California’s net neutrality law still faces industry challenge after DOJ notified (in Pacer) the U.S. District Court in the Eastern District of California Monday that it moved to voluntarily dismiss the case (see 2102080059). Judge John Mendez soon afterward dismissed (in Pacer) and closed case 2:18-cv-02660, but not USTelecom, ACA Connects and other industry associations’ separate suit in case 2:18-cv-02684 before the same judge. Democrats applauded DOJ's withdrawing.

Let noneligible telecom carriers access Universal Service Administrative Co. data systems so they can immediately participate in the emergency broadband benefit program, NCTA, ACA Connects, the Wireless ISP Association and Incompas asked FCC Wireline Bureau staff, per a letter posted Thursday in docket 20-445 (see 2101260053). Consumers will be "deprived of the variety and quality of services that Congress intended the program to provide" if non-ETCs are unable to sign up customers and be reimbursed as existing Lifeline providers, the associations said.

Providers, regulators and advocacy groups urged the FCC to establish broad eligibility criteria for its $3.2 billion emergency broadband fund and begin the program as soon as possible (see 2101070052). Several suggested relying on Lifeline rules. Some urged working with other federal agencies on data-sharing agreements to ensure all eligible households can enroll. Comments were due Monday.

Problematic FCC maps and a rush to meet a federal deadline to use coronavirus relief money factor into a dispute over Wyoming broadband support, said the different sides in interviews. Tongue River Communications said it could go out of business due to Wyoming subsidizing overbuilding by Visionary Communications. The state said it relied on the commission’s Form 477 data to find the area unserved and lacked time for challenges, with the Dec. 30 deadline in March's Coronavirus Aid, Relief and Economic Security (Cares) Act. “There’s blame all around, but it can be correctly done,” said former FCC Commissioner Mike O’Rielly.

President Joe Biden named Jessica Rosenworcel as acting FCC chair Thursday (see 2101210053), and Rebecca Kelly Slaughter as acting FTC chair (see 2101210048). The Commerce Department said Evelyn Remaley, head of NTIA’s Office of Policy Analysis and Development, will temporarily lead that agency.

The FCC clarified Tuesday that charging the entire cost of a pole replacement to a requesting attacher when it isn't the sole cause of the replacement is "unreasonable and inconsistent" with the Communications Act Section 224. The commission issued its declaratory ruling in lieu of acting on NCTA's petition for clarification on pole replacements in unserved areas (see 2007170023). ACA Connects CEO Matthew Polka said it's one of a "series of recent decisions by the FCC to rein in investor-owned utilities' pole access practices that violate the statute and undermine broadband deployment."

FCBA said 19 employers are in its inaugural diversity pipeline program, which will facilitate technology, media and telecom internship placements for law students. It said Monday that participating law firms are Davis Wright, Harris Wiltshire, Hogan Lovells, Kellogg Hansen, Kelley Drye, Lerman Senter, Mintz, Wilkinson Barker, Wiley and Willkie Farr. Also participating are ACA Connects, CTIA, NCTA, USTelecom, AT&T, Charter Communications, Comcast/NBCUniversal, T-Mobile and Verizon. The program remains open to employers in the Washington area through Jan. 18, said FCBA. Students may apply until Friday. “As the Tech Bar, the FCBA has real power to drive meaningful diversity, inclusion, and equity, and it is our responsibility to do so,” said President Natalie Roisman. Such efforts were discussed in our recent Special Report on diversity (see here and here).

Facebook extended its ban of President Donald Trump’s accounts on the platform and Instagram “indefinitely and for at least the next two weeks,” until Joe Biden takes office, CEO Mark Zuckerberg announced. Also Thursday, congressional critics and others in the telecom and tech spheres slammed Trump over his encouraging protesters to go to the Capitol, where several were reported by authorities to have been killed. See here and here for our reports. (Our reporter, who was trapped for several hours, was later able to safely leave, as were other journalists.)

The combined FY 2021 appropriations and COVID-19 aid omnibus bill (HR-133) that Congress passed Monday got further praise from lawmakers and other observers Monday and Tuesday for its broadband funding and other telecom and tech policy provisions (see 2012210055). HR-133’s approval got a far more mixed reception from within the copyright community because it includes text from the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273) and Protecting Lawful Streaming Act. Both chambers passed HR-133 by overwhelming margins, sending the measure to President Donald Trump.

In an era of the Me Too movement and Black Lives Matter, running the companies and institutions that dominate the communications universe largely remains a white male affair, according to our analysis of the board membership of major companies, trade and interest groups. Women hold 12% of board seats among broadcasters and 28% among MVPDs and programmers. People of color are harder to find on those boards: 6% at broadcasters, 28% at wireline and wireless operators.