The FCC is seemingly confident the C-band band transition plan cost estimates due Friday won't be inflated. Eutelsat warned about possible abuse of relocation funding (see 2005150028) and Director-Regulatory Affairs and Spectrum Wladimir Bocquet told us some cost estimate ranges in the FCC's draft cost catalog were considerably high, particularly for launches and replacement satellites. Cable interests are asking for more time to review the satellite transition plans.
Commissioners 3-2 approved procedures for the Rural Digital Opportunity Fund Phase I auction Tuesday, with partial dissents from Commissioners Jessica Rosenworcel and Geoffrey Starks. The Democrats repeated concerns about spending most of RDOF's $20.4 billion 10-year support before the agency has access to reliable data on all areas unserved by 25/3 Mbps.
Having large cable operators continue to compile and upload attributable programming interest information to make future program access complaints easier is reasonable due to how difficult it can be to independently obtain such details, ACA Connects said in docket 20-35 Wednesday. It said the compliance burden is minimal. ACA responded to criticisms from NCTA, which didn't comment.
Maine Attorney General Aaron Frey (D) opposed the telecom industry seeking immediate ruling that the state’s ISP privacy law is unconstitutional (see 2004070015). “It would be premature -- and misguided -- for the Court to grant judgment to” ACA Connects and other plaintiffs, the defendant said (in Pacer) Wednesday at the U.S. District Court of Maine. “The First Amendment accords comparatively less protection to commercial speech than traditional protected speech,” Frey said. The AG separately moved (in Pacer) for judgment on the industry’s federal preemption claims.
Cable, state and consumer officials say legal fights in Maine and New Jersey with cable operators challenging state prorating laws aren't likely to be replicated elsewhere because momentum is unlikely for other statehouses to adopt such rules and many states lack cable authority. Not offering pro rata refunds is a relatively new cable practice, and Maine and New Jersey losing their fights with Charter and Altice, respectively, could be "a green light" for other cable operators to follow suit, said Consumers Union (CU) Senior Policy Counsel Jon Schwantes.
Blue Apron's Jason Hatcher, vice president-operations, and Greg Wysocki, vice president-procurement and supply chain, take over fulfillment and supply chain operations ... Nexstar promotes Chris Pruitt to vice president-general manager, broadcast and digital operations in Houston ... Senate confirms John Ratcliffe, 49-44, as director of national intelligence (see this section, May 20).
House Consumer Protection Subcommittee ranking member Cathy McMorris Rodgers, R-Wash., criticized the House-passed Health and Economic Recovery Omnibus Emergency Solutions Act (HR-6800) during a Wednesday ACA Connects event. She nevertheless remains “committed” to enacting privacy legislation this year. HR-6800 was “more of a statement” bill than a serious effort to enact more COVID-19 aid and largely passed “on a partisan basis," McMorris Rodgers said. The measure, OK'd 208-199 (see 2005180056), contains emergency broadband funding and would make local broadcasters and other media outlets eligible for the federal Paycheck Protection Program. McMorris Rodgers criticized language to bar ISPs and voice providers from terminating or otherwise altering service to individual customers and small businesses because of an inability to pay caused by pandemic-caused economic hardships (see 2005210033). She criticized House Democratic leaders for moving to change the chamber’s rules to temporarily allow proxy voting and virtual participation in committee business (see 2005180042), saying she has “serious concerns” it could further “concentrate power” in the office of House Speaker Nancy Pelosi, D-Calif. McMorris Rodgers is “hopeful” Commerce Committee Chairman Frank Pallone, D-N.J., will continue his efforts during the epidemic to ensure all conference calls and other committee business include bipartisan participation. COVID-19 has “underscored” the importance of passing privacy legislation this year, though it’s disappointing House and Senate Democrats filed the pandemic-specific Public Health Emergency Privacy Act last week, McMorris Rodgers said. She fears HR-6866/S-3749, which aims to ensure data collected for public health purposes is strictly limited to use for that purpose (see 2005140058), “is going to undermine our efforts” to pass a more comprehensive measure. Lawmakers “need to make sure that we get it right,” McMorris Rodgers said.
