USTelecom hires Mike Saperstein, ex-Frontier Communications, as vice president-law and policy, effective April 9, and Kelly Misselwitz, ex-aide to Sen. Jeanne Shaheen, D-N.H., as vice president-government affairs, effective March 22 ... Claude Aiken is departing as Commissioner Mignon Clyburn's wireline legal adviser, they confirm; he reportedly is to become president of the Wireless Internet Service Providers Association; WISPA and Aiken declined to comment ... Internet Association hires Jordan Haas, ex-International Trade Administration, as director-trade and international policy, succeeding Ari Giovenco, hired by Amazon.

The Internet Association moved to intervene in the case against the FCC net neutrality repeal in the 9th U.S. Circuit Court of Appeals. "The internet industry will continue to fight for net neutrality protections that help consumers, foster innovation, and promote competition for the entire online ecosystem,” said CEO Michael Beckerman Thursday. "Without these legal protections, internet companies and consumers will have no effective legal recourse against broadband providers that distort competition and impede communication by preventing or discouraging consumers from reaching the online content of their choice," said IA's court motion (in Pacer) in County of Santa Clara v. FCC, No. 18-70506 (in Pacer) and consolidated cases. San Francisco's motion to intervene in support of a California Public Utilities Commission petition was granted, and NARUC's motion to intervene in support of petitioners is pending. The American Cable Association, CTIA, NCTA, USTelecom and Leonid Goldstein have pending motions to intervene in support of the FCC. Also pending is a request from Mozilla and other petitioners to transfer the case to the D.C. Circuit (see 1803190042).

Parties asked the U.S. 9th Circuit Court of Appeals to send FCC net neutrality litigation to the D.C. Circuit. Mozilla and others, which filed 13 petitions for review of a net neutrality repeal order in the D.C. Circuit, said the FCC and the two petitioners that filed in the 9th Circuit -- Santa Clara County and the California Public Utilities Commission -- don't object. The FCC and Santa Clara confirmed Monday they wouldn't oppose. The CPUC didn't comment. A court lottery chose the 9th Circuit, sparking speculation there could be a request to transfer the case to the D.C. Circuit (see 1803090051). Transfer is warranted by "the convenience of the parties, the choice of forum made by the majority of the petitioners, and the fact that this Court's sister Court for the D.C. Circuit has considered virtually identical issues in inter-related proceedings," said parties' motion (in Pacer) Friday to the 9th Circuit in County of Santa Clara v. FCC, No. 18-70506 and consolidated cases. "This case is the fourth 'follow-on' phase in the review of the [FCC's] 'network neutrality' actions; all prior phases have been adjudicated by the D.C. Circuit. That Circuit has issued four decisions in these prior three proceedings ... Transfer is warranted in the interest of continuity." An attorney for one of the petitioners emailed: "It is entirely up to the discretion of the court and not easy to predict, but in the absence of opposition, the odds favor transfer." Joining Mozilla's motion were the Coalition for Internet Openness, Etsy, Benton Foundation, Free Press, Vimeo, Public Knowledge, National Hispanic Media Coalition, New America's Open Technology Institute, Center for Democracy & Technology, Ad Hoc Telecom Users Committee, NTCH, and the attorneys general for 22 states and the District of Columbia. “Given the clear infirmity of the FCC’s Order, we believe that any court in the country would conclude that the Order violates the law. Although the Ninth Circuit, as the home of Silicon Valley, would be an appropriate forum for this matter, we did not oppose the motion," said Danielle Goldstein, Santa Clara County counsel, in a statement. "It is not likely we will weigh in on this issue," emailed Brad Ramsay, general counsel of NARUC, which filed to intervene: "If we did, we would not take a position that differs from petitioner CPUC. But there are positives if the appeal is heard in either circuit." Pending intervenors American Cable Association, CTIA, NCTA and USTelecom didn't comment.

State bills on net neutrality, small cells and broadband deployment marched forward this week, but another to allow municipal broadband expansion failed. The Hawaii Senate passed a bill Tuesday reinstating net neutrality rules rescinded by the FCC in December, and both Hawaii chambers passed bills to streamline 5G deployment by pre-empting local governments. Washington state's legislature sent a rural broadband bill to the governor, but a Tennessee bill to end the ban on muni-broadband expansion died in committee.

USTelecom said the local number portability administrator transition should "occur on time through an efficient and effective process." As a scheduled April 8 regional LNPA cutover from Neustar to iconectiv nears, USTelecom said it's concerned about a breakdown in discussions over a contingency rollback plan to the incumbent if the new systems fail (see 1802200051). The impasse happened "despite the availability of a well-thought contingency roll back plan initially developed" by North American Portability Management's transition oversight manager (TOM) and iconectiv, "with participation and input provided by Neustar, and ultimately accepted by the NAPM," said a USTelecom filing posted Tuesday in docket 09-109 on calls with aides to Commissioners Mike O'Rielly and Brendan Carr. It's "critical that the contingency rollback plan be agreed upon by all parties to the transition as soon as possible so that the transition can continue without delay," added USTelecom.

