Industry groups clashed with consumer advocates and wireless providers whether E-rate should be used for self-provisioning services to students, in replies posted Wednesday in docket 21-31 on a Schools, Health & Libraries Broadband Coalition's petition to temporarily support remote learning (see 2101260055). That would raise "practical, financial, and legal issues that are too complex," and funding should be used to support existing services, said Verizon. USTelecom, NTCA and NCTA agreed. ACA Connects said its members "readily install wireline service within days of getting an order," and it "exceeds the performance of mobile wireless service." A coalition of advocacy groups, including New America, Public Knowledge, Consumers Reports, Common Sense, Benton Institute for Broadband & Society and Access Humboldt, disagreed: Verizon's argument is "self-serving" and "willfully ignores the Herculean efforts many school districts have already undertaken" to connect students during the pandemic. Schools should be given the flexibility to "use hybrid approaches tailored to local circumstances," like fixed wireless services that "authenticate students directly to the school's network," the groups said. Approve the use of fixed wireless services because they can be deployed "very quickly," the Wireless ISP Association urged. Incompas agreed: Allow "hotspots, mobile wireless towers, or equipment that can reasonably be expected to support remote learning." UScellular and the National School Boards Association echoed that. "Setting aside support for any technology should be rejected in favor of permitting people to choose services that best suit their educational needs," said UScellular. Allow E-rate funds to be used for remote learning beyond the pandemic because "not all students will be able to reenter the classroom when doors reopen on day one," said Zoom.

Congress, not courts, should decide net neutrality, said a federal judge Tuesday, ruling from the bench denying ISPs a preliminary injunction against California’s law (see our bulletin). “I don't find that the plaintiffs have demonstrated a likelihood of success on the merits at this stage of the litigation,” said Judge John Mendez on the motion by ACA Connects, CTIA, NCTA and USTelecom in case 2:18-cv-02684. This paves the way for the law to take effect, cheering fans of using Communications Act Title II to regulate broadband service, while industry plaintiffs agreed with the judge that Congress must step in.

A federal judge Tuesday questioned ISPs’ commitment to voluntarily follow net neutrality principles. ACA Connects, CTIA, NCTA and USTelecom at the teleconferenced hearing urged the U.S. District Court in Sacramento to support their preliminary injunction motion against California in case 2:18-cv-02684. Judge John Mendez repeatedly asked plaintiffs about what harm the 2018 California law (SB-822) would cause if allowed to take effect. The hearing was still going at 6 p.m. EST.

A federal judge denied preliminary injunction for ISP associations against California’s net neutrality law at a teleconferenced Tuesday hearing at the U.S. District Court in Sacramento. The comments came following industry and government arguments. See our news report here.

Let E-rate funds be used for remote learning, providers, industry and advocacy groups told the FCC in comments posted Wednesday in docket 21-31 on a petition led by the Schools, Health & Libraries Broadband Coalition (see 2101260055). Granting this petition would “further the public interest by meeting pressing educational needs, and do so without jeopardizing public health, ” said Amazon, echoed by Microsoft and Apple. The homework gap has “grown into a remote learning gulf,” said Microsoft. Wireless internet access should also play a "critical role" in connecting students, as weekly wireless data use increased nearly 30% since July, said the Competitive Carriers Association, which CTIA echoed. The temporary request should be “administratively and financially separate from the traditional E-rate program,” because it would “likely substantially increase the amount of funding,” said AT&T. Consider a “supplemental application window” to support off-campus E-rate support, Verizon suggested. Speed is essential, and rules should be simplified for schools interested in applying E-rate funds for off-campus use, said USTelecom, which NCTA echoed. Allow flexibility in how E-rate funds are used to meet the needs of schools and students, said New America, Public Knowledge, Consumer Reports, the Benton Institute for Broadband & Society and Access Humboldt. "Declare that so long as remote learning connections and services are used primarily for educational purposes, cost allocation is unnecessary during the pandemic emergency and through the end of the 2021 E-Rate fiscal year." Existing mechanisms "afford the commission the ability to address this extraordinary need created by the pandemic," said ACA Connects.

The federal court reviewing California’s net neutrality law asked how DOJ's withdrawing its challenge (see 2102080073) affects the separate lawsuit by ACA Connects, USTelecom, CTIA and NCTA. ISP plaintiffs and California should file a brief joint status report by Feb. 16 “stating their position as to whether the United States of America's voluntary dismissal in 18-cv-02660 affects this matter in any way, and, if so, how,” said Monday's minute order (in Pacer) in case 2:18-cv-02684 at U.S. District Court in the Eastern District of California. ACA opposition to the California law is unchanged, a spokesperson said. USTelecom didn’t comment Tuesday, and CTIA and NCTA declined to comment.

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.