INCOMPAS News -- October 13, 2020

Vol. 16, No. 37

October 13, 2020

Antitrust Subcommittee Releases Report on Digital Economy Competition

The House Judiciary Committee’s Antitrust Subcommittee released the findings of its more than 16-month long investigation into the state of competition in the digital economy in a report entitled Investigation of Competition in the Digital Marketplace: Majority Staff Report and Recommendations.

The slate of recommendations include:

Structural separations to prohibit platforms from operating in lines of business that depend on or interoperate with the platform;

Prohibiting platforms from engaging in self-preferencing;

Requiring platforms to make its services compatible with competing networks to allow for interoperability and data portability;

Mandating that platforms provide due process before taking action against market participants;

Establishing a standard to proscribe strategic acquisitions that reduce competition;

Improvements to the Clayton Act, the Sherman Act, and the Federal Trade Commission Act, to bring these laws into line with the challenges of the digital economy;

Eliminating anticompetitive forced arbitration clauses;

Strengthening the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice;

And promoting greater transparency and democratization of the antitrust agencies.

House Passes Updated HEROES Act

The House passed an updated version of the HEROES Act legislation on October 1. The revised bill, among other things, includes $12 billion to close the homework gap by providing funding for Wi-Fi hotspots and connected devices for students and library patrons, $3 billion for emergency home connectivity, $200 million for telemedicine grants and $24 million for broadband mapping. It also prohibits broadband and telephone providers from terminating service or imposing late fees due to a customer’s inability to pay their bill because of financial hardships caused by the pandemic.

FCC Releases October Open Meeting Agenda

The FCC released the agenda for its October 27 Open Meeting:

Restoring Internet Freedom Order Remand – An Order on Remand that would respond to the remand from the U.S. Court of Appeals for the D.C. Circuit and conclude that the Restoring Internet Freedom Order promotes public safety, facilitates broadband infrastructure deployment, and allows the Commission to continue to provide Lifeline support for broadband Internet access service.

Establishing a 5G Fund for Rural America – A Report and Order that would establish the 5G Fund for Rural America to ensure that all Americans have access to the next generation of wireless connectivity.

Increasing Unlicensed Wireless Opportunities in TV White Spaces – A Report and Order that would increase opportunities for unlicensed white space devices to operate on broadcast television channels 2-35 and expand wireless broadband connectivity in rural and underserved areas.

Streamlining State and Local Approval of Certain Wireless Structure Modifications – A Report and Order that would further accelerate the deployment of 5G by providing that modifications to existing towers involving limited ground excavation or deployment would be subject to streamlined state and local review pursuant to section 6409(a) of the Spectrum Act of 2012.

Revitalizing AM Radio Service with All-Digital Broadcast Option – A Report and Order that would authorize AM stations to transition to an all-digital signal on a voluntary basis and would also adopt technical specifications for such stations.

Expanding Audio Description of Video Content to More TV Markets – A Report and Order that would expand audio description requirements to 40 additional television markets over the next four years in order to increase the amount of video programming that is accessible to blind and visually impaired Americans.

Modernizing Unbundling and Resale Requirements – A Report and Order to modernize the Commission’s unbundling and resale regulations, eliminating requirements where they stifle broadband deployment and the transition to next- generation networks, but preserving them where they are still necessary to promote robust intermodal competition.

Legislation Introduced for 3.45-3.55 GHz Band Auction

House Republicans introduced this week legislation, HR 8545, or The Beat CHINA for 5G Act of 2020, which would empower the FCC to open more critical mid-band spectrum for non-federal, commercial wireless use by requiring the FCC to begin an auction of the 3.45-3.55 GHz band by December 2021. This bill was introduced by House Energy and Commerce Committee Ranking Member Greg Walden (R-OR), House Communications and Technology Subcommittee Ranking Member Bob Latta (R-OH), and House Oversight and Investigations Subcommittee Ranking Member Brett Guthrie (R-KY) and is expected to be introduced in the Senate when it returns later this month by Senate Commerce, Science, and Transportation Committee Chairman Roger Wicker (R-MS), and Senate Communications, Technology, Innovation, and Internet Subcommittee Chairman John Thune (R-SD).

In August 2020, the White House announced that it would make 100 MHz of mid-band spectrum in the 3.45-3.55 GHz band available for non-federal, commercial wireless use. In September 2020, the FCC took a first step to start transitioning existing services to make this band available for 5G use.

FCC Adopts 8YY Access Charges Reform Order

The FCC last week adopted, on a 5-0 vote, a Report and Order on circulation on 8YY Access Charge Reform. According to FCC officials, the order "closely adheres" to a February proposal offered by USTelecom that would, among other things, transition intrastate and interstate end-office charges to bill-and-keep by 2023, set a nationwide uniform tandem switched transport access service rate of $0.001/minute, and transition database query rates to $0.0002 by 2023.