Due to the ongoing FCC closure during the partial government shutdown, the agency Tuesday requested that the court hearing appeals to its common-carrier net neutrality rollback delay Feb. 1's oral argument. The agency's request noted petitioners oppose the motion. The case is Mozilla v. FCC, No. 18-1051.

Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.

USTelecom appoints Patrick Halley, ex-Wilkinson Barker, senior vice president-advocacy and regulatory affairs, succeeding Jonathan Banks, who previously led USTelecom law and policy team ... RIAA President Mitch Glazier becomes chairman-CEO as previously announced (see 1704030020) and Michele Ballantyne advances to chief operating officer ... Angela Kung, ex-FCC Wireless Bureau, rejoins Mintz as of counsel, communications practice.

The Oregon Public Utility Commission voted 2-0 Thursday for an order to implement information disclosure rules for broadband internet access service providers as required by the Oregon net neutrality law restricting procurement to ISPs that don’t follow open-internet rules. Commissioners rejected calls by industry not to proceed (see 1811070037), and CenturyLink’s recommendations to clarify that obligations don’t exceed the FCC’s now-moot 2015 rules and to re-emphasize carriers’ obligation to protect customer proprietary network information. “We have the authority and the responsibility to fulfill the legislative mandate to craft rules to advance and complete the express legislative policy,” said Chair Megan Decker in the livestreamed meeting. Supporting the order in AR-618, Commissioner Stephen Bloom said he doesn’t believe the PUC has authority to “restrict remedies available” for violations of the state law. “Every email, application and video should not be subject to multiple state jurisdictions," a CenturyLink spokesperson said. "Internet traffic is inherently interstate in nature and thus best handled at the federal level.” Earlier this week, Vermont Gov. Phil Scott (R) urged the U.S. District Court in Burlington to dismiss cable and telecom industry groups’ challenge of the state’s net neutrality law and executive order, both of which restricted government contracts to companies that follow open-internet principles (see 1810180045). Scott sought a stay while the motion to dismiss is pending, and while review of the FCC Restoring Internet Freedom order is pending in the U.S. Court of Appeals for the District of Columbia Circuit. “Plaintiffs lack standing because they have not alleged that an identified member of any Plaintiff “ha[s] suffered or [will] suffer harm” caused by the challenged contracting requirements,” he wrote. “Plaintiffs do not allege that any of their members have ever done anything in Vermont inconsistent with net neutrality or been prevented from doing anything inconsistent with net neutrality by State contracting requirements.” NCTA, USTelecom and other industry plaintiffs didn’t comment.

Litigation looms over a lengthy FCC jurisdictional separations freeze despite buy-in from key state regulators. Critics plan a court challenge to a Dec. 17 order extending the freeze on rules allocating most regulated costs to intrastate rather than interstate services, which they say eases illegal cross-subsidies. “We’re going to definitely appeal," said Bruce Kushnick, New Networks Institute executive director. Commissioner Mike O'Rielly, chairman of a federal-state joint board on separations, and others said the rules are becoming less relevant, applying to fewer carriers.

Data security is a shared responsibility among tech-communications industry and government stakeholders, the Council to Secure the Digital Economy told the FTC in recent comments. Including the Information Technology Industry Council, USTelecom and CTA, the council suggested the FTC looks to its recent international botnet guide (see 1811290054) when addressing cybersecurity and data security issues. Earlier this month, CTA announced an effort to craft a technical standard based on the guide’s content, the council said. Antitrust enforcers should increase attention on “employer mergers and conduct that have anticompetitive labor-market effects,” American Antitrust Institute said in comments AAI sent in an email blast Tuesday.

States diverted nearly 10 percent of $2.9 billion in 911 fee revenue for unrelated purposes in 2017, the FCC reported Wednesday. For the first time, every jurisdiction responded for this year’s report, so some exact comparisons may not be possible. The FCC flagged Montana, New Jersey, New York, Nevada, Rhode Island, West Virginia and the U.S. Virgin Islands as responsible for the $285 million in diverted revenue.

Chief Justice John Roberts and Justice Brett Kavanaugh likely will participate if the Supreme Court is asked to review the FCC net neutrality rollback, said court watchers, noting justices have wide leeway on recusals. They recused themselves without explanation from a November decision not to consider the prior commission's 2015 Communications Act Title II net neutrality order (see 1811050008). Their apparent reasons -- possible conflicts over Roberts' shares and Kavanaugh's lower court participation -- aren't expected to be repeated if the current Republican-run FCC's Title I order comes before them.

Comments are due Dec. 27, replies Jan. 3 on CTIA, ITTA and USTelecom's one-time waiver request for eligible telecom carriers selected for forensic audit, the FCC Wireline Bureau said in Friday's Daily Digest and dockets including 10-90. The associations' Dec. 6 request said such reviews are "similar in all material respects" to biennial audits, so waiver would last for two years following a forensic audit and be for the every-other-year checks.

More municipal broadband-network allies said FCC Commissioner Mike O’Rielly's concerns (see 1812130073) about such ISPs infringing on free speech are off base, while those often opposed to regulation told us they shared such fears. O’Rielly "cannot identify a single instance of a municipal broadband network infringing on anyone’s freedom of speech," said Executive Director Deb Socia of the Next Century Cities group of communities including Austin, Baltimore, Boston, Honolulu, Los Angeles and San Francisco. "Local government officials have a Constitutional obligation to uphold free speech." Others we surveyed also couldn't think of an instance of a public ISP infringing on citizens' First Amendment rights. Baller Stokes President Jim Baller, whose law firm represents local interests, told us he disagrees "with most of Commissioner O’Rielly’s arguments." Others agreed with the commissioner. As they are government-run entities, First Amendment curbs on limiting speech "would likely apply to municipally owned broadband networks," emailed American Legislative Exchange Council Communications and Technology Task Force Director Jonathon Hauenschild. "They would likely face lawsuits and find their terms of service heavily questioned by federal courts." Other than sometimes public ISPs in unserved areas, generally, "such services should not be offered by government in competition with private sector providers," ALEC recommends. O'Rielly is rightly "concerned that muni broadband networks could get into the business of censorship by imposing speech codes that prohibit speech deemed 'impermissible' by local governments," emailed Richard Kaplar of The Media Institute. "The First Amendment protects against such censorship at all levels of government." The institute, which Friday said Kaplar advanced to president-CEO (see personals section), is where the commissioner gave his earlier speech opposing muni broadband that drew opposition, prompting his response in Thursday's blog. NCTA and USTelecom declined to comment Friday.