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.

Don’t “exclude mobile-satellite service providers" from the 2022 5G Fund auction if they can deliver in unserved or underserved areas to "technical and performance standards,” AST & Science said in calls with FCC staff. “Encourage the use of advanced technologies to deliver universal service funding to the most difficult to serve areas by earmarking a small portion (10% to 15%) of the 5G Fund for qualified applicants who commit to use innovative, non-traditional systems to serve areas that otherwise are highly unlikely to receive service.” Monday's posting is in docket 20-32.

Don’t “exclude mobile-satellite service providers" from the 2022 5G Fund auction if they can deliver in unserved or underserved areas to "technical and performance standards,” AST & Science said in calls with FCC staff. “Encourage the use of advanced technologies to deliver universal service funding to the most difficult to serve areas by earmarking a small portion (10% to 15%) of the 5G Fund for qualified applicants who commit to use innovative, non-traditional systems to serve areas that otherwise are highly unlikely to receive service.” Monday's posting is in docket 20-32.

New York Attorney General Letitia James and 18 other Democratic state attorneys general were among those filing amicus briefs Wednesday opposing a DOJ bid to get a preliminary injunction to stop enforcement of California’s net neutrality law (see 2008050060). DOJ's and ISPs’ lawsuits against the California statute (SB-822) in U.S. District Court in Sacramento resumed in early August after Mozilla and others let pass a July 6 deadline to seek a Supreme Court review of FCC rescission of its 2015 national rules (see 2007300041). TechFreedom, TIA and the U.S. Chamber of Commerce filed amicus briefs in August supporting the litigation (see 2008200034).

New York Attorney General Letitia James and 18 other Democratic state attorneys general were among those filing amicus briefs Wednesday opposing a DOJ bid to get a preliminary injunction to stop enforcement of California’s net neutrality law (see 2008050060). DOJ's and ISPs’ lawsuits against the California statute (SB-822) in U.S. District Court in Sacramento resumed in early August after Mozilla and others let pass a July 6 deadline to seek a Supreme Court review of FCC rescission of its 2015 national rules (see 2007300041). TechFreedom, TIA and the U.S. Chamber of Commerce filed amicus briefs in August supporting the litigation (see 2008200034).

All three Mississippi Public Service Commission members asked the FCC 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. The FCC is looking into this, a spokesperson said Wednesday. “As part of our annual certification of” eligible telecom carriers, “evidence has been uncovered by our agency that leads to great concern surrounding the validity of AT&T Mississippi’s claims and the honesty of data submitted by them to the Universal Service Administrative Company’s High Cost Universal Broadband,” said a Tuesday letter signed by Chairman Dane Maxwell (R) and Commissioners Brandon Presley (D) and Brent Bailey (R). The PSC investigation found “concrete, specific examples” showing the company reported addresses as served when they aren't, said the commissioners, alleging AT&T has “actual knowledge” of the allegedly invalid submissions. AT&T responded last month to the PSC’s subpoena (see 2009180047). "The data we report as part of Phase II of the Connect America Fund is already subject to strict audit and compliance measures by the federal government," and the carrier is focused on deploying high-speed infrastructure across Mississippi, a company spokesperson emailed now.

Commissioner Mike O'Rielly's nearly seven-year FCC career will wrap up by year's end. During the agency's September meeting Wednesday, he said he's folding on others' efforts to get himself renominated. He said he's leaving regardless of how the November presidential election plays out (see 2009300014).

The National Tribal Telecommunications Association seconded concerns NTCA raised in August about the resurgent FCC budget control mechanism on rural LECs receiving cost-based Connect America Fund broadband loop support or high-cost loop support. NTCA said the mechanism “will reduce by more than $37 million” over the next year “the amount of universal service support to be received by several hundred small rural companies and cooperatives.” NTTA members, like rural LECs in general, “have been making significant efforts to ensure customers retain broadband service, including not disconnecting service for an inability to pay due to COVID-19 related financial difficulties many customers are facing,” said NTTA's docket 10-90 filing Tuesday: “NTCA’s request to waive the operation of the [mechanism] ‘for the pendency of the COVID-19 national emergency’ should be adopted … as soon as possible.”

FCC commissioners will likely approve an order 5-0 Wednesday cutting IP captioned telephone service (IP CTS) rates, though FCC Democrats Jessica Rosenworcel's and Geoffrey Starks' concerns are expected to be discussed, FCC and industry officials said. Among the biggest is how well automated speech recognition (ASR) technology will work to generate captions. There has been little input from consumers since the draft was proposed, officials said. An FCC spokesperson didn’t comment.

Internet gaps exposed by COVID-19 are fueling calls by state policymakers to treat broadband like a utility. With federal preemption issues, the California Public Utilities Commission plans to “push the question,” said Commissioner Martha Guzman Aceves in an interview last week. Washington state’s net neutrality law author said he will seek to fully allow municipal broadband next year. A Michigan regulation bill might also return in 2021.