Lifeline wireless providers proposed an "industry consensus plan" for the migration of subscribers to a national verifier of consumer eligibility for the low-income subsidy program. Subscribers should be migrated if their "income or program based eligibility can be confirmed" by the national verifier using an appropriate database, said the Lifeline Connects Coalition (American Broadband & Telecommunications, Blue Jay Wireless, iWireless and Telrite), Boomerang Wireless, Sprint, True Wireless, TerraCom and YourTel America. Lifeline eligible telecom carriers "can confirm the income or program based eligibility of subscribers not found in such databases either by providing previously obtained documentation (for end users enrolled after February 17, 2016) or evidence of a successful annual recertification (for end users enrolled prior to February 17, 2016)," said their filing Friday in docket 11-42. They said their proposal was "consistent with" a recent proposal of TracFone Wireless, which last week said current Universal Service Administrative Co. plans for reverifying Lifeline eligibility under the national verifier would "cause millions of qualified low-income households to lose their Lifeline-supported service" (see 1706130026). A TracFone representative Monday agreed the industry proposals were consistent with each other. Deloitte responded to a USAC request for proposals to be the Lifeline national verifier, said a filing Friday on a meeting it had with Wireline Bureau staffers.

Consumers Union supported a request by the Electronic Privacy Information Center and others that the FCC open a rulemaking to repeal a requirement that telcos retain toll-call data for 18 months (see 1508040027 and 1704240065). The rule is unnecessary for business purposes, no longer serves necessary law enforcement purposes and makes consumer data vulnerable to breaches, CU said. "Ninety-five percent of Americans own a cellphone of some kind. The high rate of cellphone use means that the Commission requires telephone companies to keep 18 months of call data on at least 95 percent of the population," said the group's filing posted Monday in docket 17-130. "Law enforcement and commercial justifications for this rule have significantly eroded. ... Section 42.6 necessitates that telephone companies keep a vast and detailed history of a consumer’s telephone use even in cases where the consumer is under no suspicion of wrongdoing." The group said "data minimization" is needed to protect against breaches as "the very existence of 18 months of detailed and personal call data" creates a "treasure trove for hackers" that's "vulnerable to attack." The Privacy Rights Clearinghouse, which joined EPIC's 2015 request, expressed continued support. "We are particularly concerned with data breach risk and the inability for companies to compete for customers based on their privacy practices," said PRC. "The FCC’s existing rule counters the widely accepted best practice of data minimization." In a filing posted Friday, Media Alliance said retention of those records minus any allegations of wrongdoing is a privacy abuse that creates large tracking and targeting risks "and provides a literal gold mine for potential data breaches and cybersecurity intrusions, whose rate is growing exponentially."

A declaratory ruling approved by the FCC commissioners allowing cable operators to electronically send customers annual notices doesn't differ notably from the draft released earlier this month (see 1706010049), an official told us. The one tweak was in language on notices for customers opting out of email notification, we were told. The item -- responding to a 2016 petition by NCTA and the American Cable Association (see 1603080052) -- had been on the agenda for Thursday's meeting, but the agency said in a Monday public notice it was voted on circulation. The approved text wasn't posted Monday. The agency official said the item -- on circulation for some time -- was put on the agenda to force a vote, and commissioners then opted to deal with it on circulation for the sake of streamlining Thursday's meeting. Under the draft, cable operators' required annual notices to subscribers -- such as notices about services offered, pricing, and installation and service maintenance policies -- could be sent to a verified email address instead of delivered via hard copies. That verified email address is one cable customers gave to cable operators and that the customer has verified as the appropriate one for notice delivery, said the draft. The draft also specified that each notice had to come with a phone number for opting out of email notification at any time by choosing to receive paper copies of the annual notices. NCTA pushed for allowing electronic dissemination of other types of customer notifications, not just annual notices (see 1706130007), but that language wasn't incorporated in the ruling, the FCC official said. NCTA didn't comment.

