FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).

Few consumers' phone service will likely be affected if their provider hasn't filed in the FCC robocall mitigation database, experts said in recent interviews. Some had raised concerns that consumers may be unable to make calls if their provider failed to file in the database by the June 30 deadline (see 2104200042).

Industry disagreed whether the FCC should grant Bluebird's petition to preempt the rights-of-way fees charged Columbia, Missouri, as a violation of Communications Act Section 253, in comments posted Thursday in docket 21-323. The telco's fees are "significantly higher than comparable charges for right-of-way access and far exceed charges previously struck down by the commission as excessive," said the Wireless ISP Association. Granting the petition "will signal to other municipalities that excessive and non-cost-based right-of-way access fees place unequal burdens on other providers," WSIPA said. The city's ROW requirements are "unlawfully discriminatory and materially inhibit or limit the ability to compete on a fair and balanced regulatory basis," said Crown Castle Fiber. Effects of the alleged ROW practices "would extend beyond Bluebird and have a chilling effect on other providers seeking to offer competitive broadband service," said NTCA. Preempt uncapped linear foot ROW fees "at minimum," said C Spire: "Linear foot ROW fees are both prohibitive and unrelated to cost." NATOA, the U.S. Conference of Mayors, National League of Cities, National Association of Counties and National Association of Towns and Townships disagreed. "Reject the invitation to play the role of the judiciary with respect to the application of Section 253(c) in this dispute," the groups said. The Northern Dakota County Cable Communications Commission; Shreveport, Louisiana; and Minnesota Association of Community Telecommunications Administrators said similar. "Reject the intractable and legally baseless approach suggested by the petition" and the potential violations "warrant careful scrutiny," said ACA Connects.

USTelecom promotes Trevor Jones to vice president-government affairs ... Analog Devices taps Janene Asgeirsson from Acacia Communications as senior vice president-chief legal officer and corporate secretary ... International Trade Commission promotes Monica Bhattacharyya from its Office of Unfair Import Investigations to administrative law judge for Tariff Act Section 337 patent infringement cases.

Ninth U.S. Circuit Court of Appeals Judges Danielle Forrest and Mary Schroeder asked about FCC preemptive authority after reclassifying broadband as a Communications Act Title I service, at oral argument Tuesday on ISP associations challenging a lower court denying preliminary injunction against California’s 2018 net neutrality law (case 21-15430). Judge Clifford Wallace asked why the 9th Circuit should bother with a preliminary appeal.

The cable industry’s 2021 Independent Show will be held online Oct. 5-6 instead of in person in Minneapolis as previously planned, said sponsors the National Cable Television Cooperative and ACA Connects Tuesday. A virtual event allows the industry to convene “in the safest possible manner amid lingering uncertainty over the appropriateness of large in-person events,” said the release. “It’s the correct decision, with broad support from both ACAC and NCTC members,” said ACA Chairman Patricia Jo Boyers. Despite COVID-19 safety measures, “NCTC and ACAC planners could not, in good faith, ensure that they could provide a safe environment due to the highly contagious Delta variant,” the release said. For a report on other conferences amid the pandemic, see here.

Nearly seven in 10 households getting the FCC emergency broadband benefit chose to receive mobile broadband services rather than fixed broadband. Experts said in recent interviews that the trend is likely because most enrolled households participate in Lifeline.

ACA Connects praised the FCC FY 2021 regulatory fee order for setting satellite MVPD fees to the same rate paid by other MVPDs (see 2108270072). “The FCC finally has made the regulatory fee amount it charges DIRECTV and DISH Network per subscriber equal to that imposed on cable and IPTV providers, closing the book on its seven-year phase-in process,” said President Matthew Polka Monday. Information Technology Industry Council Director-Policy Joel Miller expressed concern about the agency’s look at possible future changes to regulatory fees. “The law and process undergirding how the Commission allocates the burden of reg fees among regulated entities has been well-established,” Miller emailed Friday. “Any changes to this model of regulation could have far-reaching negative consequences and should be carefully considered.”

Industry disagreed whether the FCC should grant Edison Electric Institute's petition for declaratory ruling on pole attachment rate disputes, in comments posted Tuesday in docket 17-84. Comments were due Monday (see 2107230030). The petition "fails to offer any compelling reason for the commission to revisit either of the well-established policies that EEI seeks to overturn," said ACA Connects, which NCTA echoed. USTelecom agreed and said EEI's proposals "would further exacerbate the digital divide by creating additional barriers to broadband deployment by reducing the likelihood that electric utilities will charge just and reasonable rates." EEI's argument is "flawed" and an attempt to "reverse recent commission precedent," said Crown Castle Fiber. The Coalition of Concerned Utilities, which includes the Arizona Public Service, Exelon, FirstEnergy, the Hawaiian Electric companies, Minnesota Power and NorthWestern Energy, said EEI's petition is "simple to implement, practical from a dispute resolution perspective, productive because it encourages collaboration and settlement, and fair in that pole owners would be informed sooner rather than later of any potential disputes." Granting the petition would "[restore] business certainty to the relationships between pole owners and attaching entities," said Duke Energy, which American Electric Power echoed.

ACA Connects co-founder Dean Petersen died Aug. 8, two days before his 81st birthday, ACA said Tuesday. Peterson and Stan Searle founded the organization, then the Small Cable Business Association, in 1993. "When Dean stepped down from the ACA Connects board in 1999, he was given ACAC’s second ‘Eagle Award,’ recognizing his efforts in, and contributions to, our Members and the cable TV industry," said ACA CEO Matthew Polka. Survivors include his daughters, Christy Brown, Connie Anderson and Cindy Moehring, and a brother, Ron Petersen. Services were held Thursday. Memorial gifts are suggested to Circle of Life, Springdale, Arkansas.