Net neutrality stakeholders didn't budge on three remanded issues (see 1910010018), in replies to the FCC posted through Thursday in dockets including 17-287. "Concerns noted by the Mozilla court on three discrete issues do not justify abandoning the Commission’s decision to return to [Communications Act] Title I classification as the benefits of the regulatory framework ... vastly outweigh any potential costs," USTelecom said. Common Cause, Public Knowledge and New America’s Open Technology Institute want the FCC to retain Title II common carrier authority over broadband and "restore legal certainty for the Lifeline program, empower the Commission to protect public safety during the COVID-19 pandemic." The Greenlining Institute wants the FCC to "acknowledge the lessons of the COVID-19 pandemic and the importance strong net neutrality protections" have for public safety. CTIA said "concerns regarding paid prioritization’s impact on public safety are theoretical, have not materialized." The Alarm Industry Communications Committee said "state and local laws often impose service standards that alarm companies may not be able to meet without adequate protection of their use of broadband networks." Verizon said there's ample evidence to find "no reason to revisit its decision to restore the information service classification for broadband." NCTA wants the FCC to conclude its current regime "is fully warranted from the perspective of public safety, pole access, and the Lifeline program." Incompas countered claims there have been no major net neutrality violations since the repeal: "In addition to the fact that there is no longer a federal 'cop on the beat' ... there very well could be violations occurring that customers do not realize." AT&T said the FCC "has ample ancillary authority to extend section 224 rights to standalone broadband providers if it concludes that doing so is necessary for competitive parity in non-certifying states, just as it has ancillary authority to extend Lifeline support to standalone broadband services." ACA Connects said the FCC "cannot and should not upend its entire regulatory framework for broadband merely to cater to the interests of broadband-only providers in invoking" one-touch, make-ready pole attachment rules. The Wireless ISP Association wants the FCC to use its statutory authority to eliminate practices that slow down broadband deployment, such as discriminatory infrastructure access. Other replies came from the Broadband Institute of California at the Santa Clara University School of Law (here), Center for Democracy and Technology (here) Free Press (here) and the California Public Utilities Commission (here), which unsuccessfully sought a longer deadline extension due to the pandemic (see 2005200013). Initial comments came in last month (see 2004210019).
Many small and mid-sized broadband and voice providers quickly signed up for the Keep Americans Connected pledge extension (see 2005140063). Now, some said in interviews, expenses associated with KAC could start to become serious if it goes beyond its current June 30 span. Some don't expect the FCC pledge to get another extension.
Smaller carriers that haven’t converted landline systems to VoIP seek extensions to comply with the secure telephone identity revisited (Stir) and secure handling of asserted information using tokens (Shaken) caller ID authentication framework requirements from the Traced Act, in comments posted through Monday in docket 20-67. They face implementation challenges (see 2002260058). NTCA wants the deadline extended to June 2023 for rural LECs. The FCC should “adopt compliance timeframes tied to RLECs’ ability to obtain and integrate into operating budgets vendor solutions," NTCA said. Extensions "without regard to the actual circumstances impacting implementation would only risk holding back the pace of the IP transition," AT&T said. USTelecom urged "proceed[ing] with caution" because in its experience "virtually all illegal robocalls are either originated by small IP-based providers" or gain network access through them. USTelecom said it supports a one-year implementation extension "due to undue hardship for small voice providers, on a case-by-case basis." Establish "policies that address the robocall and spoofing challenges differently for TDM than for IP," Verizon said. ACA Connects members need time and flexibility to overcome implementation barriers, it said. Consider transition costs and the amount of TDM that remains in the network, WTA suggested: Encourage research and deployment on alternative call authentication methodologies. WISPA asked for waivers. "Unlike larger nationwide providers, small providers often are dependent on third-party vendors" in such situations, the Competitive Carriers Association said: "Any delay by a vendor would be out of a provider’s control." T-Mobile wants the FCC to extend the mandate to intermediate carriers because otherwise terminating carriers can't verify a call's identification. Include wireline, wireless, VoIP providers and over-the-top voice services, NCTA said. Facilitating the VoIP transition could maximize effectiveness, Comcast said.