Plaintiffs accusing a variety of broadband providers of "bait and switch" advertising plan to continue pursuing their suit after a U.S. district judge in Tampa dismissed the federal complaint and remanded it to the Florida 6th Judicial Circuit in Pasco County. Jerry Collette, one of two plaintiffs who sued as TruthinAdvertisingEnforcers.com, told us in an email Monday he will pursue the allegations there. In her order (in Pacer) last week on multiple motions to dismiss (see 1610060010), U.S. District Judge Virginia Hernandez Covington said TruthinAdvertisingEnforcers.com lacks Article III standing to bring its claims since it hasn't argued actual injury, doesn't have statutory standing to bring its Racketeer Influenced and Corrupt Organizations Act claim and can't bring a civil claim on the other federal statutes it cites. Being sued are Dish Network, Frontier Communications, Charter Communications, Hughes Network and EarthLink and sales agents Infinity Sales Group and GoDish.com.

The FCC sought comment on Commissioner Mignon Clyburn’s #Solutions2020 Call to Action Plan, which grew out of a series of visits Clyburn made across the U.S. Clyburn emphasized broadband affordability and other policy calls in the plan during a conference at the Georgetown Law School in October (see 1610190044). Comments are due Jan. 11. “The work of ensuring affordable access to communications to all Americans may or may not ever be fully realized, but we should never fail to try,” the plan said. “Twenty years ago, an average family of four paid for two fixed telephone lines and dial-up Internet access. Now that same family MAY have a fixed phone in the home accompanied by a broadband internet connection, along with two or more mobile voice and data lines.”

Globalstar continues to lobby the FCC on its revised terrestrial low-power service broadband plans on circulation on the eighth floor (see here). In an ex parte posted filing Monday in docket 13-213, Globalstar recapped calls with International Bureau officials and with Chairman Tom Wheeler aide Edward Smith about the proposal and about the rules the company suggested for the revised proposal. In a separate filing Friday in the docket, it responded to criticisms raised last week by Hearing Industries Association (HIA) (see 1612150041), one of the few remaining critics of its TLPS plans after numerous others said they have no objection to the company's revised plans. In its HIA response, Globalstar said the out-of-band emission (OOBE) limits it proposed would protect hearing aids that use Bluetooth. It said Bluetooth protocols used by hearing aids are robust enough to operate in extreme congestion, and any OOBE from Globalstar operations would fall below industrial, scientific and medical band noise/interference floor. It said the 3.5 MHz between Bluetooth hearing aid operations and Globalstar operations would be as "a protective effective guard band" between the two. In a statement Monday, HIA said Globalstar’s response "misconstrues many key facts in this discussion, including the results from its 2015 demonstration, which at this time does even not appear relevant to the current issue before the FCC."

Possible rules dealing with interference between broadcast satellite service (BSS) earth stations and direct broadcast satellite transmissions are on circulation on the eighth floor. The FCC Friday began circulating BSS Rules in the 17.3-17.8 GHz band. An FCC official said the proposed rules -- the result of the agency's soliciting comments last year on potential ground-path interference rules for 17/24 GHz reverse band BSS operations (see 1510260018) -- would grandfather in older earth stations but require coordination between future deployments of feeder links and BSS earth stations.

Clarification: NTIA’s State and Local Implementation Grant Program funds FirstNet planning, consulting and outreach, but not the state networks themselves, said NTIA (see 1612150057).

AT&T union workers voted to strike in California and Nevada, a spokeswoman for the workers said Friday. California AT&T workers held protests Friday in San Diego and the San Francisco Bay Area, she said. The workers protested the company shipping jobs overseas, failing to meet regulatory standards and hiking prices for basic services, she said, comparing the issues to those raised earlier this year by striking Verizon workers on the East Coast (see 1606100067). The workers voted to authorize a strike, but haven't set a date, a spokesman for the workers said. The carrier didn’t comment.

The FCC updated its Freedom of Information Act rules, implementing the FOIA Improvement Act the president signed into law June 30. As "changes to rules of agency organization, procedure, or practice," the new regulations didn't require notice and comment, said a commission order unanimously approved on circulation and released Thursday. "These provisions included providing 90 days for requesters to file appeals of FOIA requests, ensuring that requesters are informed of avenues for FOIA dispute resolution, and providing for public posting of materials that are requested multiple times," said the order, saying the changes could generally be grouped into two categories. "First are rule amendments that are required by or flow directly from changes made by the FOIA Improvement Act," including changes "that are informed by" the new law, the order said. "Second are rule amendments designed to conform the rules to existing Commission FOIA practice, streamline FOIA procedures, and provide for clerical corrections. A number of years have passed since the Commission’s FOIA regulations were last updated, and new technology, practices, and procedures have arisen since that time." The 34-page order spelled out the details of the regulatory changes, which will take effect 30 days after Federal Register publication.

