State regulation of interstate broadband rates is unlawful, said ISP groups in a Wednesday brief at the 2nd Circuit U.S. Court of Appeals in case 21-1975. The court should affirm a lower court’s rejection of New York’s law requiring $15 monthly plans (see 2107230044), said CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association. New York’s law conflicts with the FCC’s 2018 net neutrality order and “intrudes on an exclusively federal field,” said the industry groups: Multiple federal programs and voluntary industry services give New Yorkers many affordable broadband options.

The FCC doesn’t have the authority to require easy access to closed captioning display settings and doesn’t need to, said NCTA, ACA Connects and CTA in comments posted Friday in docket 12-108 in response to the Media Bureau’s call for a refreshed record (see 2201100052). A host of consumer groups disagreed, according to a joint filing from groups including Telecommunications for the Deaf and Hard of Hearing, the Helen Keller National Center, the National Association of the Deaf and the American Association of the DeafBlind. The problems highlighted in the FCC’s previous caption display settings round of comments have gotten worse, the groups said. “Apparatus and navigation devices still implement caption display settings through obscure, hard-to-find, hard-to-use, and inconsistent interfaces.” NCTA’s members already “have devoted significant resources to ensuring that the captioning features they provide are straightforward and simple to use,” NCTA said. The consumer tech industry “continues to innovate in user interface design” and “such advances demonstrate that the proposed mandate is unnecessary,” said CTA. The 1990 Television Decoder Circuitry Act “does not authorize the Commission to adopt rules regulating the provision of ‘ready access’ to closed captioning display settings by MVPDs,” said ACA Connects. Enabling viewers to easily access caption display settings is “required by the letter and spirit” of the Television Decoder Circuitry Act “as originally drafted” and consistent with other captioning rules, the consumer groups said. If the agency adopts a display setting requirement, it should include a “reasonable” compliance period and “narrowly tailored exemptions,” said CTA.

Commenters on the Universal Service Fund generally agreed its funding system is unsustainable and in need of changes but disagreed on the solution, in comments posted Friday in docket 21-476 (see 2112220051) as the FCC prepares its report to Congress on the future of USF.

ISP associations challenging California’s net neutrality law will seek rehearing en banc at the 9th U.S. Circuit Court of Appeals, said a Thursday stipulation by California and ACA Connects, CTIA, NCTA and USTelecom at the U.S. District Court for Eastern California. The parties agreed discovery at the lower court (case 2:18-cv-02684) should be stayed until the 9th Circuit rules on the rehearing petition. The appeals court last month upheld California’s law (see 2201280035).

State and local governments sought close coordination as billions of broadband dollars come from the federal infrastructure law, in comments we received. Comments were due Friday on NTIA’s request for comments on implementing broadband programs in the Infrastructure Investment and Jobs Act (IIJA). Industry groups sought NTIA assurance the broadband equity, access and deployment (BEAD) and middle mile programs would be technologically neutral. Advocacy groups wanted maximum stakeholder participation and a focus on equitable deployment.

Cable operators have instituted the transparency requirements mandated in the Television Viewer Protection Act "in the way that best suits their customers and existing sales and billing systems," NCTA said Friday in FCC docket 21-501. Comments on TVPA implementation by MVPDs were due Thursday (see 2112200057). NCTA said some cablers "go beyond the [truth-in-billing] requirements" in providing similar information for all their services. It said TVPA implementation in some cases required development, lab testing, field testing, and rollout of new billing and other software that could pull required disclosure data from various sources. ACA Connects said TVPA's retransmission consent “buying group” provisions "have largely served their limited purpose" because small MVPDs were able to facilitate deals in the past year between the National Cable Television Cooperative and large broadcasters. ACA said the retrans market "remains broken" and cited FCC data showing small MVPDs pay substantially more per subscriber than large operators, with that disparity widening. It said the buying group terms meant smaller transaction costs for broadcasters and MVPDs and likely meant lower prices for very small cable systems, but that didn't and couldn't narrow the gap between what big and small MVPDs pay.

California’s net neutrality law survived an appeal by ISP associations at the 9th U.S. Circuit Court of Appeals. The panel’s Friday opinion that the FCC can’t preempt states after giving up its own broadband authority could affect ISP challenges of Vermont net neutrality and New York state affordable broadband laws, said legal experts.

California’s net neutrality law survived an appeal by ISP associations at the 9th U.S. Circuit Court of Appeals. The 9th Circuit panel agreed with the U.S. District Court in Sacramento, which last February denied a preliminary injunction against California’s 2018 law. ACA Connects, CTIA, NCTA and USTelecom last March appealed in case 21-15430.

Facebook, Amazon and other tech and communications companies had Q4 lobbying spending increases, while most industry groups' outlays remained level or decreased from the same quarter in 2020. Huawei, the Computer & Communications Industry Association, the now-defunct Internet Association (see 2112150026), and ViacomCBS had the largest percentage increases; BSA|The Software Alliance, NCTA and Broadcom had the steepest decreases. Facebook was again the biggest tech and communications spender, reporting $5.42 million, up more than 15%. Amazon spent $4.92 million, almost 4% higher. NCTA laid out $4.17 million, down 19%. CTIA's was $4.1 million, declining 11%. Comcast spent $3.49 million, dropping almost 11%. Charter and Verizon each spent $2.99 million, a 24% increase for Verizon and a 2% decrease for Charter. AT&T spent $2.94 million, more than 11% up. T-Mobile reported $2.64 million, a 10% increase. Qualcomm posted $2.49 million, a more than 33% jump. Microsoft was $2.47 million, a more than 12% rise. Google disclosed $2.21 million, a more than 4% increase. NAB spent $1.96 million, a more than 8% decrease. Apple spent $1.86 million, a 28% increase. ViacomCBS spent $1.597 million, a 79% jump. Dell had $1.25 million, 37% higher. IBM expended $1.06 million, an almost 1% increase. Huawei spent $980,000, a 48-times jump. Cox spent $840,000, a 1% boost. Disney spent $800,000, up 11%. USTelecom was $720,000, an 11% decrease. The Information Technology Industry Council spent $650,000, up 16%. IA expended $470,000 on lobbying during its final quarter, up more than 113%. Broadcom spent $410,000, down 16%. Twitter was $310,000, 16% lower. BSA spent $240,000, dropping more than 38%. The Wireless Infrastructure Association was $190,000, up more than 5%. ACA Connects spent $160,000, little changed. CCIA's $115,000 was up 475%. The Wireless ISP Association spent $72,000, level with 2020. The Telecommunications Industry Association spent $70,000, also level.

With enrollment now open for the FCC’s affordable connectivity program and the transition from the emergency broadband benefit program underway, some consumer advocacy groups told us they're concerned that EBB-enrolled households could face a bill shock or lose their benefit entirely if required to affirmatively opt in to receive the new benefit. Several questions remain because the FCC hasn't issued rules for the new program and the higher subsidy amount is set to end March 1.