California’s net neutrality law survived an appeal by ISP associations at the 9th U.S. Circuit Court of Appeals. The panel’s Friday opinion that the FCC can’t preempt states after giving up its own broadband authority could affect ISP challenges of Vermont net neutrality and New York state affordable broadband laws, said legal experts.

California’s net neutrality law survived an appeal by ISP associations at the 9th U.S. Circuit Court of Appeals. The 9th Circuit panel agreed with the U.S. District Court in Sacramento, which last February denied a preliminary injunction against California’s 2018 law. ACA Connects, CTIA, NCTA and USTelecom last March appealed in case 21-15430.

Jenner & Block hires from Hogan Lovells Trey Hanbury as partner and co-chair, Communications, Internet and Technology Practice ... CTIA hires Amy Bender from NCTA as CTIA vice president-regulatory affairs ... Center for Democracy & Technology hires Eric Null, ex-Access Now, as director, Privacy & Data Project ... ASCAP promotes to senior vice presidents: Elizabeth Rodda, for international affairs; Matt DeFilippis, licensing; and Alex Grout, membership and business and legal affairs ... USTelecom appoints Emma Christman as senior director-media affairs and digital engagement; she joins from Glen Echo Group.

Articul8 made "millions of fraudulent and illegal telemarketing calls and robocalls" to consumers as a gateway provider, said a complaint filed in the U.S. District Court for the Middle District of North Carolina against the VoIP provider and its owner for allegedly violating the FTC's telemarketing sales rule and the state's Unfair or Deceptive Trade Practices Act. Owner Paul Talbot's company "knowingly provided assistance and support to U.S.- and foreign-based fraudsters" since "at least 2018," said the complaint filed by North Carolina Attorney General Josh Stein (D). The call traffic "shows patterns with the hallmarks of illegal and fraudulent telemarketing and robocall traffic." The complaint said Articul8 was "repeatedly informed" by the USTelecom-led industry traceback group that it was either a gateway or intermediate provider for fraudulent or illegal calls, but it continued to route such calls. “The only way telemarketers can inundate our phones with robocalls is with the complicity of gateway phone companies,” Stein said in a statement: “These phone companies turn a blind eye to illegal robocalls in order to make money on each call. It's wrong. It violates state and federal law, and I won't tolerate it." Talbot didn't comment.

OpenText hires Sandy Ono from Hewlett Packard Enterprise, also former Disney, as chief marketing officer; Michael Acedo rises to chief legal officer and corporate secretary, succeeding Gordon Davies, who becomes senior adviser to the CEO until his retirement in September; Doug Parker ascends to executive vice president-corporate development ... Podcast hosting platform Liberated Syndication announces John Gibbons from Pocket Casts, also former Amazon, as president and chief product officer.

Facebook, Amazon and other tech and communications companies had Q4 lobbying spending increases, while most industry groups' outlays remained level or decreased from the same quarter in 2020. Huawei, the Computer & Communications Industry Association, the now-defunct Internet Association (see 2112150026), and ViacomCBS had the largest percentage increases; BSA|The Software Alliance, NCTA and Broadcom had the steepest decreases. Facebook was again the biggest tech and communications spender, reporting $5.42 million, up more than 15%. Amazon spent $4.92 million, almost 4% higher. NCTA laid out $4.17 million, down 19%. CTIA's was $4.1 million, declining 11%. Comcast spent $3.49 million, dropping almost 11%. Charter and Verizon each spent $2.99 million, a 24% increase for Verizon and a 2% decrease for Charter. AT&T spent $2.94 million, more than 11% up. T-Mobile reported $2.64 million, a 10% increase. Qualcomm posted $2.49 million, a more than 33% jump. Microsoft was $2.47 million, a more than 12% rise. Google disclosed $2.21 million, a more than 4% increase. NAB spent $1.96 million, a more than 8% decrease. Apple spent $1.86 million, a 28% increase. ViacomCBS spent $1.597 million, a 79% jump. Dell had $1.25 million, 37% higher. IBM expended $1.06 million, an almost 1% increase. Huawei spent $980,000, a 48-times jump. Cox spent $840,000, a 1% boost. Disney spent $800,000, up 11%. USTelecom was $720,000, an 11% decrease. The Information Technology Industry Council spent $650,000, up 16%. IA expended $470,000 on lobbying during its final quarter, up more than 113%. Broadcom spent $410,000, down 16%. Twitter was $310,000, 16% lower. BSA spent $240,000, dropping more than 38%. The Wireless Infrastructure Association was $190,000, up more than 5%. ACA Connects spent $160,000, little changed. CCIA's $115,000 was up 475%. The Wireless ISP Association spent $72,000, level with 2020. The Telecommunications Industry Association spent $70,000, also level.

