The Competitive Carriers Association and NTCA urged caution as the FCC considers how to tighten secure telephone identity revisited (Stir) and signature-based handling of asserted information using tokens (Shaken) rules, with an eye on moving up by a year the June 30, 2023, deadline for smaller providers to implement the technology (see 2105200072). Replies were posted Tuesday in docket 17-97. ‘’Be careful not to inadvertently penalize carriers acting in good faith and earnestly seeking robocall mitigation solutions for their consumers,” CCA said: “Additional time to implement STIR/SHAKEN is vital for small carriers. The Commission should adopt an approach that is most likely to address the most culpable parties without inadvertently sweeping in those providers operating in good faith.” The record supports targeting “bad actor” providers that “knowingly enable (or turn a blind eye towards) parties using voice service to generate illegal robocalls and ‘spoofing’ caller-ID information,” said NTCA: “The record also highlights the importance of avoiding overly-inclusive and burdensome proposals that would sweep in innocent voice providers.” USTelecom supports keeping the current deadline for facilities-based providers, but shortening it for others. “Should the Commission move forward with the proposal, it should allow such nonfacilities based providers to seek the full two-year extension based on the same challenges the Commission cited when it first adopted the small provider extension,” the group said. “There can be no justification for imposing an accelerated deadline on small voice providers that are not prone to originating large volumes of illegal robocalls and that are operating in good faith to meet the June 30, 2023 deadline,” said ACA Connects. The rules should be “narrowly tailored to capture the most likely sources of illegal robocalls,” NCTA said.
Democratic senators are actively eyeing how to use a planned $3.5 trillion budget reconciliation package to further boost broadband spending beyond the $65 billion in connectivity money included in the bipartisan Infrastructure Investment and Jobs Act (HR-3684) the chamber passed Tuesday. Republicans told us they’re concerned about such an attempt to double-dip on broadband spending given the amount of money they already agreed to allocate via HR-3684 and a set of COVID-19 aid bills. HR-3684 itself still must clear the majority-Democratic House before it goes to President Joe Biden’s desk.
NTIA's Allan Friedman, who helped lead software bill of materials (SBOM) multistakeholder work, leaves for Department of Homeland Security's Cybersecurity and Infrastructure Security Agency, where he says he will help CISA "focus on scaling and operationalizing" SBOM, "in the context of the vulnerability and security ecosystem" ... Also at NTIA, Aadil Ginwala begins as chief of staff; he had worked at Sandpaper Medical and Walla Technologies ... Forbes Tate Partners hires ex-AT&T Assistant Vice President-Federal Relations Kevin McGrann as senior vice president, working in Public Affairs and Government Relations practices.
New York is enjoined from enforcing its broadband affordability law, in a stipulated final judgment (in Pacer, docket 21-CV-02389) approved Wednesday by U.S. District Judge Denis Hurley in Central Islip, Long Island. Hurley ruled last month that ISPs would likely succeed on conflict and field preemption arguments, and granted a motion for preliminary injunction by the New York State Telecommunications Association, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association (see 2106110064). Under the stipulated final judgment, the sides agreed to a final judgment in favor of the ISP interest plaintiffs conceding that the state law is preempted by federal law. New York Attorney General Letitia James (D) reserves the right to appeal the stipulated final judgment, declaration and permanent injunction. Her office didn't comment. For our report on the sides settling this case that may go to an appeals court, see here.
New York will continue defending its broadband affordability law, with a pact between the state attorney general and ISP plaintiffs a procedural step on the way to appeal, said an AG office spokesperson Friday. New York reserved appeal rights while agreeing not to enforce its law, in the agreement with ISP associations including the New York State Telecommunications Association (NYSTA), USTelecom and CTIA. See our bulletin. “The parties have conferred and agree that the Court’s holdings on preemption” in its June 11 preliminary injunction order “resolve the substantive legal issues in this matter and render the entry of final judgment appropriate,” said the stipulated final judgment (in Pacer). New York reserves the right to appeal the stipulated final judgment, declaration and permanent injunction, it said. “Defendant expressly reserves all appellate rights in this matter.” Assistant AG Patricia Hingerton asked (in Pacer) Judge Denis Hurley to order the proposed stipulation be filed by the parties Friday in case 2:21-cv-02389 at U.S. District Court in Central Islip, New York. Hurley ruled last month that ISPs would likely succeed on conflict and field preemption arguments, and granted the motion for preliminary injunction by NYSTA, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association (see 2106110064). New York appealed June 30 to the 2nd U.S. Circuit Court of Appeals (see 2106300071). “It looks like the parties agreed to take steps to move the appeals process forward,” emailed New York Public Utility Law Project Executive Director Richard Berkley. “This case would never have ended after a decision by the trial court; it was always going to be appealed. So this would save the time of having to fight it out in the lower court, then start moving it up the appeals courts' ladder.” ISP groups declined to comment.
