Telco groups urged the FCC to approve their plan to raise the rural carrier USF budget to at least $2.4 billion for 2018, plus $200 million already committed to the current Alternative Connect America Model Program, said a letter Monday in docket 10-90 from ITTA, NTCA, USTelecom and WTA. "A portion of the budget should be provided to current A-CAM plan participants to enable them to receive support at the level initially offered to them in 2016 (i.e. $200/month per location)." They also proposed an "inflation factor," "baseline funding" that eliminates the need for a support "floor," and no new model-based offers until the existing mechanisms are "sufficiently funded." It's a "collaborative approach to building consensus around a set of shared proposals that, if adopted, will establish predictable USF funding," said Lynn Follansbee, USTelecom vice president-law and policy. "We hope the Commission moves quickly toward finalizing reforms.” Pai said Monday he plans a draft order on model-based RLEC business data services for the Oct. 23 commissioners' meeting (see 1810010027).

DOJ likely will convince the courts to throw out California's new net neutrality law, analysts told us Monday. Attorney General Jeff Sessions and other supporters of the FCC's recent broadband regulation rollback voiced confidence in DOJ's lawsuit, filed in federal court as SB-822 was signed by California Gov. Jerry Brown (D) Sunday. FCC Chairman Ajit Pai, Commissioner Mike O'Rielly and their supporters welcomed the suit, while Commissioner Jessica Rosenworcel and net neutrality advocates criticized it, and industry rivals called for congressional legislation.

California net neutrality bill watchers continued to wait for Gov. Jerry Brown (D) to sign or veto SB-822 ahead of a midnight Sunday deadline. With anticipation running high for a lawsuit if California enacts the measure, FCC Republicans continue to signal they view it as pre-empted by their net neutrality deregulation.

Parties urged new FCC actions to combat unwanted robocalls, differing on specifics. Telecom providers seek more call-blocking authority with regulatory flexibility; consumer groups recommend a more prescriptive approach; and telemarketers want fine-tuning to better target illegal calls and reduce "false positives" blocking legal calls. Comments were posted through Tuesday on a public notice to update the record in docket 17-59, after a November order authorized voice providers to block calls deemed highly likely to be illegal: from phone numbers on a "Do-Not-Originate" list and "those that purport to be from invalid, unallocated, or unused numbers."

The U.S. is in the race to lead the world on 5G, but he’s not predicting victory, NTIA Administrator David Redl said in a taping of C-SPAN's The Communicators. “We have competition,” he said. “China and South Korea are absolutely trying their best to be first.” Redl declined to comment on a White House 5G plan, saying he won’t get out in front of President Donald Trump. NTIA earlier Tuesday released a request for comments on privacy principles (see 1809250049).

TPx Communications pressed the FCC to deny USTelecom's forbearance petition for ILEC relief from wholesale network sharing duties under the Communications Act. "TPx explained the continued importance of unbundled network elements ('UNEs') and resale to competitive markets and the adverse impact forbearance from Section 251(c) obligations would have on its customers," said a filing by U.S. TelePacific, Mpower Communications and Arrival Communications (all "TPx") posted Friday in docket 18-141 on meetings with aides to Chairman Ajit Pai and Commissioners Brendan Carr and Jessica Rosenworcel. They also met an aide to Commissioner Mike O'Rielly (here) and Wireline Bureau staff (here). "TPx has made substantial investments in collocations and equipment to provide broadband, voice, plain old telephone service ('POTS') and bundled services to its customers using UNEs," it said. The Computer & Communications Industry Association voiced concern "that, pursuant to [a Further] NPRM on modernizing the Commission’s Form 477 data collection ... the Commission would eliminate its ability to assess the level of competition in the marketplace for Business Data Services," said a filing in docket 11-10 on meetings with aides to Rosenworcel and Carr. "If the Commission were to 'eliminate the separate reporting of available contractual or guaranteed data throughput rates for business/enterprise/government services', it could no longer assess whether competition has developed under its new scheme, and, at worst, it would have to conduct another data collection like the massive undertaking that precipitated the Tariff Investigation Order and FNPRM."

Rural telco groups asked the FCC to postpone and redo broadband testing duties for RLECs and other smaller providers of fixed service receiving high-cost Connect America Fund support. WTA and NTCA made the requests in applications for review by commissioners of a July 6 staff order (see 1807060031). Petitions for reconsideration (and in some cases clarification) were filed jointly by USTelecom, ITTA and the Wireless ISP Association, and individually by ViaSat, Hughes Network Systems and Micronesian Telecommunications. Filings were posted Wednesday and Thursday in docket 10-90.