NCTA supported an FCC effort to explore ways to promote broadband deployment in multi-tenant environments, but it proposed some additions to a draft notice of inquiry on the agenda for next Thursday's FCC meeting, which is aimed at "improving competitive broadband access" to MTEs. NCTA encouraged the FCC to expand some draft questions, including on: the state of MTE market competition, the extent to which restricting building practices "may adversely affect" broadband deployment and pricing, and the agency's statutory authority to regulate building-provider contracts. For example, the NOI should ask if there's "any evidence of a market failure" in MTE broadband, and under what circumstances, if any, should the government have a role in dictating contract terms, said an NCTA filing posted in docket 17-142 Thursday on meetings with aides to Chairman Ajit Pai and Commissioner Michael O'Rielly. The cable group also said the FCC should seek comment on "technical and operational challenges" to multiple providers using a single facility and "potential consumer harm" of such sharing.

The North American Free Trade Agreement should include provisions governing intellectual property, recognize the importance of the internet, and be free of impediments to U.S. companies operating in foreign countries, said industry associations in comments submitted to the Office of the U.S. Trade Representative Friday. “The U.S. approach to renegotiating NAFTA should reflect the increasing importance of Internet-enabled trade to the U.S. economy,” said CCIA. “For the Internet to serve its trade-enabling role, and for local entrepreneurs to drive crossborder economic activity, trade negotiators need to ensure predictable liability protections are in place across countries where users and content creators are sharing information on Internet platforms,” said CTA. The agreement should include principles consistent with an open internet, said Public Knowledge. PK also commented on the agreement’s provisions on intellectual property, though it said NAFTA may not be the correct place for such provisions. “When multiple bilateral and regional trade agreements address substantive intellectual property in detail, they run the risk of an inconsistent and complex patchwork of obligations,” PK said. If copyright provisions are part of NAFTA, they should preserve public interest balance and “require limitations and exceptions to copyright, which are essential in modern societies and economies,” PK said. North American trading partners should “maintain a balanced system of intellectual property regulation” said CCIA. NAB, CTA and the Satellite Industry Association said NAFTA shouldn't include rules that make it difficult for U.S. companies to work with Canada and Mexico. The agreement should address Canadian retransmission of U.S broadcast content and Canada’s “discriminatory tax treatment” of U.S. broadcasters, NAB said. The agreement “should require copyright limitations and exceptions like fair use that have been essential to U.S. innovation and the strength of the U.S. tech sector,” CTA said. “The absence of such provisions in Mexico leaves the U.S. tech sector vulnerable there -- particularly as Mexico strengthens other parts of its copyright system,” CTA said. NAFTA should “prohibit” the “trade barriers which create performance demands on U.S. satellite services in Canada and Mexico,” SIA said. The Communications Workers of America suggested a host of changes to the agreement to improve its effects on labor. “NAFTA has had a hugely negative impact on CWA members and other working families across this country,” CWA said. “The renegotiation of NAFTA must replace this deal written by and for multinational corporations with an agreement that is designed to create jobs and raise wages for working men and women."

Microsoft told the FCC that preserving a single UHF white-space channel in every market would have “virtually no impact on low-power broadcasters or translators.” Two years ago, the FCC proposed to reserve at least one blank TV channel in every market for white spaces devices and wireless mics after the incentive auction and repacking (see 1506160043). Microsoft said it completed a report that focused on the effect on New Mexico, Utah, and North Carolina, “markets NAB’s pre-auction comments identified as potentially problematic.” The study also looked at Cleveland as a more typical urban market. One thousand simulations were conducted for each market, Microsoft said. “Microsoft’s analysis predicts no [effect] at all in three out of these four markets,” it said. “In Salt Lake City, the impact is minimal.” Microsoft representatives met with aides to Commissioners Mignon Clyburn and Mike O'Rielly and other FCC officials. “The record is clear that this white space channel is critical to ensuring that the United States has the minimum three white space channels needed to support investment by semiconductor and device makers and to enable broadband Internet access for rural and underserved Americans,” Microsoft said in a filing in docket 12-268.

