Net neutrality has broad agreement despite battles between "antagonists on the letter of the law," wrote Fletcher Heald telecom attorney Don Evans, in a commentary distributed via a media relations group. He said widely supported principles include: companies shouldn't be allowed to block or throttle legitimate traffic based on content; access rules, prices and conditions should be transparent to users; and internet access rates can't become "unreasonably high" due to the dominance of a provider. Evans acknowledged disagreements over whether the FCC or FTC should enforce some safeguards, and over whether personal customer data should be allowed on an opt-in or opt out basis, hoping the agencies can work out a single privacy approach. He said paid prioritization treatment is disputed, but a "compromise is within reach." Ideally, he said, Congress would update "outdated" statutory definitions; if not, "a modified form of the Title II common carrier model would fit best," with forbearance from "virtually all" telecom regulation. While the previous FCC seemed to pursue this approach, it "ended up tilting too far toward regulation," he said

The FCC electronic comment filing system was the victim May 8 of a "non-traditional" directed denial-of-service attack, Chairman Ajit Pai said in letters released Tuesday to Sens. Ron Wyden, D-Ore., and Brian Schatz, D-Hawaii, in response questions the two asked after last month's ECFS cyberattack (see 1705090063). Pai said the DDoS attack targeted the ECFS application program interface that's normally used by automated programs or bots for bulk filings. The FCC didn't have the technical option of blocking or removing the bots hitting the API and instead increased API capacity. Pai said the agency "continue[s] to research additional solutions to strengthen ECFS' controls." Pai said the FCC has multiple commercial services and tools for protecting its systems from DDoS and other cyberattacks, but "the non-traditional DDoS that we experienced is quite different than typical attacks in that it used legitimate commercial providers to introduce bots and poorly structured queries to overload the system." Pai said the cloud-based ECFS typically receives close to 10,000 comments a day, but its record is more than 400,000 comments on May 11, "showing the system can scale to accommodate a large number of visitors when other external factors are not present." House Communications Subcommittee ranking member Frank Pallone, D-N.J., separately urged the DOJ and FBI to investigate whether comments filed under stolen identities broke federal law (see 1706280043).

The Senate Commerce Committee's move to temporarily delay a vote on NTIA administrator nominee David Redl at a senator's request drew a mixed reaction Wednesday among industry lobbyists. A Senate Commerce spokesman didn't identify the senator who sought the delay but informed sources said Sen. Ted Cruz, R-Texas, asked for it over his ongoing concerns about implications of the now-completed Internet Assigned Numbers Authority oversight transition (see 1706280027). Senate Commerce is aiming to place Redl's confirmation on the docket at the committee's next scheduled markup session after its planned Thursday meeting, the spokesman said. The aide said the senator didn't place a full-blown hold on Redl's nomination but was seeking “additional time to review information” before a vote. Cruz focused on those concerns during Redl's confirmation hearing earlier this month, asking whether Redl believes the oversight handoff was a “wise and prudent decision” (see 1706080046). Cruz was the most vocal Senate critic of NTIA's decision last year to move forward with the transition process, but it's “strange” that he would seek a delay on Redl given that President Donald Trump's administration indicated it sees no feasible way to rescind the transfer now, said one communications lobbyist. Another lobbyist said it was at least “good news” that Cruz agreed to a delay of the vote on Redl rather than placing a hold on it. Redl faced multiple IANA transition-related questions post-hearing from Senate Commerce Chairman John Thune, R-S.D., but none specifically from Cruz. Cruz's office didn't comment.

FCC Commissioner Mignon Clyburn voiced concern on HBO about video visitation policies of correctional facilities that have ended in-person visits to inmates. Appearing on Vice News Tonight in a YouTube clip circulated by her office, Clyburn criticized inmate calling service charges as "the most glaring case of market failure I have ever seen in my 18 years as a regulator." She said most communications users have a choice of providers, but inmates and families “are literally captive," including to video visitation policies using Skype-like connections. "More than 70 percent of local facilities that have instituted this model, they no longer have or allow in-person visit," she said in the segment, which cited over 600 facilities in 46 states as using video visitation. A sheriff defended video visitation as improving prison security and saving staff time. Asked why other people should care, Clyburn said, “You are paying, every month, every year to keep this model that is broken, intact. You don’t think it affects you but that child who acts out, that might escalate. That person who comes home, they might act out if they don’t adjust.”