The Senate Judiciary Committee postponed a planned Thursday vote on whether to advance Supreme Court nominee Brett Kavanaugh, and set a Monday hearing to probe claims he sexually assaulted Palo Alto University professor Christine Blasey Ford in the early 1980s (see 1809130061 and 1809170048). The hearing will begin at 10 a.m. in 216 Hart. Senate Judiciary invited Kavanaugh and Ford to testify about the claims, though Chairman Chuck Grassley, R-Iowa, told reporters Tuesday Ford hadn't yet responded to the proposal. Committee ranking member Dianne Feinstein, D-Calif., and other Democrats said the Republicans were trying to fast-track the investigation process by limiting testimony on the claims to only Kavanaugh and Ford. All 10 Senate Judiciary Democrats also urged FBI Director Christopher Wray and White House Counsel Don McGahn to reopen a background investigation into Kavanaugh given the assault claims. “The allegation does not involve any potential federal crime,” a DOJ spokesman said. “The FBI’s role in such matters is to provide information for the use of the decision-makers.” Kavanaugh faced critical questions during his confirmation hearing earlier this month about his dissent in the U.S. Court of Appeal for the D.C. Circuit's 2017 en banc affirmation of the now-rescinded 2015 net neutrality rules in USTelecom v. FCC (see 1809070046). Senate Judiciary members also asked Kavanaugh about his views on the high court's Chevron deference to agency expertise and on tech-based privacy issues (see 1809060048).

The pace of broadband progress and how it's measured sparked further divisions on the FCC Telecom Act Section 706 inquiry into whether advanced telecom capability (ATC) is being deployed in a reasonable and timely way. Many comments were posted Tuesday in docket 18-238, including over fixed and mobile service distinctions (see 1809170044). Telco and cable incumbents generally said broadband-like ATC is being rolled out adequately, and 5G wireless will bring new advances. Rivals and others cited shortcomings and urged the agency to increase its ATC speed benchmark. The FCC's last 706 report made a positive ATC determination, kept a 25/3 Mbps fixed benchmark and concluded mobile isn't a full substitute for fixed (see 1802050002). Broadband investment and deployment are robust, in part due to light-touch regulation, commented USTelecom. AT&T and Verizon also hailed ATC buildout. AT&T said "mobile broadband is a functional substitute for fixed broadband," and Verizon said providers "stand at the precipice of game-changing 5G network deployments." CTIA called mobile broadband deployment reasonable and timely. NCTA and the American Cable Association urged a positive ATC determination, and they, ITTA, the Wireless ISP Association, Adtran and others backed maintaining the 25/3 Mbps fixed standard. Despite the progress, incumbents said the regulator could do more to spur broadband, but Common Cause and Public Knowledge said recent FCC actions "widened the digital divide." The Communications Workers of America said the pace of broadband deployment isn't reasonable and timely, with more than 24 million Americans lacking access and more lacking high-speed wired connections. Incompas said it's "time to be bold" and raise the benchmark to 1 Gbps, while CWA and others backed 100 Mbps. CWA, Incompas, WISPA, ITTA, rural groups and others said mobile isn't an adequate substitute for fixed. NTCA said only existing, not possible future, services should determine the ATC finding. The Fiber Broadband Association urged a focus on "all-fiber connectivity" and a "holistic approach" factoring in service reliability and latency. ViaSat and SES Americom plugged satellite broadband. New America's Open Technology Institute, Microsoft and others said Form 477 broadband data is flawed and sought fixes and use of other sources. Free Press urged inclusion of data from Puerto Rico and other storm-struck areas and said the FCC should "abandon" proposals to "gut" Lifeline USF. The National Digital Inclusion Alliance cited broadband adoption and affordability as critical and voiced concern about "evidence of AT&T's digital redlining."

Net neutrality lobbying of California Gov. Jerry Brown (D) is heating up. Capitol Hill Democrats seek enactment and industry urge veto of a state bill that flies in the face of the FCC’s December order rescinding 2015 rules. Brown kept mum Tuesday on SB-822, his usual practice with bills pending his signature; he has until midnight on Sept. 30 to decide. Chairman Ajit Pai Friday said the bill passed last month by the California legislature is illegal (see 1809140046).