The FCC didn't violate the nondelegation doctrine when it used the Universal Service Administrative Co. to calculate quarterly USF contribution factors and administer USF programs, a federal court ruled Thursday. In denying Consumers' Research's challenge of the FCC contribution factor (see 2306220062), the 11th Circuit U.S. Court of Appeals noted "all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power."

Citing the need to speed up resolution of pole attachment disputes, FCC commissioners during their open meeting Wednesday unanimously adopted an order, declaratory ruling and Further NPRM revising rules to make for faster and cheaper broadband deployment. The item builds on a 2022 proceeding seeking comment on the commission's cost allocation principles (see 2203160031).

Verizon agrees with concerns that CTIA and USTelecom raised on draft data breach rules, teed up for a Wednesday FCC commissioner vote (see 2312070034), said a filing posted Friday in docket 22-21. A Verizon representative spoke with an aide to Chairwoman Jessica Rosenworcel. “The description in the draft of what constitutes ‘sensitive personal information’ is extremely broad and is inconsistent with other data breach reporting and privacy regimes,” Verizon said.

California’s largest tribe rejected multiple AT&T recommendations for the state’s participation in the broadband, equity, access and deployment (BEAD) program. The California Public Utilities Commission received reply comments Thursday on volumes one and two of draft BEAD initial proposals (docket R.23-02-016). The Yurok Tribe disagreed with AT&T that project area units should be as geographically small as possible. "AT&T says that requiring minimum geographic units to be equivalent to a contiguous tribal land area could ‘eliminate synergies and increase costs,’ but that’s precisely the logic that has led to a patchwork of service on tribal lands, and the chronic underinvestment of incumbent providers in remote, rural tribal locations,” the tribe said. In addition, Yurok disagreed with AT&T that applicants should have prior experience with technology they plan to deploy. "This suggestion would, quite obviously, completely disqualify a number of new providers seeking to bring quality service to areas long ignored by incumbent providers from eligibility." And the tribe disagreed with the carrier to score more points to larger projects. "Doing so would reward incumbent providers at the cost of new providers, as incumbent providers are better positioned to develop larger projects that serve more locations.” AT&T made the suggestions in its opening comments (see 2311280053). The San Diego Association of Governments urged the CPUC to better prioritize equity. "The current scoring rubric allocates only 10 points out of 100 for projects targeting low-income and disadvantaged communities,” the San Diego group said. While CPUC must comply with NTIA rules, “we contend that this limited point allocation may not serve as a sufficient incentive for ISPs to invest in areas of utmost need.” USTelecom replied, "California should rely on ACP participation and a comparability test to meet BEAD’s affordability requirements and affordability should not be scored on a sliding scale.” If the state adopts low-cost and middle-income affordability plans, “providers should be able to adjust prices to capture inflation, cost of living increases and other costs outside of the providers control such as taxes,” said USTelecom: And don’t prioritize open access. The CPUC’s independent Public Advocates Office urged the CPUC to reject recommendations to modify "affordability requirements in ways that would prioritize private interests over the public interest.”

Utility pole owners, ISPs and advocacy groups widely backed the FCC's efforts to expedite the pole attachment application process in a draft order, declaratory ruling and Further NPRM that commissioners will consider during an agency meeting next week (see 2311210043). Some sought additional clarification of definitions and transparency requirements. Others urged the FCC to add specificity to the application review process.

A week ahead of Wednesday’s FCC commissioner vote on revised data breach reporting requirements, providers and major industry associations raised concerns about the proposed rules (see 2311220047) and whether they would withstand a court challenge. Filings on meetings with commissioner staff and other FCC officials were posted Thursday in docket 22-21. Only NCTA raised concerns in the docket prior to Thursday (see 2312060037).

Industry and consumer groups disagreed on whether updating the FCC's broadband speed benchmarks is necessary (see 2311010062). Some cited ongoing federal broadband deployment programs and private investments and encouraged the FCC to focus its report to Congress regarding the state of broadband on policies that could further facilitate deployment. Comments were posted Friday and Monday in docket 22-270.

FCC staff granted USTelecom and the Competitive Carrier Association's petition to extend for three additional filing periods the FCC's waiver of broadband data collection rules allowing filers to submit information by a nonlicensed professional engineer, said an order Thursday (see 2309120062). Adopted by the chiefs of the Wireline Bureau, Wireless Bureau and Office of Economics and Analytics, the order required filers to also preserve "additional network information for expeditious submission to the commission upon request."

Industry and consumer groups disagreed in comments posted Thursday in docket 20-67 on whether certain certification and disclosure requirements would hinder efforts to strengthen the FCC's direct numbering access authorization process. Commissioners sought comment in a Further NPRM adopted during the agency's September meeting proposing to impose new rules on interconnected VoIP providers seeking direct access (see 2309210055).

USTelecom asked the FCC to maintain current pole replacement cost allocation standards, according to an ex parte filing posted Wednesday in docket 17-84. Meeting with aides to Chairwoman Jessica Rosenworcel and FCC Wireline Bureau staff, the group also asked that the agency clarify that pole owners can't charge an attacher the full cost of a pole replacement if "the pole would have required replacement even if the new attachment were not made" at the time of the pole replacement. Commissioners are expected to vote on an pole attachment item during the agency's December meeting (see 2311210043).