The Phoenix Center said the rate of broadband speed increases declined due to the FCC net neutrality order reclassifying broadband under Communications Act Title II. The group cited a net neutrality advocate as trying to score political points after NCTA "recently made the unsurprising observation that broadband speeds in the U.S. continue to rise" without referring to the regulatory debate. "Seeing all things through the lens of Net Neutrality, Public Knowledge Senior Vice President Harold Feld immediately laid claim to the trend, asserting that the data in NCTA’s post supports the FCC’s reclassification decision," said a Phoenix release Tuesday. "According to Mr. Feld, the speed trend confirms that the 'Title II Virtuous Circle' is 'totally working' because the rate of increase has accelerated since the FCC adopted the Title II Reclassification Order in February 2015.” Saying "an empirical question requires an empirical answer," Phoenix released a study by Chief Economist George Ford that it said subjects Feld's "theorem" to tests using Akamai speed data. "Data reveal a statistically significant decline in the rate of average broadband speed increases for the U.S. subsequent to the 2015 Open Internet Order," said the release. Ford said that "but for" the FCC order, "U.S. broadband speeds would have been about 10% higher -- or about 1.5 Mbps faster -- on average." Feld, who passed along two links (here, here), replied: "Let us savor the irony that I find myself believing NCTA when they tout their own successes, while Phoenix Center sets out to demolish NCTA's blog post. It is apparently easier for Phoenix Center to believe that NCTA are liars who cannot be trusted to summarize a report from Akamai than to simply admit they are wrong about net neutrality and Title II."

Ligado's proposed terrestrial broadband operations still "pose a significant interference risk" for parties getting real-time National Oceanic and Atmospheric Administration weather and environmental data and to certified GPS receivers, aeronautical safety satellite communications and Iridium end users, despite Ligado's protests to the contrary, said aviation and weather interests in a docket 11-109 FCC filing posted Tuesday. They said Ligado continues to try to gloss over filings showing potential for harmful interference and "to discount the import and validity" of the Transportation Department's ongoing Adjacent Band Compatibility evaluation. They said the FCC shouldn't act on the satellite company's requests until the agency addresses those interference issues, and had input from other federal agencies. Signers of the filing included AccuWeather, Aerospace Industries Association, Aircraft Owners and Pilots Association, Airlines for America, American Geophysical Union, American Meteorological Society, Gogo Business Aviation, Helicopter Association International, International Air Transport Association, Iridium, the National Weather Association and Thales. Ligado said it has "worked with the Commission and interested parties for nearly two years to resolve interference concerns, including signing cooperation agreements with major GPS companies that ensure Ligado is compatible with GPS and will not interfere with aviation safety or NOAA’s operations. Safety of life is paramount, and that’s why we have collaborated extensively with the FAA to protect aviation safety and provide the industry with an advanced level of connectivity currently unavailable today. Additionally, we have proposed that NOAA use a fiber cable and cloud-based delivery system for its weather data. This proposal and Ligado’s commitment to protect NOAA’s own operations will allow an auction of the 1675-1680 MHz band and preserve NOAA’s mission. Today’s filing contains no new information, no new technical analysis, no new data. It is simply a re-packaging of the same old complaints, all of which have already been amply addressed in the record.” In an ex parte filing posted Tuesday in docket 11-109, Ligado recapped a phone call with the Wireless Bureau employees about aviation industry concerns (see 1706210030) in which it said the concerns raised previously were discussed as part of the Radio Technical Commission for Aeronautics review and presented to the Federal Aviation Administration.

Charter, Comcast, Cox and Verizon backed FTC authority to oversee ISP privacy practices in the agency's case against AT&T Mobility. The four companies filed an amicus brief (in Pacer) with the 9th U.S. Circuit Court of Appeals Monday, saying their position "might seem surprising" but "this position aligns with the companies’ desire to reinstate a predictable, uniform, and technology-neutral regulatory framework that will best serve consumers and businesses alike." Last year, a three-judge panel sided with AT&T in the data-throttling lawsuit brought by the FTC (see 1608290032). The panel decided since the ISP was a common carrier, the commission had no jurisdiction over any of its practices including non-common carrier activities. The FTC appealed and the court last month granted an en banc review that's scheduled for September (see 1705090068). Monday's filing said the four companies don't doubt AT&T's commitment to protect its consumers and don't take a position on FTC's allegations. But if the court accepts the three-judge panel's ruling, "the FTC is sidelined, and any perceived regulatory gap is filled by a patchwork of well-intentioned yet inexperienced federal, state, and local agencies," creating "unreasonable, duplicative, and inconsistent rules," the filing said. The result would be less consumer protection and businesses operating "in an uncertain and uneven regulatory environment," it said. The four companies acknowledged they missed the May 30 deadline to file an amicus brief supporting the FTC because it took time to assemble the coalition, but they added the filing "will not adversely impact" the court's schedule for the hearing. It said the FTC consented to the filing but AT&T didn't.

