Vermont net neutrality litigation will be further stayed until the 2nd Circuit U.S. Court of Appeals resolves a New York appeal of the state’s broadband affordability law, the U.S. District Court in Burlington ruled Tuesday. Judge Christina Reiss said the court’s Dec. 17 injunction on enforcing Vermont’s net neutrality law and executive order expired April 15. Defendant Vermont and plaintiffs ACA Connects, CTIA, USTelecom and the New England Cable and Telecommunications Association sought the order in a Friday stipulation. The district court in December paused the until April 15 or when the 9th Court resolved suits on California’s net neutrality law (see 2112170032). The 9th Circuit upheld California’s law, but industry in February filed a petition for rehearing en banc that's pending (see 2202100072). “The scope and conduct of this action could be significantly shaped by” 2nd Circuit resolution of the New York case, the Vermont parties said Friday.

Nearly a year after the 6th U.S. Circuit Court of Appeals' decision on a challenge to parts of its 2019 cable local franchise authority (LFA) order (see 2105260035), localities interests and lawyers told us negotiations with cable operators have become more complex. Some think the pace of such negotiations and agreements picked up again in recent months, after a slowdown during the 6th Circuit appeal and subsequent, unsuccessful petition for writ of certiorari by appellant localities Eugene, Oregon, and others (see 2111010048). NCTA, ACA Connects, Comcast, Charter and Altice didn't comment.

Industry groups and ISPs participating in the FCC’s affordable connectivity program sought more time to comply with the program’s non-usage tracking rule. Comment posted Friday in docket 21-450 backed a USTelecom petition for an additional 60 days after the April 15 deadline (see 2203230041).

ACA Connects backed USTelecom's request for a 60-day extension of the April 15 deadline for affordable connectivity program providers to comply with the non-usage tracking rule, in a meeting with FCC Commissioner Nathan Simington and staff, said an ex parte letter posted Wednesday in docket 21-450 (see 2203230041). The group said its members face similar challenges in meeting the deadline. ACA Connects also asked the FCC to allow fixed broadband providers to follow the agency's 2011 enforcement guidance on reporting actual speeds and latency in the forthcoming consumer broadband labels.

ISPs sought minor modifications of the FCC’s 2016 broadband consumer labels as the agency works to create new labels required by the Infrastructure Investment and Jobs Act. In reply comments posted Friday in docket 22-2 (see 2203100059), disagreement continued on what details should be included in the labels. Others raised issues with calls to require privacy disclosures in the eventual labels, suggesting links that include more detailed information instead.

Industry disagreed whether the FCC should pause some of its high-cost Universal Service Fund programs amid the recent $65 billion federal broadband support from the Infrastructure Investment and Jobs Act, in reply comments posted Friday in docket 21-476 (see 2202180046). Others debated whether to expand the fund's contribution base or turn to direct congressional appropriations. The FCC sought comments on USF's future as part of its report to Congress due by Aug. 12.

Industry and advocates asked the FCC for some flexibility in its affordable connectivity program outreach grants and to prioritize nonprofit organizations, in comments posted Thursday in docket 21-450. The FCC also sought comments on its proposed pilot program to boost enrollment among households in public housing communities and on how to determine eligibility for an up to $75 monthly benefit for households living in high-cost areas.

Few changes are likely to be made to the FCC’s draft Further NPRM on pole replacement disputes and notice of inquiry on digital discrimination in broadband access, aides told us. The items are expected to be unanimously approved during Wednesday’s commissioners' meeting.

Industry, state officials and advocacy groups disagreed how the FCC should proceed in adopting new broadband consumer labels, in comments posted Thursday in docket 22-2 (see 2201280038). Industry disagreed whether certain information should be required or optional, while state officials and advocacy groups called for strong enforcement and regular publishing of the labels online and on consumer bills. The Infrastructure Investment and Jobs Act (IIJA) required the FCC to adopt labels and hold public hearings on the issue (see 2201270030).

Cable ISPs dissuading consumers from using their own equipment such as modems, often by not troubleshooting subscribers' service disruptions when those modems are used, results in a de facto requirement that consumers rent equipment they would prefer to own, Consumer Reports (CR) said in docket 21-501 Tuesday. Reply comments were due Monday on Television Viewer Protection Act implementation. The cable industry said results of TVPA implementation were mixed (see 2202040055). CR said the FCC should investigate such modem rental tactics. It said the law's requirement that providers inform customers of the total price with all fees included "is a step towards greater transparency," and helps people understand the service's true cost rather than advertised rates, which often don't include taxes, surcharges and fees. Nexstar disputed ACA Connects claims that it and the National Cable TV Cooperative didn't reach terms on a retransmission consent agreement because the broadcaster wanted to limit the size of NCTC members participating in any agreement. ACA didn't comment.