The FCC released a pleading cycle Tuesday on AT&T’s proposed buy of 700 MHz licenses in New Mexico from Fuego Wireless. The companies proposed that AT&T buy three lower 700 MHz B-block licenses and a single C-block license. The FCC also sent follow-up questions to both companies. “Applicants maintain that the proposed transaction would provide AT&T with additional spectrum that would enable it to increase its system capacity to enhance existing services, better accommodate its overall growth, and facilitate the provision of additional products and services in four Cellular Market Areas,” the FCC said. With the buys, AT&T would have 24 MHz of contiguous, paired 700 MHz spectrum in all but one of the 19 counties covered, the notice said. The spectrum covers Las Cruces, Catron, Santa Fe and Lincoln, all in New Mexico, the FCC said. “Post-transaction, AT&T would hold 100 to 175 megahertz of spectrum in total, including 18 to 55 megahertz of below-1-GHz spectrum, in these four CMAs,” so the deal is slated to get a more intense review, the FCC said. Petitions to deny are due July 26, oppositions Aug. 2, replies Aug. 9. AT&T must answer several pages of questions in the information request.

The Senate Commerce Committee unanimously signed off Wednesday on the Improving Rural Call Quality and Reliability Act (S-827), the Securing Access to Networks in Disasters (Sandy) Act (S-2997) and the nomination of Peg Gustafson for Commerce Department inspector general. This is likely the last markup before the long summer recess, said Chairman John Thune, R-S.D. NARUC, NTCA and WTA lauded the call completion legislation.

The bipartisan, bicameral leaders of the Congressional Next Generation 911 Caucus sent a letter Thursday to White House Office of Information and Regulatory Affairs Administrator Howard Shelanski pressing the administration to “update the classification of 9-1-1 call takers and dispatchers as part of the revisions to the Standard Occupational Classification (SOC),” they said. “The ongoing revision process to SOC announced in May 2014 provides an opportunity to more accurately reflect the role of 9-1-1 call takers and dispatchers.” They said its revisions should recognize “the public safety role played by Public Safety Telecommunicators through categorization with their ‘Protective Service Occupations.’” Act “quickly to publish the recommendations of the SOC Policy Committee in the Federal Register,” they said. The letter was signed by Sens. Amy Klobuchar, D-Minn., and Richard Burr, R-N.C., and Reps. Anna Eshoo, D-Calif., and John Shimkus, R-Ill. “Throughout the revision process, APCO has staunchly advocated for public safety telecommunicators to be classified in the category for ‘protective’ occupations, alongside police officers and firefighters,” CEO Derek Poarch said. “I am optimistic that this letter of bipartisan, bicameral support, urging revisions of the SOC that align with APCO’s recommendations will aid our ongoing efforts.”

A House Democratic leadership aide told us Democrats are likely to rebel against the FY 2017 FCC funding bill and stand-alone legislation to curb the Lifeline program, both being brought to the House floor this week. Rep. Austin Scott, R-Ga., is attempting to get two different proposals addressing the Lifeline program through the floor, one as a Financial Services bill amendment (see 1606170060) and another as stand-alone legislation being considered Tuesday under suspension of the rules.

The three states said to divert the most 911 fee revenue for non-911 purposes look unlikely to quit the practice soon, we found last week after surveying state officials including legislators and bodies that lobby for emergency operations. At least two states -- New York and Rhode Island -- have pending legislation to require that 911 fee revenue fund only 911 services. Passage could be difficult because the bills are written by members of political minority parties and state governors won’t say 911 fee diversion is a problem, said those we interviewed. In New Jersey, a bill requiring an upgrade to next-generation 911 raises 911 fees, despite FCC estimates that the state diverts nearly 90 percent of its fund. In 2014, eight states diverted $223.4 million, or 8.8 percent of all 911 funds, said the FCC's most-recent report to Congress about 911 fee collection (see 1601080057).

Some of the seven telecom bills the House Communications Subcommittee will consider at 10:15 a.m. Wednesday contain problems and should be opposed, some of the nine witnesses plan to tell lawmakers, according to written testimony. CTIA will object to the House Republican bill to cap the Lifeline program at $1.5 billion, while the American Civil Liberties Union will question the privacy protections of another bill.

The 9-1-1 Location Technologies Test Bed, an independent entity established by CTIA, said Thursday it has picked LCC Design Services as the administrator of the indoor 911 location accuracy test bed. “As the independent administrator of the test bed, LCC will develop a process to evaluate the indoor performance of wireless carriers’ deployed and new technology vendor[s]’ ... wireless 9‑1‑1 location accuracy solutions,” CTIA said in a news release. “The test bed results will provide critical information to determine compliance with the FCC’s rules and potential improvements to existing capabilities that will enhance public safety’s abilities to respond to emergencies quickly and safely.” The FCC approved an order in January 2015 requiring carriers to improve their performance in identifying the location of wireless callers to 911 (see 1501290066).

FCC Chairman Tom Wheeler offered a bevy of defenses and explanations to Capitol Hill on his Lifeline program overhaul and broadband privacy regulation NPRM, both set for votes Thursday at the FCC’s meeting. The agency released Wheeler’s responses to multiple lawmakers Wednesday on the items, as governors slammed the Lifeline overhaul plan and Charter Communications defended it.

Comcast urged a federal district court to dismiss a complaint by two Georgia counties on a dispute about collection of 911 charges. The counties of Cobb and Gwinnett filed the complaint in the U.S. District Court in Atlanta, alleging Comcast failed to bill, collect, report and remit the appropriate amount of 911 charges from customers. The counties seek to collect the charges from Comcast. But in a motion to dismiss filed Friday, Comcast said it didn't underbill 911 charges -- and in any case, the counties don't have authority to hold telecom providers liable for unpaid 911 changes. The governing law in the state, the 1977 Georgia Emergency Telephone Number 9-1-1 Service Act (911 Act), doesn't authorize the counties to collect 911 charges from telcos, Comcast argued. “The 911 Act does not create a right of action against service suppliers for unpaid 911 charges and most certainly does not enable an action against suppliers to collect from them 911 charges that have not been billed,” it said. “The Counties ask this Court to manufacture from wholecloth [sic] a right of action that does not exist under the 911 Act and a remedy that the 911 Act does not allow. The law is clear that their complaint must be dismissed.” The counties’ 911 complaint is one of a spate of lawsuits lately facing telecom providers, said Comcast. “This lawsuit is one of over a dozen lawsuits filed by Cobb and Gwinnett Counties. It also mirrors more than a dozen other, similar lawsuits filed by or on behalf of local governments across the nation.” Comcast said the source of all the complaints is consulting firm Expert Discovery, which “presents itself as an ‘auditor’ of telephone service providers and works on a contingent fee basis.” Expert Discovery didn’t comment.

Senate Commerce Committee Chairman John Thune, R-S.D., pressed FCC Chairman Tom Wheeler on whether the agency played a role in the recent creation of the NG911 NOW Coalition and on how his office handles the potential discussion of nonpublic information with members of the news media and other officials. He sent the letter Friday and requested answers to several questions by April 4. The FCC received the letter and is reviewing it, said an agency spokesman, declining further comment.