internet tax issues (some of which require immediate action) and spectrum allocation.

Collectively, these interconnected issues cry out for integrated analysis and action. Realistically, the new Congress is unlikely to tackle such a massive undertaking - especially when brush fires such as Title II can both distract attention and simultaneously attract so much lobbying support  (i.e. contributions).

Inevitably, at last week's seminars, there was substantial debate about the merits of "Section 706" (the part of the 1996 Telecom Act that lets the FCC oversee "Advanced Telecommunications Capabilities") versus Title II regulation.   For example, at Friday's Free State Foundation session entitled "Thinking the Unthinkable" (i.e. the 'utility model" regulation) Rep. Bob Latta (R-Ohio), who sits on the House Communications Subcommittee, and the two Republican members of the FCC blasted the "unthinkable" idea of Title II regulation.

FCC commissioners Ajit Pai and Michael O'Rielly(pictured left and right) both pointed to two significant ripple effects of imposing Title II regulation on ISPs: putting onerous Universal Service Fund fees on ISP usage and sending a bad message about America's Internet stance to foreign authorities. The USF issue would have more immediate impact on cable operators and other ISPs since customers would see substantial fees directly in each month's bill. 

Pai and others are even more concerned about any policy that would embolden foreign governments, especially repressive regimes, to impose Internet regulation of all sorts on their domestic system operators. Pai warned that if the FCC adopts a restrictive Title II policy, it would further diminish America's credibility and tell other nations to "do as we say not as we do."

In addition, there are immediate problems, such as how a unilateral U.S. regulation policy will affect international treaties for dealing with transborder communications, an issue with vast consequences in the Internet Protocol era.

In separate remarks at the Free State Foundation event, O'Rielly focused on forebearance, the process by which the FCC could carve out exemptions from its most severe policies.   But  as O'Rielly said, it "should not  be conceived as easy"  and there has been no indication about which parts of Title II might receive such forebearance.

Last week's seminars served as reminders about the complexity of the individual issues and the inevitable frustrations triggered by such piecemeal action rather than a comprehensive process, such as a Communications Act overhaul.

Going down either road will take a lot of time, and as the recent policy-wonk omphaloskepsis reminds us: there is unending contemplation ahead.  Bringing it all into a bleak perspective were the concluding comments at the FSF seminar.

It's a "regulatory rat hole," said Gerald Faulhaber in an abject summary of the FCC's current options.  Faulhaber, a former FCC chief economist and now professor emeritus at the University of Pennsylvania's Wharton School, characterized the choices:

"The only difference between Title II and Section 706 is how fast we go down the rat hole."