The National Association of Attorneys General (NAAG) formally requested the FCC’s opinion Tuesday on telcos’ legal ability to implement call-blocking technology. Thirty-nine AGs asked the FCC in the NAAG letter whether legal prohibitions against software like Call Control, NoMoRobo and Telemarketing Guard are “subject to change” if customers specifically request the use of the software. USTelecom had said last year that legal restrictions against those technologies prevented telcos from implementing the technologies, NAAG said. The group asked the FCC if carriers can legally block a call if technology identifies a call as coming from a telemarketer, provided the telco wants to block at a customer’s request. NAAG also asked the FCC to clarify the accuracy of USTelecom’s description of the FCC’s position as a “strict oversight” of the delivery of telecom traffic and that call blocking is an “unjust and unreasonable practice” under Communications Act Section 201(b). The telcos’ resistance to implementing call-blocking technology “raises important questions. If a solution to the nation’s illegal telemarketing problem is possible, it will require the private sector -- including telephone carriers -- to get involved,” NAAG said in the letter (http://bit.ly/Zg5uKS). USTelecom is “reviewing the letter” and continues “to work on this issue,” a spokeswoman said.
Price cap carriers say they're willing to offer faster broadband with Connect America Fund Phase II money, but in return they want the funding to last longer, and to have the “flexibility” of not having to serve all areas of a census tract if it’s too expensive. The FCC-proposed changes in the program are resurrecting a long-standing battle, in which cable companies and others resent that cap carriers are eligible for the funds. The American Cable Association, Competitive Carriers Association and NCTA are opposing the changes, in filings submitted before Monday’s Further NPRM replies deadline, with ACA saying the changes would be a “windfall” for the price cap carriers.
Oceus Networks promotes Randy Fuerst to CEO, and he remains president; Douglas Smith leaves as CEO … Internet Association hires Abigail Slater, ex-aide to FTC Commissioner Julie Brill, as vice president-legal and regulatory … Sony Pictures Entertainment hires Ryan Doherty, ex-Ballantine Bantam Dell, as vice president-literary development, new post, pursuing book-to-film-and-television opportunities for all content divisions … Aerohive Networks hires Stathis Papaefstathiou, ex-F5 Networks, as senior vice president-engineering … Non-Contracted Parties House of the Generic Names Supporting Organization names to ICANN board Markus Kummer, Internet Society, on Oct. 14, filling Bill Graham’s seat … Lobbyist registrations: Intuit, Greenberg Traurig, effective July 18 … USTelecom, Greenberg Traurig, Aug. 1.
USTelecom’s request for a 30-day extension to file comments on the broadband progress Notice of Inquiry (NOI) (CD Aug 6 p5) was denied by the FCC Wireline Bureau, in an order (http://bit.ly/1thOfFN) Friday. USTelecom had argued an extension would allow it and other commenters to submit thoughtful analyses on new and novel issues like role of mobile and satellite, the order said. Extensions are not routinely granted, the progress inquiry must be completed within 180 days after it begins, and the commission has asked in prior NOIs how various services, including mobile and satellite services, should be incorporated in the Broadband Progress Report. Comments are due Thursday and replies on Sept. 19.
The FCC lacks Communications Act Section 706 authority to pre-empt state laws that pose obstacles to municipal broadband projects, said groups including the National Conference of State Legislatures (NCSL). USTelecom flipped the debate, arguing that the agency should use the pre-emption authority it does have to remove local governments’ barriers to private investment.
The FCC should deny petitions seeking a waiver of Connect America Fund Phase II requirements to provide proof of a current or past customer to have a census block be deemed served, said Century Link (http://bit.ly/1tQylin) and USTelecom (http://bit.ly/1wwY2db) in comments posted in docket 10-90 Tuesday. The agency previously ruled against waiving the requirement and the petitioners have not shown “special circumstances warranting deviation from the evidentiary standard,” a requirement for granting the waivers, CenturyLink said. The waivers would not be in the public interest, CenturyLink said, because “the only thing that can be definitively concluded from these waiver petitions is that these petitioners are not providing service to any consumers in these census blocks. In short, the consumers in these census blocks are already being left behind.” The petitions rehash arguments that by the FCC, USTelecom said. By seeking to have the census blocks deemed served and ineligible for CAF, the petitioners “are seeking to deny the benefits of CAF Phase II funding to rural, high cost households that incontrovertibly do not have broadband today,” USTelecom said. The petitions were filed by Allen’s TV Cable Service, Armstrong Utilities, Bright House Networks, Charter Communications, Cox Communications, Shenandoah Cable Television, Shentel Communications, Suddenlink, Vyve Broadband and WaveDivision Holdings, CenturyLink and USTelecom. There were nearly 200 challenges total against all CAF Phase II funding requests (CD Aug 21 p2).
The special access data gathering effort that the FCC last week (CD Aug 19 p2) said it would begin soon should produce a lot of data that may help resolve disputes, said industry lawyers in interviews this week, but they said commission staff have a lot of work ahead. It’s a “really extraordinary” amount of data about the prices and connections for every building across the nation, said Thomas Jones, a Willkie Farr attorney who has represented competitive carriers in urging some form of rate regulation for the service.
A lobbying frenzy surrounding the Senate Commerce Committee draft of Satellite Television Localism and Extension Act reauthorization legislation is heating up ahead of its September release and markup. Industry officials are obsessing -- even during the long August recess -- over the many possible items the STELA bill may include, notably a bipartisan proposal from committee leadership to end TV blackouts by overhauling retransmission consent rules. The proposal was circulated this month and known as Local Choice (CD Aug 13 p4; Aug 11 p12).
As the reply period ended Friday for the selection of the next Local Number Portability Administrator, a fundamental question about the recommended bidder, Telcordia, remains unresolved because of a change made in the request for proposal (RFP) process two years ago, said rival Neustar and a group of small- and medium-sized carriers.
In the final days before the end of the reply period for the selection of the Local Number Portability Administrator Friday night, Neustar is trying to hold on to the contract by arguing there could be national security risks should the FCC award it to rival Telcordia. The FCC should pause and issue another NPRM to examine how well equipped the companies are in protecting the security of the network from infiltration and in working with law enforcement, Steve Edwards, Neustar senior vice president-data solutions, told us. He noted that Telcordia’s parent company, Ericsson, is a Swedish company. “Foreign ownership increases the risks,” said Edwards, who added that it “raises the potential that software codes could be written by employees and consultants overseas.” In the interim, Neustar should continue as the LNPA, he said.