USTelecom won't oppose motions to extend FCC comment dates on its petition for incumbent telco forbearance relief from discounted wholesale network-sharing obligations and related requirements, said a filing posted Tuesday in docket 18-141 on a discussion officials of the ILEC group, AT&T, CenturyLink and others had with Wireline Bureau Chief Kris Monteith and other staffers. Competitors, state regulators and consumer advocates asked the FCC to extend June 7 and June 22 deadlines for comments and replies by two to four months (see 1805210049). The U.S. Small Business Administration Office of Advocacy backed the previous requests for more time, and the Massachusetts Department of Telecommunications and Cable asked for extensions to Sept. 5 and Oct. 5. USTelecom said its petition met FCC standards for being "complete as filed," contrary to arguments of Incompas and others seeking dismissal (see 1805110059). "We also assured staff of our readiness and willingness to submit additional confidential and proprietary data (subject to Protective Order), explanations of our data analyses, and other supporting evidence into the record, as the Commission deems necessary and appropriate," said the ILEC group. But Incompas and Windstream said USTelecom failed to include all necessary information. "Even with respect to any public data sources incorporated into USTelecom’s charts, commenters should not have to guess at the values of the actual data in the charts, nor should they have to guess," said a joint filing on a meeting with bureau staffers. "At minimum, the Commission should (1) direct USTelecom to file all the underlying data, including confidential data, (2) adopt a protective order, and (3) reset the comment dates to permit an adequate, 90-day comment period once the Petition is actually complete as filed and the ordinary process for clearing counsel and experts to access confidential materials has been completed."
More parties asked the FCC to extend comment deadlines or dismiss a USTelecom petition seeking incumbent telco forbearance relief from wholesale network-sharing and related requirements (see 1805040016). State regulatory commissions in California and Ohio, the National Association of State Utility Consumer Advocates and Northwest Telecommunications Association (NTA) sought or supported comment date extensions in recent days. The Wholesale Voice Line Coalition backed Incompas requests to dismiss the petition or at least extend deadlines (see 1805110059).
NARUC wants more time for comments on USTelecom’s wholesale forbearance petition, joining CLEC industry groups (see 1805140047). Comments should be delayed at least 60 days until Aug. 6, with replies due Sept. 5, the state association requested, posted Thursday in docket 18-141. “The issues raised in the USTelecom Petition are complex and will, without question, impact, at some level, both competition and State regulatory authority and options.”
There's no consensus view on the future of the Congressional Review Act resolution aimed at reversing the FCC order to rescind the 2015 net neutrality rules, despite Senate 52-47 passage Wednesday of its Joint Resolution-52. All 49 Senate Democrats and three Republicans were in support: Sens. Susan Collins of Maine; John Kennedy of Louisiana; and Lisa Murkowski of Alaska (see 1805160043). Backers must secure House passage of companion House Joint Resolution-129 and convince President Donald Trump not to veto. Lawmakers, lobbyists and industry officials shared a range of views on whether that scenario is viable.
Two Republican senators told us Tuesday they weren't ready to announce a particular stance on the Congressional Review Act resolution aimed at reversing the FCC order to rescind 2015 net neutrality rules (Senate Joint Resolution-52) before an expected Wednesday floor vote (see 1805140045). A final vote is expected after 3 p.m., hours after the vote on an initial motion to proceed, a Senate aide told us. “It's going to be like final exams,” said Sen. John Kennedy, R-La.; “I'm going to be studying right up until the time I've got to” vote on the resolution. Kennedy has repeatedly noted his ongoing review of research on net neutrality and meetings with the Congressional Research Service on the measure. Sen. Lisa Murkowski, R-Alaska, said she has “still not” finalized on her position. Both have been viewed as potentially joining the 50 senators who publicly support the CRA measure so long as they aren't viewed as the decisive yes. Senate Commerce Committee Chairman John Thune, R-S.D., told reporters he's unsure if additional Republican senators besides Sen. Susan Collins, R-Maine, will support the legislation. “Nobody has informed us that they're going to be voting for it,” Thune said: “I've been talking pretty regularly with all of our members who I know are concerned about that issue and I have no reason to believe” they will defect. Groups on both sides of the debate continued to make their respective cases on the CRA measure Tuesday. CTIA, NCTA and USTelecom jointly called on Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y., to vote down the resolution. Consumers Union was among those urging the Senate to support it.
