Two international officials criticized possible FCC repeal or weakening of net neutrality rules prohibiting internet traffic blocking, throttling and paid prioritization, requiring transparency, and imposing an internet conduct standard. "We express serious concern with the proposed rule changes, which may significantly roll back protections for net neutrality and unduly interfere with freedom of expression online in the United States," said the comments Wednesday of David Kaye, U.N. special rapporteur on freedom of opinion and expression, and Edison Lanza, special rapporteur for freedom of expression of the Inter-American Commission on Human Rights of the Organization of American States. "We urge the Commission to take all steps necessary to conduct a comprehensive review of its proposed rule changes, and ensure their compliance with applicable international standards as outlined in this submission." Some substantive reply comments were filed in recent days despite the commission's move to extend the Wednesday deadline to Aug. 30. Antitrust enforcement provides a "more reasonable framework for net neutrality regulation," said Josh Wright, a former FTC commissioner now associated with the Free State Foundation, in an FSF piece. There appears to be "confusion about the appropriate role of antitrust and its domain in broadband markets. Some even go so far as to claim relying upon antitrust law amounts to no regulation at all," wrote Wright, noting the FCC's proposed repeal of Communications Act Title II classification would return broadband jurisdiction to the FTC. "Antitrust law has developed a sophisticated 'rule of reason' framework to determine whether vertical agreements are procompetitive or anticompetitive. The rule of reason approach examines vertical agreements on a case-by-case basis by weighing costs and benefits and recognizing possible losses from enforcement errors that go in either direction. Despite the 2015 Order ban on vertical agreements by Internet service providers, rule of reason analysis would not similarly result in a total ban on vertical agreements because economics literature clearly indicates that while vertical agreements are capable of harming competition in the manner contemplated by net neutrality proponents, more often than not they are beneficial to consumers."

Verizon plans to build and operate a private network core dedicated to public safety communications fit the company's playbook of working with localities even as their states may pursue FirstNet deployments, industry officials told us Wednesday. The carrier said Wednesday it's reacting to requests from its millions of public safety clients. Early on, Verizon was widely seen as a likely contender for the FirstNet contract, in part because FirstNet’s Band 14 spectrum fits well with spectrum the carrier has in its portfolio. Industry officials said in 2016 that Verizon instead could opt to compete with FirstNet by offering its services to local governments without the requirements the carrier would face as a partner to the network (see 1601220053), the course it's now adopting. “The dedicated public safety core will operate separately from our commercial core and provide first responders with access to the company's 2.4 million square mile 4G LTE network,” Verizon said: It will “make priority access and preemption services available to public safety when necessary and at no charge.” Verizon emphasized the service will be a competitor to FirstNet, not a replacement. The offering “does not require that states opt-out of FirstNet, does not require access to any federal funding provided to FirstNet, and does not require any financial commitment from states to support network deployment,” Verizon said. “Creation of this dedicated public safety network core will be fully funded by Verizon. We will also make available multi-band devices that will provide access to Band 14 spectrum and enable full interoperability with any Band 14 radio access networks (RANs) deployed by FirstNet.” FirstNet "has consulted closely with public safety as a partner to develop this network,” a FirstNet spokesman said. “Thanks to their input, we are now delivering first responders a compelling network solution they’ve never had before -- which includes true priority today -- and we will deliver them ruthless preemption, a dedicated and encrypted public safety core network with local control capabilities, a dedicated FirstNet Public Safety Security Operations Center and public safety grade customer care. These services are unmatched and unique to public safety, and that is why we are seeing so much momentum with the FirstNet Network in the states and territories.” AT&T also fired back. “What we’re offering to public safety through our private-public partnership will exceed anything they’ve previously been offered in the marketplace," a spokesman said. "FirstNet is bringing public safety a superior network and ecosystem with specialized features, including increased coverage and capacity along with priority and preemption, so first responder subscribers can be confident that the network will be there when and where they need it.”

Chalk up over-the-top services from Disney, ESPN and other programmers in part to the FCC net neutrality order, since it blocks cable ISPs from denying, degrading or deprioritizing Disney access even when it competes with their cable services, former Chairman Tom Wheeler blogged for the Brookings Institution Tuesday. He said AT&T, one of the biggest champions of the Communications Act Title II regulation rollback, benefits since its DirecTV, which competes with cable, can't be discriminated against on a cable system's broadband capacity. AT&T didn't comment. Wheeler also said reports the GOP House leadership warned edge providers that net neutrality activism could hurt them in other policy issues (see 1708110054) was akin to mob extortion. He likened the open internet rule, including general conduct language, to Disney's Jiminy Cricket character in Pinocchio, "sit[ting] on the shoulder of broadband providers to make sure they do the right thing."

Emergency alert system participants must register with the EAS test reporting system and file ETRS Form 1 by Aug. 28 to be ready for the required Sept. 27 nationwide test (see 1707180042), said FCC Public Safety Bureau reminder public notice in Tuesday's Daily Digest. Participants have until the day of the test to update information and correct errors on their Form 1 filings, and 24 hours from the 2:20 p.m. EDT exercise to file day of test data, the PN said. Detailed post-test data must be filed within 45 days afterwards.

