By Kelcee Griffis

Law360 (June 21, 2021, 5:43 PM EDT) -- Policy requests slowed slightly at the Federal Communications Commission during the month of May as lobbyists offered input on how a COVID-19 relief program for student connectivity should shape up and weighed in on the agency's broadband mapping efforts.

According to four weeks of records, lobbyists submitted 178 ex parte filings — down from about 200 the month before. Ex parte filings are disclosures that parties advocating at the commission must file to detail conversations and meetings with commissioners and staff.

Here's a look at the top groups that lobbied the FCC from May 1 to 31 and a sampling of what they discussed.

National Association of Broadcasters

The main trade group representing U.S. TV stations was the most active lobbyist at the FCC last month, filing a total of six ex parte documents that urged the agency to rethink its approach to filling unused gaps of TV-band spectrum, among other topics. 

In a trio of filings, NAB told the FCC that Microsoft is trying to grab vacant slices of the TV-band airwaves to power rural broadband signals, despite a lack of success with the technology.

"It is long past time for the Commission to stop tinkering with its rules to boost a technology that has no demonstrated track record of success," NAB wrote. "At some point, white spaces proponents should be asked to actually accomplish something before asking for further handouts."

The FCC has already permitted TV white spaces, or TVWS — chunks of unused spectrum in between TV channels — to be used for internet service despite concerns that these dual uses will interfere with TV transmissions.

NAB said it was able to compromise with Microsoft on four out of five outstanding TVWS disputes, but they remain at odds over the best method for determining which channels are vacant for broadband use. Instead of collecting further public comment on the outstanding issue last fall, the agency should have let the parties keep working out their differences, NAB wrote.

"Rather than encourage all stakeholders to compromise, the Commission put its thumb on the scale and stoked unnecessary controversy in the proceeding," NAB wrote. "We hope that, in the future, the Commission will continue to encourage industry stakeholders to solve technical challenges and reach compromise, rather than rewarding stakeholders for unilaterally refusing to compromise."

USTelecom

Broadband trade group USTelecom tied for second-busiest FCC lobbyist last month, posting four ex parte filings that zeroed in on the agency's latest broadband mapping efforts.

As the commission stands up its ambitious data collection project aimed at ascertaining where broadband service does and does not exist across the country, USTelecom wrote that it wholeheartedly backs "the Commission's effort to complete the Broadband Data Collection and the importance of doing so as quickly as possible."

In December, Congress allotted $65 million to implement the earlier-passed Broadband Data Act, which aimed to retool the way data is amassed, verified and reported by making the commission collect and disseminate more granular broadband service availability data.

However, USTelecom wrote that the stated penalties for internet service providers that don't offer up their own network data are too steep. Instead of setting $15,000 as the base forfeiture amount for companies that offer incorrect or incomplete information, the group suggested that the standard $3,000 base forfeiture amount associated with violations of other commission program rules would be more appropriate.

"The Commission is right to use its existing enforcement authority against entities that willfully and knowingly file materially inaccurate or incomplete information," the group wrote. "That said, the base forfeiture amount adopted ... is excessive for this type of reporting and is not consistent or proportionate with other base forfeiture amounts for comparable violations."

USTelecom added that prior FCC documents "contained no suggestion that the base penalty might increase five-fold."

Separately, the group urged the agency to avoid subsidizing new network building with its $7.1 billion Emergency Connectivity Fund, which is supposed to help schools and libraries get more students online during the coronavirus pandemic.

"We noted that although some in the record suggest it would be appropriate to allow ECF support to be used for new construction in unserved areas, that doing so is inconsistent with [Congress'] directive that ECF funds are for the purchase of eligible equipment and the purchase of advanced telecommunications and information services," USTelecom wrote.

CTIA

Mobile trade group CTIA tied with USTelecom for second-busiest FCC lobbyist last month, similarly posting four ex parte filings that homed in on what the group characterized as missed opportunities in the ECF structure, among other issues.

According to CTIA, the agency should not have blocked smartphones from the program, both as eligible Wi-Fi hotspots and devices that can help students access the internet alongside tablets and laptops. Including smartphones in the program would have given school districts the flexibility to decide whether a mobile phone might meet a targeted connectivity need, including for young students and students with disabilities, CTIA said.

"Mobile wireless solutions already are playing a significant role in addressing the homework gap, and are positioned to play an even larger role with the efficient, effective deployment of the ECF to support mobile wireless broadband services and equipment," the group wrote.

CTIA also urged the agency to develop better rules for cracking down on mobile phone contraband in prisons and encouraged the FCC to modernize its wireless emergency alert system.

--Editing by Alanna Weissman.

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