FCC Chairman Ajit Pai told the Technology Policy Institute virtual conference Thursday that he's only following the advice of the Commerce Department and the FCC general counsel in proposing a rulemaking examining FCC control of internet platforms under Communications Decency Act Section 230. Pai emphasized the FCC is considering a narrow legal question. On a panel, experts said the FCC is underperforming on closing the digital divide.

FCC Chairman Ajit Pai told the Technology Policy Institute virtual conference Thursday that he's only following the advice of the Commerce Department and the FCC general counsel in proposing a rulemaking examining FCC control of internet platforms under Communications Decency Act Section 230. Pai emphasized the FCC is considering a narrow legal question. On a panel, experts said the FCC is underperforming on closing the digital divide.

The lawyer for the Tri-County Telephone Association challenging the FCC’s nearly $1 billion USF telecom rebuild program for Puerto Rico and the U.S. Virgin Islands faced questions Thursday as the U.S. Court of Appeals for the D.C. Circuit heard oral argument in TCT's case (docket 20-1003 in Pacer). Judges challenged the group’s argument that the FCC doesn't have authority to use high-cost USF support dollars for disaster relief.

As T-Mobile follows through on regulatory commitments to build out 5G to cover most of the U.S., population density often isn’t as big a challenge as topography, said Chris Wieczorek, senior director-spectrum policy, at the Americas Spectrum Management Conference. In mountainous areas, “you get a lot more coverage holes,” he said. Wednesday's conference focus was on rural and hard-to-serve areas.

Commissioners affirmed an FCC private line order but gave TDS Metrocom and XO Communications relief they sought in 2017 (see 1705020039). The two asked to reverse a staff order denying requests to review Universal Service Administrative Co. audit findings on USF contributions. “We affirm the Commission’s long-standing contribution reporting requirements that direct all contributors to obtain and provide to USAC or the Commission upon request documentation that supports the jurisdictional allocation of their revenues,” the FCC said in Tuesday's Daily Digest. “Our decision ensuring that our filing requirements are adhered to by all contributors helps to safeguard the integrity of the Fund.” Based on “unique circumstances,” the FCC said TDS has “shown good cause to grant a waiver of our rules and we direct USAC to reverse its decision.” The commission said USAC didn’t give “sufficient weight to the additional evidence XO submitted to demonstrate it had allocated its private line revenue to the proper jurisdiction” and remanded its determination letter.

AT&T denied Mississippi Public Service Commission claims the carrier sent false information to Universal Service Administrative Co. Commissioners asked the FCC last week to audit AT&T on its use of more than $283 million in Connect America Fund support to expand broadband to 133,000 Mississippi locations (see 2009300023). USAC earlier this year upgraded its portal to allow bulk corrections to data, and AT&T hasn’t revised the data because it first wanted to review and validate geocoding of its entire CAF II locations inventory, the carrier said in a Wednesday letter to FCC Wireline Bureau Chief Kris Monteith and Inspector General David Hunt. AT&T isn’t deceiving by advertising internet as available at a location but then finding it’s unable to install service after the company’s technician measures signal strength, it said. The telco said it will comply with interim buildout milestones and exceed the 100% requirement by year-end in Mississippi and all 17 other CAF II states. Mississippi PSC Commissioner Brandon Presley tweeted Thursday that he asked commission staff to investigate reports that AT&T will stop expanding DSL. “While DSL is not an optimal choice for internet service, it’s all that many have and is better than other services.” AT&T provided us a statement in response (see 2010080066).

AT&T denied Mississippi Public Service Commission claims the carrier sent false information to Universal Service Administrative Co. Commissioners asked the FCC last week to audit AT&T on its use of more than $283 million in Connect America Fund support to expand broadband to 133,000 Mississippi locations (see 2009300023). USAC earlier this year upgraded its portal to allow bulk corrections to data, and AT&T hasn’t revised the data because it first wanted to review and validate geocoding of its entire CAF II locations inventory, the carrier said in a Wednesday letter to FCC Wireline Bureau Chief Kris Monteith and Inspector General David Hunt. AT&T isn’t deceiving by advertising internet as available at a location but then finding it’s unable to install service after the company’s technician measures signal strength, it said. The telco said it will comply with interim buildout milestones and exceed the 100% requirement by year-end in Mississippi and all 17 other CAF II states. Mississippi PSC Commissioner Brandon Presley tweeted Thursday that he asked commission staff to investigate reports that AT&T will stop expanding DSL. “While DSL is not an optimal choice for internet service, it’s all that many have and is better than other services.” AT&T provided us a statement in response (see 2010080066).

A possible switch from an elected to governor-appointed New Mexico Public Regulation Commission is dividing current and possibly future members. New Mexicans will vote Nov. 3 on that issue and on who will fill two commissioner seats at least until 2023, when the change would take effect. Nine other states also have utility regulator elections this year, with several candidates talking broadband.

None of the net neutrality order issues remanded to the FCC by the U.S. Court of Appeals for the D.C. Circuit (see 1910010013) needs further consideration, concluded the draft order released Tuesday for commissioners' Oct. 27 meeting. Even if supposed harms the 2017 order had on public safety, pole attachment rights for broadband-only providers, and the Lifeline program could be substantiated, they're limited and hugely outweighed by the order's benefits, the agency concludes.

A draft order circulated by FCC Chairman Ajit Pai Tuesday would delay a 5G Fund auction until after the commission collects new data through the still-unfunded digital opportunity data collection. That means an auction is unlikely to start until 2023. Commissioners approved an NPRM in April, with dissents by Democrats, that laid out two options -- starting an auction next year based on data then available or waiting for the new numbers (see 2004230046). The Oct. 27 meeting also includes net neutrality and other items (see 2010060056), a controversial order on compound expansions of wireless facilities and revised TV white space rules.