The FCC shouldn’t directly or indirectly ban bulk broadband billing agreements, ACA Connects said during a call with an aide to Chairwoman Jessica Rosenworcel, according to an ex parte filing posted in docket 17-142. A ban would lead to rate increases for residents in multiple tenant environments, ACA said. In addition, it would prompt worse services for MTEs, the group said. MTE owners could evade FCC rules by building internal networks and charging tenants without the right to opt out, the filing said. “These networks -- unlike those of ACA Connects’ members providing bulk services -- would tend to lock in current technology and capacity limits because an MTE owner serving its own tenants would not be subject to the same competitive forces as a broadband provider.” The FCC should “proceed cautiously” and shift from a proposed Further NPRM on bulk billing to a notice of inquiry, ACA said: “We are confident that such an inquiry would provide additional support for the Commission to refrain from intervening to regulate bulk billing arrangements.”

ISP groups will voluntarily dismiss their lawsuit against Vermont’s net neutrality law, a Friday notice at the U.S. District Court of Vermont said. The groups are ACA Connects, CTIA, NCTA, USTelecom and the New England Cable & Telecommunications Association (case 2:18-cv-00167-CR). Vermont’s law seemed in good shape following significant, late-April decisions by the FCC and the 2nd U.S. Circuit Court of Appeals (see 2405030057).

New York state’s affordable internet law won’t be enforced for now, ISP associations said Monday. The industry groups won’t file a petition for rehearing or rehearing en banc of a 2nd Circuit U.S. Court of Appeals decision upholding New York state’s Affordable Broadband Act, according to a Friday letter to the court from ACA Connects, CTIA, NTCA, USTelecom and the New York State Telecommunications Association. The 2nd Circuit ruled in April that federal law doesn’t preempt the 2021 New York law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051). The 2nd Circuit issued its mandate on that decision Monday. While Friday’s letter to the court didn’t say why ISPs wouldn’t seek rehearing, the industry groups previously told the court they were working toward an agreement with the state that would make a rehearing petition unnecessary (see 2406060038). In a joint statement Monday, the associations said they agreed not to seek rehearing because Attorney General Letitia James (D) agreed to “suspend enforcement of this law while the courts consider the litigation in this case.” The ISP groups said they “continue to support state and federal measures that foster broadband affordability without requiring rate regulation.” While the groups won’t seek rehearing by the 2nd Circuit, they could still seek U.S. Supreme Court review by the end of July. However, the industry groups expect a 6th Circuit ruling before that deadline -- possibly in the next three weeks -- on the FCC’s order reclassifying broadband as a Title II service, said an industry lawyer involved in the appeals process. The 6th Circuit ruling would affect how ISPs proceed on their challenge to the New York law because the 2nd Circuit decision was based on broadband as Title I, the lawyer said. If the 6th Circuit stays the FCC order, preserving a Title I world, industry would likely appeal the 2nd Circuit decision to the Supreme Court, the source said. However, if there isn’t a stay and the Title II order takes effect, industry could instead file a fresh lawsuit at the district court challenging the New York law under the Title II regime, the attorney said. AG James agreed not to enforce the state law until Aug. 21 or 14 days after a potential 6th Circuit stay of the FCC order, the attorney said. New York’s AG office referred us to the New York Public Service Commission for comment. However, a PSC spokesperson said the commission doesn’t comment on pending litigation.

The FCC's proposed crackdown on video carriage agreements' most-favored nation (MFN) and alternative distribution method (ADM) provisions is being met with huzzahs from independent programmers and allies. But docket 24-115 comments last week saw multichannel video programming distributors (MVPD) argue that the more-pressing problem is big programmers forcing contractual terms. The agency's commissioners in April approved 3-2 an indie-programmer NPRM that proposed restrictions on carriage agreement terms and sought comment on bundling practices broadly (see 2404190063).

ISPs and industry groups told the FCC that while competition and access remain strong in the broadband marketplace, additional regulation could harm future investment and deployment. Those views were included in feedback the FCC sought about its biannual State of Competition in the Communications Marketplace report to Congress (see 2404220050). In comments, some wireless groups urged making additional spectrum available. MVPDs and broadcasters said the FCC should recognize the increasing competition they face from streaming video and accordingly relax regulations. Comments were posted Thursday and Friday in docket 24-119.

A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service (see 2405310074). The coalition asked the FCC to stay the effective date of its order and declaratory ruling pending judicial review. Coalition members included USTelecom, NCTA, CTIA, ACA Connects and several state broadband associations.

The costs of complying with the FCC’s updated data breach notification rule “detract from the core work” of five trade associations' small-business members “to connect existing and new customers in hard-to-serve areas and close the digital divide,” said those trade groups in an amicus brief Wednesday in the 6th U.S. Circuit Appeals Court. Joining the brief were ACA Connects, the Competitive Carriers Association, NTCA, the Wireless ISP Association and WTA.

A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service.

A proposed Missing and Endangered Persons (MEP) emergency alert system code was universally supported in comments from native groups, public safety officials, CTIA and NCTA. Comments were filed in docket 15-94 last week. Some entities differ on how a wireless emergency alert version should be implemented, and on whether an additional code is needed specifically for missing indigenous people. "There is little or no doubt that a dedicated alert code of this type will save lives and will therefore greatly exceed any nationwide implementation costs,” the National Tribal Telecommunications Association (NTTA) said of the MEP code.

The House's passage Wednesday night of the NTIA Reauthorization Act (HR-4510) was met with industry group applause. The Computer & Communications Industry Association said Thursday reauthorization "is critical to wireless innovation and advancement" and that the Senate should consider reauthorization expeditiously. ACA Connects said the reauthorization "will help ensure NTIA manages resources effectively to close the digital divide, enhance cyber security, and secure supply chains." The bill passed 374-36. During Wednesday's House Communications Subcommittee oversight hearing (see 2405150020), NTIA Administrator Alan Davidson said updating NTIA's authorizing statute -- last done in 1992 -- was long overdue. He said reauthorization would bring needed clarity to NTIA's role in internet policy, spectrum and cybersecurity.