The FCC voted 5-0 to approve a rural call completion order with few changes, as expected (see 1903140051). Democratic commissioners partially concurred, saying stronger actions are needed. The item sets "flexible" service-quality standards that require intermediate providers to take reasonable steps to ensure calls they handle are completed, a release said. "Intermediate providers will now have an obligation to take action and ensure that calls are completed," said Commissioner Brendan Carr at Friday's meeting. The order also eventually sunsets "covered" originating provider recordkeeping duties.

Comedian John Oliver's critique of the FCC for not doing enough to cut illegal robocalls became the latest partisan commissioner dispute over Telephone Consumer Protection Act enforcement and regulation. After commissioners' Friday meeting, there was a war of words over whether the FCC is doing enough, quickly enough, whether wireless and other telecom service providers can do more, and whether the agency has more authority than it has used under Chairman Ajit Pai. Democrats want more agency and industry action, while Republicans said TCPA enforcement is front and center under Pai, and there may not be authority for the crackdown Oliver sought March 10 on Last Week Tonight.

The FCC appears poised to approve a rural call completion order with only modest changes to a draft, agency officials said. They said the vote at Friday's commissioners' meeting seems likely to be unanimous, though one said some concerns could be expressed. NTCA had urged the FCC to strengthen its proposed "flexible" intermediate provider service-quality standards and make its proposed sunset of "covered" originating provider record-keeping duties contingent on RCC rule effectiveness (see 1903050041). But CTIA and USTelecom backed the data recording and retention relief (see 1903080022 and 1903110070). Major changes aren't in the works, the commission officials said. A requirement for a bureau-level report on rural call completion is expected to be added to the item at the request of Democratic commissioners, and concerns about call-delivery overseas are expected to be addressed, "buried in the details," said one official. Attorney Robert Koppel of Lukas LaFuria said he's "optimistic" the FCC will address a problem he raised on behalf of long-distance providers handing off 100 percent of their voice traffic directly to foreign carriers terminating outside the country. He urged the FCC to clarify "it will not require the final 'intermediate provider' in the United States to ensure that any additional, non-U.S. intermediate providers, are registered" with the commission.

Vermont agreed not to enforce its net neutrality law or executive order, and ISPs agreed to pause their lawsuit against the state, while the U.S. Court of Appeals for the D.C. Circuit weighs the FCC’s 2017 order rescinding 2015 open-internet rules. “Parties wish to avoid a waste of judicial and party resources,” said a stipulation (in Pacer) Thursday at U.S. District Court in Burlington. An industry motion for summary judgment and Vermont motion to dismiss were pending (see 1902060057). Vermont restricted state procurement to ISPs that follow net neutrality rules. The agreement is “a win for consumers that will allow continued innovation and investment while these deliberations continue,” said the American Cable Association, CTIA, NCTA, New England Cable & Telecommunications Association and USTelecom, adding that Congress should pass a national law. Gov. Phil Scott (R) and the FCC didn't comment. California struck a similar deal with ISPs and DOJ in October (see 1810260045). Free State Foundation President Randolph May said that "from a legal perspective, it just doesn’t make sense for any state to move forward until the Mozilla case is resolved."

The FCC should end price caps on large telco business data service transport, incumbents said in replies posted through Tuesday on a Further NPRM proposal. A 2017 commission decision to end such ex-ante regulation, remanded by the 8th U.S. Circuit Court of Appeals for lack of notice, "was backed by strong evidence and a rational policy choice," replied USTelecom and ITTA in docket 17-144. "Nothing in the record of the current proceeding should alter the Commission’s prior conclusion." AT&T said no party disputes "key facts" showing BDS transport competition was "essentially ubiquitous" in price-cap regions as of 2013 -- even with cable deployment understated -- and it cited "substantial" competitor investments since then. "Reversing course at this juncture would upset industry expectations, disrupt carriers and their customers, and strain the overall [BDS] regulatory framework," said Verizon. In initial opposition (see 1902110027), Incompas and Sprint "just recite arguments" the FCC rejected in 2017, said CenturyLink: "These parties appear to have forgotten that the Eighth Circuit denied all the CLECs’ substantive challenges to the BDS Order and remanded that order solely to cure a single procedural error. ... Given that court decision, the Commission’s key findings in the BDS Order are on even firmer ground today." The 8th Circuit's substantive affirmation of the 2017 order "is in many ways the end of the inquiry," said Frontier Communications. As USTelecom and ITTA said previously, the "FNPRM leaves RLECs wishing to elect price cap regulation for their transport elements in limbo," said NTCA. It backed an "ITTA/USTelecom recommendation that the same policy considerations that the Commission found justified moving price cap carriers’ TDM transport services to incentive regulation equally apply to RLECs’ TDM transport services."

USTelecom urged the FCC to eliminate data recording and retention rules, as contemplated in a draft rural call completion order set for a vote Friday, despite NTCA resistance (see 1903050041). It said the obligations don't provide the commission "any meaningful utility" and are a burden on "covered" originating providers. "While NTCA speculatively argues that the mandate for retaining the data required under the current rules somehow leads to improved call completion, it provides no evidence of a correlation," said a USTelecom filing posted Monday on meeting an aide to Chairman Ajit Pai, accompanied by similar filings on meeting aides to other commissioners, in docket 13-39. "Nor could it. There is no evidence in the record demonstrating correlation between simply recording and retaining certain data and improved call completion to rural areas." NTCA repeated its arguments in a filing Friday on meetings with aides to Commissioners Mike O'Rielly, Geoffrey Starks and Brendan Carr. A counsel representing U.S. long-distance providers that hand off 100 percent of their voice traffic directly to foreign carriers for terminating outside the country urged the FCC to add language to the draft. Clarify it "will not require the final 'intermediate provider' in the United States to ensure that any additional, non-U.S. intermediate providers, are registered" with the commission, recommended Robert Koppel of Lukas LaFuria on discussions with aides to all five commissioners. He said compliance would be "almost impossible" and the agency lacks jurisdiction.