Commenters disagreed whether the voluntary wireless network resiliency cooperative framework, launched in 2016, is working and whether to codify some or all of the framework, in reply comments posted in docket 21-346 through Wednesday. Commissioners approved a network resilience NPRM 4-0 in September, amid hints regulation could follow (see 2109300069). State and public interest groups want rules, which they say would make networks more resilient.

Network and information security is a Biden administration priority, said Ruth Berry, White House National Security Council digital technology policy director. The need to secure the entire network "could not be higher" due to risks from untrustworthy equipment vendors such as Huawei and the lack of competition and diversity in the telecom supply chain, she said at a Wednesday European Telecommunications Network Operators Association/USTelecom webinar. Europe sees progress on network cybersecurity issues, and many opportunities for common rules, from the EU-U.S. Trade and Technology Council (TTC), said Thibaut Kleiner, director-policy, strategy and outreach, European Commission communications networks, content and technology directorate. Another international concern is that online platforms and apps are generating increasing network costs, noted ETNO Director General Lise Fuhr. Kleiner said the COVID-19 pandemic was a "stress test" for European networks, and it showed that the regulatory framework hasn't harmed quality or reliability. It's fair to ask who should pay for network upgrades such as 5G, he said, but the EU hasn't reached the point where it needs to intervene in the relationship between telcos and platforms. The emergence of the "splinternet" is very worrying, said Kleiner: The EU continues to support ICANN and its internet governance and infrastructure, and hopes to publish Europe's vision for the internet sector's future at month's end. USTelecom President Jonathan Spalter welcomed the U.S. government push to establish an alliance for the future of the internet, which will address data privacy, data security, cybersecurity, competition policy and other issues. The original optimistic vision of the internet "is now in flux" as shown by misinformation, internet shutdowns and use of the network by autocrats, Berry said. The alliance is expected to launch in coming weeks, she noted: It will let governments recommit to original internet principles of openness, security and more, and will enable a global conversation on how to push back against challenges. The U.S. agrees with the EU that the global community should continue to manage the internet's fundamental infrastructure, without undermining the multistakeholder approach, she said. Another "burning issue" is the semiconductor supply chain, Kleiner noted: The EU Chips Act (see 2201100033) will align with a U.S. initiative.

Some disagreement continued on an FCC Further NPRM aimed at gateway providers and curbing illegal robocalls, in replies Tuesday in docket 17-59 (see 2112130046). Gateway providers should be required to implement Stir/Shaken technology and robocall mitigation, said the National Association of Attorneys General. Extend the requirement to all providers and "enhance [the FCC’s] existing regime,” said USTelecom, which NCTA echoed. Verizon backed requiring all providers to certify a robocall mitigation plan and said the FCC shouldn't "mandate a burdensome stir/shaken obligation for intermediate providers." AGs backed a shorter implementation compliance deadline of within 30 days of Federal Register publication. The Voice on the Net Coalition backed Twilio's suggestion that providers blocking calls "should be subject to transparency and redress requirements." Impose a "know or should have known standard" on providers that may be trafficking in illegal calls, said the Electronic Privacy Information Center and National Consumer Law Center. Consider a "performance-based safe harbor" for providers that "meet or exceed a high standard of compliance," said YouMail. There are still some "misgivings about various aspects of this approach” because “we already have difficulty knowing who is an originator vs. an intermediate provider vs. a caller,” said ZipDX. Limit "any and all obligations” adopted in this proceeding to “foreign calls using U.S. numbers," said iBasis.

Senators and industry officials are eyeing a laundry list of policy matters they want Alan Davidson to prioritize once he becomes NTIA administrator. The Senate confirmed Davidson Tuesday on a bipartisan 60-31 vote, as expected (see 2201050056). The chamber voted 64-30 Monday to invoke cloture on Davidson (see 2201100058).