Feds Urge Govs. To Label Telecom Workers As 'Essential'

By Christopher Cole
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Law360 (May 27, 2020, 6:10 PM EDT) -- Federal officials are urging governors to recognize certain types of telecom workers as "essential" during the COVID-19 pandemic, to better help them build and maintain the country's communications infrastructure at a time when Americans are relying more than ever on telehealth, telework and distance learning.

In a joint letter Tuesday to the governors of all states, the Federal Communications Commission and the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency said it's critical to provide communications workers with job protections and resources offered to essential workers so Americans can stay connected.

The agencies' leaders laid out steps that governors can take to support the telecom workforce. CISA recently issued guidance on the essential critical infrastructure workforce and 911 centers during the pandemic.

FCC Chairman Ajit Pai and CIDA Director Chris Krebs urged that certain communications industry entities and personnel be declared essential to the pandemic response "and afforded all appropriate access and resources."

Pai and Krebs also asked that states consider prioritizing the distribution of personal protective equipment to communications personnel when available and underscored the role of various telecom workers in consumers' remote emergency communications needs.

The federal officials' letter encourages industry and government to work together to get communications infrastructure and next-generation 911 projects done.

The officials said the types of communications workers that should be deemed essential go beyond installers and repair workers for phone and cable companies. Companies and workers building new communications facilities should also be included in order to help "address unprecedented levels of customers usage and close the digital divide for Americans who are sheltering at home."

Others who belong on the list include communications support for medical and health care facilities, assisted care and living facilities and people with disabilities, Pai and Krebs said. In the media fields, workers for radio and TV broadcasters, cable operators and internet TV providers should qualify too, as should providers of telecom relay services and closed captioning, they said.

Even retail customer service personnel and the supply chain and logistics workers who help furnish them with goods and products should qualify, the officials said, because retail employees "are critical for onboarding customers, distributing and repairing equipment and addressing customer issues to support individuals' remoter emergency communications needs."

Pai and Krebs also called on states to help along the maintenance, repair and provisioning of telecom infrastructure and services by providing online access to government functions, such as permitting, where not already available electronically.

The permitting issue has reached to the local level. The wireless industry recently voiced concern about securing some work permits while local governments are trying to transition to all-online systems. Advocates for localities say industry is using the pandemic to push for broader federal deregulation that would trump some local infrastructure rules.

In a March 26 call with FCC Commissioner Brendan Carr, representatives for the Wireless Infrastructure Association outlined difficulties the group's members are facing as workers are required to socially distance and take extra steps to protect themselves against the coronavirus at critical job sites.

On Tuesday, Pai and Krebs described a critical need for governments to act as a catalyst for telecom build-out and support.

"We urge state leaders, who are playing a critical role in protecting their communities, to consider the recommendations we are making today to ensure that communications networks and services remain available to the public and first responders," Pai said.

"As our nation continues to respond to COVID-19, our ability to maintain reliable and consistent communication is vital," Krebs said. "We commend industry on making the investments to ensure the nation's telecommunications infrastructure was ready for this moment and CISA is committed to ensuring the sector has the support and resources needed to continue operating."

Krebs said state and local officials play a critical role in managing and executing COVID-19 response activities, and that CISA "will continue to help them identify essential services to safeguard the continuity of functions needed to protect their communities."

--Additional reporting by Kelcee Griffis. Editing by Marygrace Murphy.

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