The FCC offered guidance on the Form 477 and broadband reporting duties of carriers receiving high-cost USF support. The commission in 2016 directed Universal Service Administrative Co. to develop an online system for receiving high-cost carriers' broadband location information and certifications, now called High Cost Universal Broadband (HUBB). A Wireline Bureau public notice in docket 10-90 Thursday provided additional guidance and clarifications to carriers on reporting certain details: the "effect of corrected Form 477 data on Connect America Fund-Broadband Loop Support carrier deployment obligations," the "process to demonstrate there are fewer than the required number of locations or that a carrier is fully deployed" and "ongoing HUBB reporting obligations." Major telcos expressed concerns about the process for updating HUBB information, said a USTelecom filing posted Wednesday on a meeting representatives of the group, AT&T, CenturyLink, Frontier Communications, Verizon, Windstream had with FCC and USAC staffers: "We discussed the need to permit providers to make automated updates, including dropping locations, to previously submitted information. The current suggested process of emailing USAC personnel with a detailed explanation for every dropped location who, in turn, will forward that email to FCC staff for their review and approval, is not workable at scale." The officials also discussed approaches to rationalize legacy obligations and USF support with a CAF II broadband auction looming. CenturyLink wasn't able to make certain data changes due to "HUBB portal restrictions," said the telco's filing posted Thursday in docket 14-58. USTelecom and CenturyLink didn't comment Thursday on the PN.

The FCC released a draft order that would streamline wireless infrastructure rules in keeping with the push that started in the early days of the Ajit Pai chairmanship. Pai blogged Thursday that the changes are critical to 5G. Commissioner Brendan Carr, heading the FCC’s wireless infrastructure push, already highlighted many of the changes in a speech Wednesday (see 1802280031). A key American Indian group raised initial concerns. Among other items up for a vote at the March 22 meeting, as expected, are a Further NPRM on the 4.9 GHz band, changes to cell booster rules and deregulation for when satellite stations' parents have ownership changes. The meeting will start at 9:30 a.m., an hour earlier than normal.

Sen. Ed Markey, D-Mass., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., filed their long-promised Congressional Review Act resolution to repeal the FCC nixing 2015 net neutrality rules. It sets the stage for an anticipated months-long push to bring the measure up for floor votes (see (see 1712110050, 1712120037 and 1712140044). Doyle and Markey touted what they perceive as growing momentum for the resolution, during a news conference in conjunction with the day's net neutrality “Day of Action.” Neither chamber's version has guaranteed majority support. Fifty senators and 150 House members have publicly declared as supporters or co-sponsors. Markey and other lawmakers emphasized the need for “one more” Republican senator beyond Sen. Susan Collins, R-Maine, to join in supporting the resolution for it to pass in that chamber. “Whose side are you on?” he asked Tuesday. Backers have been urging Republicans who haven't declared a position on the measure, including Sen. John Kennedy, R-La., to join them. Kennedy told us he hasn't made up his mind. “I had another long meeting today with the folks” at the Congressional Research Service, he said, noting he now has a “thick” file and he's “still adding” information on the pros and cons of the resolution. If more Republicans don't “wise up and join us” in supporting the resolution, Democrats will make it a “major issue” in November midterm elections “and we will win,” said Senate Minority Leader Chuck Schumer, D-N.Y., during the news conference. He vowed to force a Senate vote on the resolution before the 60 legislative-day timeline for using the CRA path expires (see 1712150049). Supporters of the 2015 rules' rescission criticized the CRA resolution, including Broadband for America, the Free State Foundation and USTelecom. New York City Mayor Bill de Blasio (D) and 75 other municipal and local government officials jointly said in a letter to congressional leaders that they “strongly support” the measure. The Benton Foundation said it challenged the FCC net neutrality repeal in the U.S. Court of Appeals for the D.C. Circuit.

Industry and government representatives have been “handicapped” in defending global digital infrastructure, and USTelecom and the Information Technology Industry Council “stand ready” to create “new solutions,” their executives wrote Monday. The organizations last week announced the Council to Secure the Digital Economy (CSDE) (see 1802230054). USTelecom CEO Jonathan Spalter and ITI CEO Dean Garfield co-authored an opinion piece in the Morning Consult saying industries most often targeted for cyberattacks are those with the most to lose, including government and critical infrastructure. They said government and industry made “significant advances” in applying security measures in the U.S., Europe and Asia, but there hasn't been adequate strategic and operational coordination across sectors and countries. Garfield and Spalter cited some positive developments, including President Donald Trump’s executive order in 2017 and other executive branch measures on botnets and automated threats.

Washington could be the first state to pass net neutrality legislation restoring protections rescinded by the FCC in its December order. The Washington state Senate this week is likely to pass a net neutrality bill (HB-2282) that was overwhelmingly approved by the House and has support from Gov. Jay Inslee (D), said sponsor state Rep. Drew Hansen (D) in a Monday interview. Other West Coast states may be close behind, with the Oregon House passing its own net neutrality bill Monday and the California Senate passing a bill earlier this month. Industry groups said they would prefer congressional action. Last week’s publishing of the FCC order in the Federal Register precipitated lawsuits by state attorneys general and several others (see 1802230047).