public policy

CPUC whacks AT&T with $3.75 million fine for “wilful disregard” of public safety obligations

8 April 2020 by Steve Blum
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AT&T was ordered to pay a $3.75 million fine by the California Public Utilities commission for blowing off demands for information about its 911 service in 2019. Administrative law judge Karl Bemesderfer issued a “presiding officer’s decision” in a disciplinary proceeding launched last year after AT&T refused to file reports detailing its rates and terms for “next generation” 911 services that ride on Internet protocol technology, rather than old style plain old telephone service.… More

Future proof broadband infrastructure for “all Californians” is goal of new senate bill

6 April 2020 by Steve Blum
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Dig once conduit 1oct2019

With the aim of ensuring “all Californians will gain access to broadband that is ready for the 21st century”, a coalition of broadband advocacy groups and independent broadband companies are sponsoring a bill that would undo the self-serving damage that monopoly model telcos and cable companies, and their allies, did to the California Advanced Services Fund (CASF) in 2017.

Senate bill 1130 raises California’s minimum broadband standard from the pathetic 6 Mbps download/1 Mbps upload speeds that support incumbent business plans and little else, to modern, symmetrical 25 Mbps service, and sets a de facto goal of deploying future proof fiber infrastructure in any community, regardless of population density or household income levels.… More

Caltrans floats “Dig Smart” ideas to put more broadband conduit in the ground

10 March 2020 by Steve Blum
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California’s department of transportation, AKA Caltrans, is a step closer to actively collaborating with broadband service providers and local governments to put more conduit in California’s thousands of miles of state highways and make it available. It published a Dig Smart white paper that summarises “dig once” policies that have already been adopted by cities and other states. Those policies are intended to ease the way for telecoms companies to install conduit when road construction or utility excavation projects happen, and to encourage them to take advantage of the opportunity.… More

Accidentally honest AT&T tells CPUC to grab the horse by the tail and face reality

3 March 2020 by Steve Blum
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Chp horses capitol 3feb2016

Unintentionally, an AT&T witness injected an insight of startling clarity into the debate over whether or not broadband is a common carrier service. It happened during a hearing to determine if the company should be held in contempt of California Public Utilities Commission orders. The witness was discussing the difference between legacy digital methods for transmitting telephone calls and contemporary Internet protocol technology.

He said…

It’s like the difference between a horse and buggy, and an automobile.

… More

FCC didn’t succeed in blocking San Francisco’s open access broadband law

27 February 2020 by Steve Blum
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San francisco skyline 625

San Francisco’s open access rules for broadband in multi-tenant buildings is alive and well, according to a local independent Internet service provider. That’s despite the Federal Communications Commission’s determination to preempt the ordinance passed by San Francisco supervisors in 2016. It requires landlords to allow any ISP access to buildings, regardless of whether or not an exclusivity contract is in place.

In an opinion piece published in the San Francisco Examiner, Preston Rhea, the director of engineering for the policy program at broadband provider Monkeybrains, says that tenants and ISPs are still using the ordinance as leverage to pry open building doors…

Monkeybrains’ experience in the months since the FCC’s rulemaking indicates that [the San Francisco broadband access ordinance] is intact and operating as intended.

… More

FCC asks for limited net neutrality comments, but Rosenworcel says “make noise”

21 February 2020 by Steve Blum
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The Federal Communications Commission will tweak its network neutrality rules, such as they are, to answer objections made by the federal appeals court based in Washington, D.C. last year. That court – aka the D.C. circuit – largely upheld the FCC’s 2017 repeal of network neutrality rules, but sent a few bits back to the agency for more work and threw out a blanket preemption of state and local regulations.

In a notice issued earlier this week, the FCC asked for comments on the public safety, lifeline and pole attachment issues flagged by the D.C.… More

Broadband bill targets California fairgrounds, details yet to come

20 February 2020 by Steve Blum
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Bolado park san benito county 13apr2019

A bill aimed at upgrading broadband service at fairgrounds in California was introduced in the assembly by assembly Robert Rivas (D – San Benito). Assembly bill 2163 would “ensure that all California fairgrounds are equipped with adequate broadband and telecommunications infrastructure to support local, regional, and state emergency and disaster response personnel and operations”.

In its initial form, AB 2163 doesn’t answer the key question: where does the money come from? Earlier conversations about improving broadband facilities at fairgrounds opened up the possibility of raiding the California Advanced Services Fund (CASF) for that purpose, but the draft doesn’t mention that.… More

FCC’s $270 pole rental limit for wireless attachments might be “arbitrary and capricious”, appellate judge says

18 February 2020 by Steve Blum
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Los angeles streetlight cell 1 23oct2019

Federal appeals court judges hearing the challenge brought by local governments to the Federal Communications Commission’s 2018 preemption of ownership and control of street lights tried to get an FCC lawyer to explain how the commission settled on $270 as the allowable annual pole rental limit. The attorney, Scott Noveck, couldn’t oblige judges Jay Bybee and Mary Schroeder…

Bybee: I’d still like you to get to how you get to the $270.

Novek: So your honor, what I believe happened is that the commission took a look at various state small cell bills…

Bybee: It’s interesting, counsel, that you just characterised it as ‘you believe’.

… More

FCC’s rural 5G justification for urban wireless preemption is comfort to AT&T but not to Fresno, appeals court told

14 February 2020 by Steve Blum
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Ninth circuit oral argument pole preemption 10feb2020

Federal appellate judges drilled down into arguments made by local governments and the Federal Communications Commission on Monday, as they considered a challenge to the FCC’s 2018 decision to cap rental rates for locally owned street light poles and other assets in the public right of way, and effectively give mobile carriers unfettered use of public property.

One justification for this preemption of local property ownership was that if big cities with big potential for subscriber revenue charge high fees, then carriers like AT&T and Verizon won’t have money left over to spend in less profitable small cities and rural communities.… More

FCC tells appeals court if electric or cable companies can install “larger, uglier, blighted” equipment on poles, then wireless carriers can too

11 February 2020 by Steve Blum
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Small cell olympic blvd 22oct2019

The Federal Communications Commission defended its 2018 preemption of local property ownership and permitting authority in front of a panel of three federal appeals court judges in Pasadena yesterday. Its lawyers faced some pointed questions from the judges.

FCC attorney Scott Noveck tried to dance around the reality of the FCC’s preemption order and claim that it really wasn’t doing much at all, particularly in regards to limits on the aesthetic requirements that cities can impose on wireless facilities.… More