NTCA and ACA Connects urged the Advisory Council on Historic Preservation Tuesday to adopt the FCC's proposal to amend a 2017 rule simplifying the historic preservation review process for communications providers. Streamlining the review process will give providers more flexibility when seeking to deploy federally funded broadband infrastructure, the groups said in a news release. The will ensure providers can "utilize game-changing broadband funding" to "more effectively and efficiently" close the digital divide, ACA Connects President-CEO Grant Spellmeyer said. It's "critical to balance important historic preservation considerations and minimizing burdens and delays in network construction," said NTCA Executive Vice President Mike Romano.

ACA Connects hires three vice presidents: Zamir Ahmed, ex-NAB, for external affairs; Olivia Shields, ex-House Commerce Committee, public affairs and communications; and Max Staloff, ex-Jenner & Block and former FCC, for regulatory affairs … USTelecom appoints Keller and Heckman’s Kathleen Slattery Thompson as vice president-policy and advocacy … Akin promotes intellectual property lawyer David Lee to partner … Troutman Pepper Names patent and IP partner Tate Tischner as managing partner, Rochester office … Former Lawler Metzger partner Jim Falvey announces opening of The Law Office of James C. Falvey, representing fiber infrastructure and other telecom providers.

A cable industry priority for the new year is opposing the FCC's proposal that requires MVPDs to refund subscribers for programming blackouts due to failed retransmission consent talks with broadcasters, ACA Connects President Grant Spellmeyer told Communications Daily. In an interview, Spellmeyer discussed his 18 months as ACA head (see 2205170043), video's declining -- but not negligible -- importance to his members, and cable's broadband equity, access and deployment (BEAD) program concerns. The following transcript was edited for length and clarity.

NTIA "directionally aligned" its approach to the broadband, equity, access and deployment (BEAD) program in a policy notice released Tuesday. The notice signaled NTIA's BEAD approach is generally in line with the Treasury Department's broadband infrastructure projects and the FCC's USF policies. The notice comes after NTIA received more than 60 comments from a range of stakeholders seeking exceptions and program adjustments.

Industry and consumer groups clashed on whether the FCC should reclassify broadband internet access as a Title II service under the Communications Act in comments posted through Friday in docket 23-320 (see 2310190020). Commenters against reclassification warned that it would stifle innovation and competition. Supporters said the proposal would ensure consumers have equal access to broadband ahead of anticipated federal broadband deployment programs.

Citing the need to speed up resolution of pole attachment disputes, FCC commissioners during their open meeting Wednesday unanimously adopted an order, declaratory ruling and Further NPRM revising rules to make for faster and cheaper broadband deployment. The item builds on a 2022 proceeding seeking comment on the commission's cost allocation principles (see 2203160031).

Industry and consumer groups disagreed on whether updating the FCC's broadband speed benchmarks is necessary (see 2311010062). Some cited ongoing federal broadband deployment programs and private investments and encouraged the FCC to focus its report to Congress regarding the state of broadband on policies that could further facilitate deployment. Comments were posted Friday and Monday in docket 22-270.

Some ISPs tell Wall Street they aren't expecting notable subscriber losses should funding run out for the Affordable Connectivity Program. They expect to keep subs -- though at perhaps lower speed tiers and cheaper service offerings. Advocates say ACP helps make connectivity affordable for current subscribers and ensures accessibility items that the broadband equity, affordability and deployment (BEAD) program addresses translate into adoption.

FCC commissioners voted 3-2 Wednesday to adopt rules aimed at curbing digital discrimination (see 2310250070). The Infrastructure Investment and Jobs Act-mandated order takes steps to facilitate equal access to broadband and investigate instances of discrimination. The commission also adopted a Further NPRM seeking comment on additional measures the FCC can take to advance equal access.

Several groups met individually this week with FCC staff regarding the agency's draft rules on digital discrimination that will be considered during the commissioners' Nov. 15 open meeting, per filings posted Wednesday in docket 22-69. In a meeting with the Consumer and Governmental Affairs Bureau, the National Digital Inclusion Alliance sought clarification on how the FCC will address "present conditions" if retroactive liability won't apply to any final rules. NDIA also urged the adoption of a formal complaint process "to ensure consistency in how the commission handles digital discrimination complaints, regardless of staff or leadership changes." Verizon raised concerns in separate meetings with Wireline Bureau staff and an aide to Commissioner Nathan Simington about the "expansive list" of factors in the definition of "other quality of service metrics" in the draft order. The FCC should "include language in the order stating that neither the scope of the order nor any of its other provisions or rules is intended to limit a provider’s ability to improve its customers’ experience," Verizon said. NCTA warned in separate meetings with a Simington aide and an aide to Chairwoman Jessica Rosenworcel that the lists of covered entities and services "will make the draft order unworkable in practice." ACA Connects said in a letter that the draft order would "chill investment and innovation" if adopted in its current form. It asked the FCC to clarify that it will assess providers' technical and economic feasibility based on their "industry-standard, multi-year upgrade and build cycles." NTCA raised similar concerns, saying "disparate outcomes may emerge from technological and economic considerations." The Wireless ISP Association raised concerns about the use of "subjective terms" in the draft's definitions, saying the draft is "impermissibly broad." WISPA urged the FCC to "reverse course" by limiting provider's obligations to its own "similar circumstances" and "prior success" to prove technical or economic infeasibility rather than requiring it to obtain information from other covered entities.