ST. PAUL -- Federal judges mostly let attorneys make their arguments for and against FCC decisions easing regulation of the business data service rates of major incumbent telcos. The three-judge panel of the 8th U.S. Circuit Court of Appeals asked only a handful of questions in oral argument that stuck close to its scheduled 40 minutes in Citizens Telecommunications v. FCC, No. 17-2296. About half the questions were related to whether the FCC gave parties adequate notice. Hotly contested FCC cases often draw scores of judicial questions and comments at oral argument. The commission's 2017 order largely removed price caps from incumbent BDS offerings to business customers and competitors (see 1704200020 and 1705010019).
Two telecom groups backed Incompas asking the FCC to delay the deadline for comments (see 1805090004) on USTelecom's wholesale forbearance petition (see 1805110059). The California Association of Competitive Telecommunications Companies seeks to have comments and oppositions due Aug. 6 and replies Sept. 5, while the Midwest Association of Competitive Communications backed the Incompas request, Caltel and MACC posted Monday in docket 18-141. The issues "are complex and require a detailed record that takes time to prepare," said MACC. Caltel said "that the Commission does not routinely grant extensions," but "they are warranted when, among other things, the additional time will serve the public interest." A USTelecom spokeswoman said "parties routinely ask for extensions." It’s time for the commission "to remove these obsolete regulations and put in place a modern framework that reflects today’s competitive broadband market,” she said. The FCC declined to comment Monday.
The Vermont legislature passed net neutrality and privacy bills, with supporters from consumer groups voicing hope that Gov. Phil Scott will sign them and the software industry seeking veto of the privacy bill. The Republican earlier issued an executive order to limit state contracts to net neutral ISPs. Monday in California, a third state Senate panel weighed SB-822, the net neutrality bill supported by ex-FCC Chairman Tom Wheeler and other backers of the 2015 rules.
Incompas asked the FCC to dismiss USTelecom's wholesale forbearance petition, or at least provide more time for parties to file comments. “This 'competition cut off' petition should be stopped dead in its tracks," said Incompas CEO Chip Pickering in a release Friday. "It only benefits a handful of the biggest telecom companies, and hurts millions of small businesses that rely on affordable competitive broadband service." Incompas said it filed two motions on the USTelecom petition that seeks relief from "unbundled" network sharing discounts and other competition duties (see 1805040016). The first asked that the petition be dismissed because it isn't "complete-as-filed," since it relies on confidential data and purported interviews that weren't included, Incompas said. The second asks for an extension of the time for comments and replies, currently due June 7 and June 22 (see 1805090004). "The petition involves complex issues and, if granted, the impact would be widespread and detrimental to multiple parties and industries," Incompas said. "The Commission should gather necessary data to truly understand the market impact, provide access to data, and allow time for parties to provide economic analysis. The Commission also must engage in a thorough cost-benefit analysis." A USTelecom spokeswoman emailed: “These rules are harming competition and consumers, not helping. Today’s broadband market has evolved tremendously and is now extremely competitive. It’s time for all providers to pay their fair share if they choose to offer service. And it’s way past time for the Commission to modernize these regulations. Our petition lays out in a detailed and fact driven way why the Commission should do so.” The FCC didn't comment.
The FCC fined telemarketer Adrian Abramovich $120 million for "malicious spoofing" in a "massive robocalling operation aimed at selling timeshares and other travel packages," which the agency said was the largest "forfeiture" in its history. The commission found Abramovich, of Miami, or his companies spoofed 96 million calls over three months in 2016 "to trick" consumers into listening to advertising pitches, violating a Truth in Caller ID Act prohibition against callers "deliberately falsifying caller ID information with the intent to harm or defraud consumers or unlawfully obtain something of value," said a release. Commissioners approved a forfeiture order at Thursday's meeting, with Commissioner Michael O'Rielly partially dissenting.