FCC Commissioner Mignon Clyburn Friday urged FCC Chairman Ajit Pai to wrap up action on three accessibility items started under predecessor Tom Wheeler. Clyburn spoke at a meeting of the FCC Disability Advisory Committee (DAC). First on Clyburn’s list was video programming. "We cannot stand idly by as so many members of our communities are being left behind,” she said. "The time to act is now.” In March 2016, the FCC adopted an NPRM that proposed increasing video-described programming from 50 hours to 87.5 hours per calendar quarter, she said. “This would have expanded the availability of video described programming by 75 percent, allowing those who are blind or visually impaired, to immerse themselves in programming in a way that audio dialogue simply does not provide,” Clyburn said. “It is time to act and put this proposal into effect.” Clyburn also urged the FCC to make closed captioning more readily available. Last fall, the FCC opened a proceeding that would have ensured consumers can readily find and control the display features associated with closed captioning, Clyburn said. “What good however, is closed captioning if those that stand to benefit the most cannot easily find and use all of its features?” she asked. “I think it is time we put this item back on circulation and take action expeditiously.” The FCC also should act on a proceeding that would revise the volume control standards for wireless and wireline phones to better serve people with hearing loss, Clyburn said. The same proceeding also would address application of hearing aid compatibility standards to handsets used with advanced communications services, including VoIP, she said. Patrick Webre, acting chief of the Consumer and Governmental Affairs Bureau, said the DAC has a big job ahead, starting with the development of criteria for measuring relay service quality and best practices for video description. DAC also will provide advice on emergency communications using real-time text, he said. “Your technology transition subcommittee is helping us address the challenges of compatibility and integration of real-time text with assistive technologies and relay services,” Webre said.

The 8th U.S. Circuit Court of Appeals was picked to hear challenges to the FCC's recent business data service order, a commission spokesman told us Friday. The FCC filed a notice with the Judicial Panel on Multidistrict Litigation of Multicircuit Petitions for Review that challenges had been filed in three different courts: the 8th Circuit, 5th Circuit and D.C. Circuit (see 1706150074). The panel randomly selected the 8th Circuit to review the consolidated BDS litigation, said an order Friday. A D.C. Circuit order (in Pacer) transferred its BDS cases to the 8th Circuit. Commissioners voted 2-1 along party lines April 20 to approve the BDS order, which substantially expands price deregulation of incumbent telcos. Challenges to the order were filed by the Ad Hoc Telecommunications Users Committee, Sprint and Windstream jointly, CenturyLink and Citizens Telecommunications of Minnesota.

Permissive detariffing of business data services begins Aug. 1, but the 3-year countdown to mandatory detariffing won't begin until the Office of Management and Budget approves related rules, said AT&T, citing FCC staffers. AT&T and Wireline Bureau officials discussed implementation issues for the agency's recent BDS order (see 1704200020), including the Aug. 1 effective date's impact on price-cap BDS services; "guidebook and wire center-to-county mapping best practices; the review process for adjustments to BDS offerings in non-competitive counties going forward; and the timing of the effectiveness of the Order’s detariffing relief," said a company filing Thursday in docket 16-143. Bureau staff indicated the permissive detariffing rules don't require OMB review, meaning price-cap ILECs can begin voluntarily detariffing on Aug. 1, said AT&T. It noted bureau staff also indicated mandatory detariffing rules are subject to OMB review, and thus will become effective when the OMB approval process is complete.

The California Public Utilities Commission “may be overly antagonistic” in proposed comments to the FCC on the commission’s wireline and wireless infrastructure NPRMs and notices of inquiry, CPUC President Michael Picker protested at the state agency’s Thursday meeting. The draft comments opposed FCC pre-emption and raised concerns about copper retirement and other issues (see 1706120022). Complaining that the draft is “very antagonistic” in tone about the copper issue and raising concerns that some statements could undercut pending CPUC proceedings, Picker abstained from voting. But the other four commissioners voted in favor of the draft comments, with instructions to edit the comments to address Picker's and Commissioner Liane Randolph's concerns in the hours before Thursday’s comments deadline at the FCC. Randolph said she generally supports the comments but wanted to pare the copper verbiage. Picker complained about reading the draft comments for the first time the previous night. CPUC Assistant General Counsel Helen Mickiewicz apologized, saying it was an unusual circumstance that occurred due to the FCC’s speedy pace on the infrastructure rulemakings. Meanwhile, comments are starting to roll in at the FCC in docket 17-79. The FCC should adopt a broadly applicable “deemed granted” remedy when local governments fail to act on infrastructure siting applications within the FCC’s “shot clock” time limit, the Free State Foundation said. FSF also urged the FCC to tighten the time frames: “Arbitrary restrictions on new siting and modification applications and lengthy permit processing delays by local governments pose barriers to wireless broadband deployment and infrastructure investment.”