Public comments defending the 2015 open internet order are vital to resisting FCC Republican plans to reverse Title II broadband regulation under the Communications Act, said former Chairman Tom Wheeler, former General Counsel Jonathan Sallet and Rep. Don Beyer, D-Va., at a town hall Monday night held by the congressman in Arlington, Virginia. Recognizing the commission's GOP majority, speakers expected the fight to be decided in court. Wheeler said an "overwhelming" record would be needed to undo net neutrality. "What those who want to repeal the open internet order have the burden of proving is that, in two years, things have changed so much that you’ve got to turn 180 degrees and throw out the rules that have been working. ... That's why your comments are so crucial," he told the audience, which applauded speakers several times. Sallet agreed: "When I was general counsel, I didn’t think that what the FCC said was the last word on the matter. I knew there would be a day in court. And what people say to the FCC today in comments, in emails, about their own experiences, that can help shape what happens.” Beyer was skeptical of a legislative solution but urged people to contact lawmakers because public pressure can sometimes cause changes. In response to Public Knowledge Vice President Chris Lewis, who asked if the congressman would "commit to not support legislation that weakens the FCC as a cop on the beat even if it gives us some semblance of net neutrality," Beyer said, "Yes, absolutely." He added he wouldn't support rolling back the FCC's protections. Wheeler called net neutrality "really important" for northern Virginia, a "hot bed" for innovators. He plugged "regulatory agility" and the 2015 general conduct standard, which critics have targeted for elimination "because, 'Well, we don't know what that means in five-10 years.’ Damn right you don’t and that’s why it’s there.” Wheeler said one ISP chief executive told him he wasn't worried about what the then-chairman would do with such broad authority, but about what his successors would do. “I said to him, 'Well, it’s funny, I have the same feeling about you. I’m sure you wouldn’t do anything untoward, but what about your successors?” Wheeler called arguments the FTC could replace the FCC in protecting broadband privacy "an empty promise" because the trade commission lacks the same rulemaking authority and expertise.

FCC staff updated Lifeline minimum service standards and slightly increased its budget, implementing aspects of a 2016 order overhauling the agency's USF low-income broadband/telecom subsidy program. Starting Dec. 1, the Lifeline minimum service standard for fixed broadband speed will be 15/2 Mbps (down/up), as calculated from Form 477 data, with an exception for providers that don't offer any generally available residential fixed broadband packages meeting the standard at a subscriber's residence (those providers must offer at least 4/1 Mbps), said a Wireline Bureau public notice Monday in docket 11-42. It noted the fixed broadband data-allotment minimum will be 250 GBs per month, as calculated from urban rate survey data. The PN said the 2016 order included an automatic increase in Lifeline's mobile broadband data-allotment minimum to 1 GB per month, while retaining a 3G technology minimum speed standard. The order also included an automatic update of the Lifeline mobile voice minimum to 750 minutes per month on Dec. 1. To incorporate inflation indexing, as required by the order, the Lifeline budget for calendar year 2018 will increase from the current $2.25 billion to $2.279 billion, the PN said.

Incompas and Sprint opposed an FCC motion that a court remand business data service tariff litigation in which AT&T is challenging a 2016 agency order that found certain incumbent telco BDS tariff provisions unlawful (see 1706140012). Granting the commission's request, which cited a 2006 BellSouth v. FCC ruling, "would needlessly delay resolution of a case" affecting much of the telecom industry, said the two intervenors in their opposition (in Pacer) Friday to the U.S. Court of Appeals for the D.C. Circuit in AT&T v. FCC, No. 16-1166. Incompas and Sprint also said they intend to ask the 8th U.S. Circuit Court of Appeals to transfer separate challenges to the FCC's recent deregulatory BDS order to the D.C. Circuit "so that both cases may be heard by the same panel." Windstream and others asked the FCC to stay that BDS order (see 1706260054). In their opposition, Incompas and Sprint noted the FCC's 2016 tariff investigation order required AT&T and other major ILECs to remove from their pricing plans "unjust and unreasonable" contract provisions, including "all-or-nothing" terms and some volume-shortfall and early-termination penalties. They said voluntary remand is usually granted when there's new evidence or a new event that may affect the validity of agency actions. "None of those circumstances has occurred here," said their opposition. "Instead, the Commission asks -- without confessing error -- for remand to consider an eleven-year-old case that ... is not relevant." Meanwhile, the FCC Friday in a status report (in Pacer) asked the D.C. Circuit to continue to hold in abeyance a USTelecom case challenging an interim technology transitions wholesale access rule that will expire with the implementation of new special access (BDS) rules, which were adopted in April and most of which take effect Aug. 1 (see 1706020060). In USTelecom v. FCC, No. 15-1414, the telco group also is challenging the previous FCC's interpretation of Communications Act Section 214, which the current commission proposed to reverse in a recent wireline broadband deployment NPRM that drew many comments this month (see 1706160041).