FCC staff detailed the effective dates of new broadband privacy rules and offered guidance, after the Federal Register's Dec. 2 publication of a summary of the order the commission adopted in October (see 1612020049 and 1610270036). The rules will take effect Jan. 3, except for new data-security requirements and certain provisions that need Paperwork Reduction Act (PRA) approval by the Office of Management and Budget, said a Wireline Bureau public notice in docket 16-106 in Thursday's Daily Digest. The PN noted the FCC's broadband privacy order said the data-security duties will take effect March 2; breach-notification requirements take effect the latter of PRA approval or June 2; and the notice and customer approval provisions take effect the latter of PRA approval or Dec. 4, with small providers having an additional year to comply with those. The bureau said telecom carrier and interconnected VoIP providers subject to existing phone privacy rules must continue to comply with the substance of those rules until the new rules take effect. But the broadband privacy order relieved them of certain compliance recordkeeping and annual certification duties in subsections (c) and (e) of Section 64.2009, so once the new rules take effect Jan. 3, those entities will no longer be required to comply with those subsections, the PN said.

The FCC could make more spectrum available in the 17.8-18.3 GHz band for fixed satellite service (FSS) systems on a secondary basis, said a proposal approved unanimously and earlier set for a vote at Thursday's commissioners' meeting (see 1612140067 and 1612150048) and then OK'ed instead on circulation. In an NPRM adopted Wednesday and released Thursday on proposed updates to Part 2 and Part 25 rules to accommodate the boom in non-geostationary orbit (NGSO) constellation plans (see 1610210055), it said it also is considering more flexibility in the 18.3-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz and 29.3-29.5 GHz bands, though they would be subject to terrestrial coordination. The NPRM also proposes rationalizing agency rules with international power limits on NGSO FSS operations in parts of the 17.8-20.2 GHz and 27.5-30 GHz bands and amending satellite milestone and geographic coverage rules. And the agency said it wanted comment on different criteria for spectrum sharing among NGSO FSS systems. The agency said the proposed updates to NGSO FSS rules were prompted by the proposed Boeing (see 1607110043) and OneWeb (see 1604290016) constellations highlighting a need for updating rules instituted more than a decade ago. It said allowing secondary FSS use in the 17.8-20.2 GHz band and new FSS operations in the 19.3-19.4 GHz, 19.6-19.7 GHz, and 29.3-29.5 GHz bands would codify existing practices and formally allow OneWeb's proposed spectrum use. The agency said rules allow spectrum sharing by letting NGSO FSS systems operate throughout its authorized band except during in-line events -- when the topocentric angle between the satellites is less than 10 degrees -- but it wanted comment on whether the separation-angle trigger should be increased or decreased. It wants comment on possible adoption of effective isotropic radiated power density limits for NGSO FSS uplink transmissions. And it proposed changing the six-year milestone obligation for NGSO systems so having 75 percent of an authorized constellation launched and in operation would be sufficient to meet the requirement. Comments are due 45 days after Federal Register publication.

State officials raised concerns about FirstNet's delay in choosing a vendor for the national public safety network. FirstNet planned to choose a vendor in November, but now the government can’t award a contract to build the network until the U.S. Court of Federal Claims (see 1612140053) resolves a Rivada Mercury protest. In an International Wireless Communications Expo webinar Thursday, state officials from Alabama, Washington and Illinois said an extended delay would be problematic for funding and other reasons. “I’m concerned about funding,” said Washington state single point of contact Shelley Westall. Washington is looking at contingency planning for an extended delay, she said. The state’s public safety network is funded completely by NTIA's State and Local Government Implementation Grant Program (SLIGP), and plans to use all the money it received, she said. “Delay is going to be very problematic for us. I am concerned about our governor’s opportunity to have staff available to fully brief him on his decision to opt in or opt out when he is presented with the plan.” The funding question also worries Illinois Statewide Interoperability Coordinator Joe Galvin, he said. The Illinois program also is funded by SLIGP, but also has other grants on which to fall back, Galvin said. “If SLIGP 2.0 becomes a reality, certainly that will help.” Alabama Law Enforcement Agency Executive Director Ryan Burchnell said a delay will be negative to public safety. “It worries me that public safety is going to start to turn away from the project itself and that we’re going to lose that great momentum that we’ve had in the last few months,” he said. Galvin agreed: “The stalling of the program would be very problematic because of all the energies we’ve built behind this thing.”