Deere & Co. urged improving mobile broadband data collection and mapping to identify coverage gaps affecting agriculture. In meetings with aides to every FCC commissioner, company representatives discussed developing "potential mapping tools ... using Commission cell tower data" combined with public Agriculture Department crop information, plus cited state examples of using such tools. "Commission rules and support programs should recognize and address the growing unmet need for mobile broadband coverage ... in areas of agricultural operations," said a filing posted Monday docket 11-10. It also cited GPS' key role in "high precision agriculture and the benefits ... made possible through continuing access to Galileo satellites." USTelecom and telco members "stressed the importance of granular data to make federal funding programs, including CAF 3, as targeted as possible." The group's mapping proposal also would allow "auction participants to bid with the full knowledge of exactly how many locations in a census block require service and, importantly, exactly where those locations are," said a filing Friday on meetings with Rural Broadband Auctions Task Force and Office of Economic and Analytics. "Future funding programs should target all unserved locations, not just those previously defined as 'high cost,' because the market has failed to provide service regardless of predictions about their economic viability." The National Rural Electric Cooperative Association is "deeply concerned with potentially significant overstatement of fixed broadband deployment" due to current Form 477 guidelines, said a filing on a meeting Wireline Bureau staffers. "The issue of reporting of served locations within census blocks, particularly rural census blocks, is conflated unnecessarily with the challenges of identifying locations in rural census blocks. The two considerations are distinct and can and should be addressed separately."

California's net neutrality law is "a consequence" of FCC deregulation, said ex-commission Chairman Tom Wheeler on C-SPAN: "If the federal government has stepped aside, and the agency responsible for America’s networks says, 'No, we don’t have this responsibility any more for internet networks,' and we are a federal system, then why should we be surprised if the states step up?" Under President Donald Trump, "those networks regulated by the FCC have gotten everything they want. And they turn around and they say, ‘Oh my goodness, there’s a void there, we need some kind of rules.’ So they turn around and they go to Congress and say, ‘We’ve got to pre-empt what California has done,'" Wheeler added. ISPs are discovering the truth of what Adam Smith wrote that markets can't work without rules, Wheeler told The Communicators, put online Friday and televised this week. "They had uniform set of rules on open internet … on privacy that got overturned in the Trump administration." Monday, the Internet Association and USTelecom didn't comment and the commission and NCTA declined to comment. Wheeler criticized the FCC on cybersecurity under Chairman Ajit Pai. "If the most important network is probably going to be the wireless network, now in shorthand described as 5G," Wheeler asked, "what are we doing now to get in front of the threats that we know are coming?" The agency under Wheeler sought to require standards for spectrum the agency is making available for fifth-generation wireless be able to prevent such attacks, and sought technical feedback from experts, he recalled. "When the Trump FCC came in, they shut down both of these activities." He said the examination of what 5G gear can be bought is "important," such as whether equipment can come from Chinese companies. "The first step in rebalancing between the people and the powerful begins with oversight of the dominant network" via net neutrality, Wheeler blogged Friday for the Brookings Institution. "The second step comes with the establishment of rules for those who ride on the internet." The Trump FTC, which declined comment Monday, "has made noises, but has yet to step up to this challenge," wrote Wheeler, a Brookings visiting fellow. "Today’s internet barons behave just as the industrial barons in [then-President Teddy] Roosevelt’s day."

Rural telco interests voiced concerns about FCC proposals to auction off their subsidies in areas completely or almost completely served by unsubsidized broadband competitors. They opposed such reverse auctions or backed limiting their use to areas with 99 or 100 percent competitive overlap, and sought "reasonable" transitions, continued support for broadband-only lines, and a tribal broadband factor. Fixed-wireless and cable groups backed the thrust of a Further NPRM approved unanimously in December (see 1812120039) but urged auctioning RLEC areas with as little as 50 percent competitive overlap. Comments were posted through Monday in docket 10-90.

The FCC partially granted a USTelecom, CTIA and ITTA request for a one-time waiver of rules requiring a biennial audit of certain USF-eligible telecom carriers. The groups sought the waiver of the "biennial audit requirement for ETCs that are also subject to a forensic audit by the Universal Service Administrative Company (USAC), where those two audits cover the same time period," calendar year 2017, said a Wireline Bureau order Friday in docket 11-42 and others. "Petitioners contend that these audits are duplicative and impose an unnecessary burden on those ETCs that are subject to both audits, while not advancing the public interest." The bureau found "some overlap" but said "the two audit requirements are not wholly duplicative," and granted in part a waiver of the biennial audit requirement for certain Lifeline providers, and otherwise denied it. "We hereby waive the biennial audit procedures related to: Form 497/NLAD analyses (Objective II, 2 and 3); review of eligibility documentation, recertification, and certification forms for completeness and compliance with Lifeline rules (Objective III, 2); and analysis of data reported on the Form 555 (Objective IV, 4-6)," it said.