Uber settled with the FTC over allegedly deceiving consumers by failing to oversee employee access to sensitive consumer data and reasonably securing such information stored in the cloud. Commissioners voted 2-0 Thursday to issue the administrative complaint and accept the consent agreement. Comments are due Sept. 15. Acting FTC Chairman Maureen Ohlhausen said in a conference call with reporters that the investigation began after media outlets in November 2014 reported that Uber employees accessed personal consumer data. The order requires the company to create "culture of privacy sensitivity," she said. Under the settlement, Uber must avoid misrepresenting how it internally monitors access to customers' personal data and how it protects their data. The company must implement a comprehensive privacy program addressing risks from current and new products and services and the confidentiality of the personal data collected. Within 180 days and every two years after that for the next 20 years, Uber must get independent, third-party audits certifying the privacy policy meets or exceeds the order's requirements. Ohlhausen said no financial penalty was imposed because the agency can get money only when it can point to financial losses. She said if Uber violates the order, the FTC can pursue a civil penalty. A spokesman said the company has "significantly strengthened our privacy and data security practices since [2015] and will continue to invest heavily in these programs." Uber hired its first chief security officer at the time and "now employ hundreds of trained professionals dedicated to protecting user information." Uber has been under FTC scrutiny in other cases. Consumer Watchdog in April lodged a complaint that the company deceptively tracked its app users after they deleted the app from their iPhones (see 1704270014). The FTC has said it doesn't comment on investigations. In January, the agency over allegations Uber misled prospective drivers about potential earnings and overstated favorable terms for car financing (see 1701200002).

President Donald Trump signed an executive order Tuesday aimed at “establishing discipline and accountability in the environmental review and permitting process for infrastructure projects.” Trump spoke about the executive order during a news conference but the White House didn’t release the order’s text by our deadline. Trump didn’t mention broadband or other telecom infrastructure during the briefing, but the order's text does specify that "broadband internet" projects are affected. The Trump administration’s work on an infrastructure plan has been widely expected to include a section on broadband deployment (see 1706220042 and 1707240071). Trump said his order is aimed at dramatically reducing the timeline for the federal environmental review and permitting process, saying he wants “quick” turnaround. The order also requires one lead federal agency to spearhead reviews for each major infrastructure project and would hold agencies accountable if they “fail to streamline” their processes, Trump said. “No longer will we accept a broken system that benefits consultants and lobbyists at the expense of hard-working Americans,” he said. Trump later noted that a White House-initiated infrastructure plan is "something that I think we’ll have bipartisan support on” in Congress, in contrast to the Senate’s 49-51 vote earlier this month defeating a bill to repeal some elements of the Affordable Care Act. “I actually think Democrats will go along with the infrastructure” bill, he said. National Economic Council Director Gary Cohn later told reporters that the White House hopes to pivot to a full infrastructure plan later this year once the House clears tax revamp legislation. At that point, “we'll put infrastructure in the House,” he said.

Comments topped 20 million in the FCC net neutrality proceeding. There were 309,318 results posted Monday in docket 17-108 by late afternoon, pushing the cumulative total to 20.27 million, said the count in the Electronic Comment Filing System.

In her first meeting back at the FCC, Commissioner Jessica Rosenworcel visited 911 officials who handled the congressional baseball shootings June 14, she tweeted Monday. A commission official said Rosenworcel discussed 911 issues at the Alexandria, Virginia, public safety answering point with the city's director of the Department of Emergency Communications, Renee Gordon, and her team. Also Monday, FCC Chairman Ajit Pai announced the appointment of Jennifer Tatel as acting general counsel. She previously was deputy general counsel and chief of staff. New Commissioner Brendan Carr, who was general counsel, named acting advisers: Nirali Patel for media, consumer protection and enforcement; Kevin Holmes for wireless and public safety; and Nathan Eagan for wireline. Rosenworcel and Carr were sworn in Friday (see 1708110053).

Atlanta attorney Carolyn Roddy, a member of the Trump transition's FCC landing team who went to the work for the FCC and then left (see 1708100047), said Monday the brevity of her service was expected. Roddy told us that after serving on the transition team, she joined the agency as part of an administration “beachhead team.” Roddy said other parts of the government got similar staff as part of a four-month transition starting when President Donald Trump took office in January. “I was technically assigned to the Wireless Bureau,” she said. “It was always understood that it would be 120 days.” Key staff positions have been filled at the FCC and Chairman Ajit Pai has an agenda, she said: “There was no reason for me to be extended.” Roddy is back in Atlanta in private practice.

An FCC draft order would require collection of more than $350 million in regulatory fees from industry in FY 2017 and adopt some changes to the methodology, a spokesman said. An accompanying draft Further NPRM would seek comment "related to international bearer circuits and the bulk rate calculation for cable," he emailed Monday. The draft item circulated Aug. 4, said the circulation list updated Friday (see 1708110055). A previous NPRM proposed "to reduce the relative contribution of smaller stations to the total amount to be paid by the broadcast industry by increasing the contribution of larger stations in larger markets," Wilkinson Barker broadcast lawyer David Oxenford blogged. "Also proposed was a reduction in the amount to be paid by TV satellite stations, and increasing the exemption for 'de minimis' obligations -- allowing those companies with a total fee obligation of less than $1000 to avoid paying fees altogether (an increase from the $500 in previous years)." Once the FCC issues the order, it usually puts out a public notice setting payment dates and the bureaus usually put out fee guides with further details, he said, suggesting this year's fees will likely be due in September.