Amazon again supplanted Facebook in Q2 as top lobbying spender in tech and telecom, with NCTA and Comcast rounding out the top four. Huawei, Twitter, the Information Technology Industry Council and Telecommunications Industry Association had the sectors' largest percentage increases compared with the same period last year. Broadcom, BSA|The Software Alliance and the Computer and Communications Industry Association had large decreases. Amazon spent $4.86 million in Q2, up almost 11%. Facebook paid $4.77 million, down 1%. NCTA disbursed $3.26 million, down more than 10%. Comcast spent $3.25 million, down almost 11%. AT&T spent just over $3 million, down more than 10%. Verizon expended $2.76 million, up almost 9%. Charter Communications was little changed at $2.57 million, and CTIA at $2.5 million was also flat. Microsoft spent $2.47 million, a 15% decrease. T-Mobile spent $2.4 million, down 8%. NAB fell 5% to $2.18 million. Qualcomm gained 8% to $2.13 million. Google reported $2 million, a more than 23% increase. Apple had $1.64 million, an almost 11% increase. ViacomCBS paid $1.6 million, up 39%. Dell's $1.12 million was a 23% increase. Huawei spent just over $1 million, a 523% increase. IBM was $980,000, down more than 5%. Disney spent $830,000, down more than 6%. Cox's $810,000 was down almost 13%. Twitter spent $660,000, a 69% increase. ITI spent $600,000, rising 43%. USTelecom was relatively unchanged at $570,000. Lumen had $520,000, an almost 9% increase. The Internet Association disclosed $390,000, up more than 14%. Broadcom posted $360,000, down 40%. BSA was $290,000, down almost 31%. ACA Connects was level at $160,000. NTCA also spent $160,000, an 11% decrease. ICANN spent $85,000, similar to Q2 2020. TIA spent $70,000, a 40% increase. CCIA's $30,000 was down 25%.
As the FCC works on new broadband availability maps, experts said in recent interviews that building a nationwide map requires a focus on answering specific questions about connectivity. Some said it may be months before a final map is released.
Allow industry flexibility and avoid prescriptive rules on accessibility, replied NAB, Zoom, ACA Connects and CTA on the 21st Century Video Accessibility Act posted Wednesday in FCC docket 21-140. “Accessibility is not something that must be mandated with a heavy hand,” said Zoom. “The regime is working overall,” said CTA, saying industry “is continuing to meet the needs of consumers free of unnecessary red-tape.” CTA said the FCC should relax some CVAA rules to increase flexibility, such as letting alternative technology fulfill captioning requirements. It would be “premature” for the agency to adopt audio description quality standards as rules, said ACA Connects. “Broadcasters have demonstrated their commitment to ensuring access,” NAB said. Industry accessibility initiatives are a “critical” part of the CVAA, but “accessibility barriers continue to require substantial ongoing vigilance and action from the Commission,” said groups including Telecommunications for the Deaf and Hard of Hearing, Communications Service for the Deaf, and National Association of the Deaf. Strengthen rules and reject “unwarranted calls to weaken accessibility mandates,” they asked.
The House Appropriations Committee’s proposed report on the Financial Services Subcommittee-cleared measure to fund the FCC and FTC in FY 2022 seeks further work on changes to USF contribution rules and wants additional study of how municipal broadband can expand connectivity access. The committee was still considering the underlying bill late Tuesday afternoon. Dueling panels of telecom policy officials disagreed on how lawmakers should translate into legislation the $65 billion broadband component in a bipartisan infrastructure package framework President Joe Biden endorsed last week (see 2106240070).
New York may not start enforcing a state broadband law requiring $15 monthly low-income plans that was to go into effect Tuesday, a federal judge ruled (in Pacer) Friday. ISPs challenging the state’s Affordable Broadband Act (ABA) are likely to succeed on conflict and field preemption arguments, ruled Judge Denis Hurley of U.S. District Court in Central Islip, New York. ISPs showed imminent, irreparable harm, and the balance of equities and public interest favor keeping the status quo, he said. The decision counters recent rulings in California net neutrality and Maine ISP privacy cases where courts said states aren’t preempted.