Duke Energy asked the 4th Circuit U.S. Court of Appeals to review an FCC November order denying its petition for reconsideration on a pole attachment rate dispute with AT&T. Parts of the order "exceed or are inconsistent with the FCC’s jurisdiction and statutory authority" and are "an abuse of discretion," the company said in a petition posted Monday in docket 22-2220 (see 2211170051). It also argued the order violated the Administrative Procedures Act. Duke asked the court to vacate parts of the order "to be designated in the time, form, and manner required by the court." The petition stems from a September 2021 Enforcement Bureau order partly granting AT&T's complaint that it was charged "unjust and unreasonable" pole attachment rates by Duke (see 2109210075). AT&T declined to comment. The FCC didn't comment.
The Schools, Health & Libraries Broadband Coalition raised concerns with the FCC Broadband Data Task Force about the "accuracy of the FCC broadband data maps." The group said it's concerned that community anchor institutions (CAI) are "automatically flagged" as non-broadband serviceable locations in the broadband serviceable location fabric, per an ex parte filing posted Tuesday in docket 19-195 (see 2211230063). "The assumption that all CAIs generally purchase non-mass-market services is factually incorrect," SHLB said, adding it was concerned "such locations may not be adequately considered for future broadband funding allocations." The group asked that the next iteration of the fabric identify CAIs as broadband serviceable locations "by default" with the ability to flag locations subscribing to enterprise services as non-serviceable locations.
Incompas asked the FCC to implement "a series of targeted reforms" to its pole attachment rules. The commission should establish a "presumption that pole owners receive a direct benefit when a pole replacement is required to accommodate a new attachment," the group said in separate meetings with aides to Chairwoman Jessica Rosenworcel and Commissioners Nathan Simington and Geoffrey Starks, per an ex parte filing posted Monday in docket 17-84. Incompas also backed Crown Castle's proposed "alternative cost allocation methodology," which would account for the "direct benefit that pole owners receive from a pole replacement," and additional transparency requirements for pole replacement negotiations (see 2208290047).
The FCC modified its cost recovery rules for video relay service and IP relay service, said a notice in Friday's Federal Register. The commission expanded the Telecom Relay Service Fund's contribution base to include intrastate and interstate end-user revenues. The rules take effect Dec. 27 and compliance will be required as of July 1.
The FCC released an order requiring all affordable connectivity program providers to submit annual data on price, plan coverage, and characteristics of their service to ACP-enrolled households Wednesday. The order, adopted Nov. 15, declined to adopt a subscriber-level data collection, citing privacy concerns and administrative burdens, and instead established an aggregate collection system. Providers will be required to submit the same pricing information as required by the broadband consumer labels and whether there are recurring or one-time equipment fees. Providers are also required to submit the number of households receiving the benefit at a zip code level. The FCC will release non-provider-specific data, aggregated at the state level, on "the average or median prices of plans in which ACP subscribers are enrolled within designated download speed tiers and data on the number of subscribers of plans within those tiers," the order said. An accompanying NPRM will seek comment on revising the data collection rules and whether the FCC should seek more granulated data on enrollment and the digital divide. The FCC "need[s] to know where we have been with this program to better understand where we need to go," said Chairwoman Jessica Rosenworcel: "We are also considering proposals in a further rulemaking to see what other data points may help paint a fuller picture of how eligible households participate in this program." The data "will greatly inform our policymaking going forward," said Commissioner Geoffrey Starks, saying he hopes outreach grant recipients "look to the data we collect here to help them better serve their communities."
The FCC Enforcement Bureau removed Global UC from the robocall mitigation database after failing to meet robocall mitigation requirements. The provider failed to correct its certification or explain why it shouldn't be removed from the database, after receiving an October letter ordering it to do so, said an order Tuesday (see 2210030072). "We are cutting providers off and preventing them from accessing our networks when they fail to demonstrate they will protect consumers," said Chairwoman Jessica Rosenworcel: "This is a novel way to stop robocalls, and it’s one we are going to keep using until we get this junk off the line." The bureau also directed intermediate and terminating voice service providers in a public notice to "immediately cease accepting traffic" from Global UC within two business days.
The FCC released a notice of funding opportunity for its Your Home, Your Internet and affordable connectivity program navigator pilot grant programs (see 2211100044). Applications are due by Jan. 9 at 9 p.m. EST, said a news release Monday. The commission made up to $5 million available for the Your Home, Your Internet grants and up to $5 million for the ACP navigator grants. Only pilot participants seeking grant funds will be required to adhere to the NOFO's requirements. "Through these one-year pilot program outreach grants, we hope to learn more about how to better market these programs, including how participants can reach out to those receiving federal housing assistance and help households overcome enrollment barriers," said Chairwoman Jessica Rosenworcel.
USTelecom's Industry Traceback Group initiated more than 2,600 tracebacks in 2022 to date, a nearly 20% increase from 2020. The group said its tracebacks "identified 146 providers as U.S.-based originating providers, 682 providers as foreign-based originating providers, and 145 providers as the U.S. point of entry," in a letter posted Monday in docket 20-195. It also began tracing illegal robocall campaigns this year targeting Mandarin and Spanish speakers. The group urged the FCC to "continue its work with federal and state law enforcement partners to bring aggressive enforcement against robocallers" and "voice service providers responsible for the illegal robocall problem."
The FCC released its broadband consumer labels Thursday, requiring ISPs to display machine-readable information at the point of sale. The order, adopted Nov. 14, requires providers to list monthly prices and itemized fees, whether it participates in the affordable connectivity program, and speed data. The order takes effect 30 days after Federal Register publication. Compliance with the rules is not required until one year after OMB approval for providers with 100,000 or fewer subscribers and six months for all other providers. The goal is to "make the purchasing of broadband service more simple and more competitive for consumers everywhere," said Chairwoman Jessica Rosenworcel. Commissioner Geoffrey Starks said he looks forward to reviewing the record on whether the labels should include cybersecurity information. Doing so "could be very valuable to consumers" and "push ISPs to compete on network security," Starks said. The commission adopted one label requiring the same information in the same format for fixed and mobile broadband providers. Providers must include information about latency. It's "important to any application involving users interacting with each other, a device, or an application," the order said. An accompanying NPRM seeks comment on "alternative speed and latency measurements for the label going forward." The NPRM also seeks comment on the label's accessibility and availability in multiple languages, other performance data, and network management information. Comments will be due 30 days after Federal Register publication, 60 days for replies. The new label will "help consumers better understand their internet access purchases" and "allow for an effective apples-to-apples comparison tool when shopping for services in the marketplace," said Wireless ISP Association Vice President-Policy Louis Peraertz. It's a "good first step," said Next Century Cities Senior Policy Counsel Ryan Johnston: "Without including the label on a consumer's bill, the broadband nutrition label falls short of its goal."
OMB approved an information collection associated with an FCC order requiring gateway providers to block calls based on a “reasonable Do Not Originate (DNO) list,” said a notice for Friday's Federal Register. Compliance with the rule is required beginning Dec. 19. Commissioners approved the item in May (see 2205190023).