New York will continue defending its broadband affordability law, with a pact between the state attorney general and ISP plaintiffs a procedural step on the way to appeal, said an AG office spokesperson Friday. New York reserved appeal rights while agreeing not to enforce its law, in the agreement with ISP associations including the New York State Telecommunications Association (NYSTA), USTelecom and CTIA. See our bulletin. “The parties have conferred and agree that the Court’s holdings on preemption” in its June 11 preliminary injunction order “resolve the substantive legal issues in this matter and render the entry of final judgment appropriate,” said the stipulated final judgment (in Pacer). New York reserves the right to appeal the stipulated final judgment, declaration and permanent injunction, it said. “Defendant expressly reserves all appellate rights in this matter.” Assistant AG Patricia Hingerton asked (in Pacer) Judge Denis Hurley to order the proposed stipulation be filed by the parties Friday in case 2:21-cv-02389 at U.S. District Court in Central Islip, New York. Hurley ruled last month that ISPs would likely succeed on conflict and field preemption arguments, and granted the motion for preliminary injunction by NYSTA, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association (see 2106110064). New York appealed June 30 to the 2nd U.S. Circuit Court of Appeals (see 2106300071). “It looks like the parties agreed to take steps to move the appeals process forward,” emailed New York Public Utility Law Project Executive Director Richard Berkley. “This case would never have ended after a decision by the trial court; it was always going to be appealed. So this would save the time of having to fight it out in the lower court, then start moving it up the appeals courts' ladder.” ISP groups declined to comment.

New York wouldn't enforce its cheap-broadband law as part of a settlement with ISP associations including the New York State Telecommunications Association, USTelecom and CTIA.

Amazon again supplanted Facebook in Q2 as top lobbying spender in tech and telecom, with NCTA and Comcast rounding out the top four. Huawei, Twitter, the Information Technology Industry Council and Telecommunications Industry Association had the sectors' largest percentage increases compared with the same period last year. Broadcom, BSA|The Software Alliance and the Computer and Communications Industry Association had large decreases. Amazon spent $4.86 million in Q2, up almost 11%. Facebook paid $4.77 million, down 1%. NCTA disbursed $3.26 million, down more than 10%. Comcast spent $3.25 million, down almost 11%. AT&T spent just over $3 million, down more than 10%. Verizon expended $2.76 million, up almost 9%. Charter Communications was little changed at $2.57 million, and CTIA at $2.5 million was also flat. Microsoft spent $2.47 million, a 15% decrease. T-Mobile spent $2.4 million, down 8%. NAB fell 5% to $2.18 million. Qualcomm gained 8% to $2.13 million. Google reported $2 million, a more than 23% increase. Apple had $1.64 million, an almost 11% increase. ViacomCBS paid $1.6 million, up 39%. Dell's $1.12 million was a 23% increase. Huawei spent just over $1 million, a 523% increase. IBM was $980,000, down more than 5%. Disney spent $830,000, down more than 6%. Cox's $810,000 was down almost 13%. Twitter spent $660,000, a 69% increase. ITI spent $600,000, rising 43%. USTelecom was relatively unchanged at $570,000. Lumen had $520,000, an almost 9% increase. The Internet Association disclosed $390,000, up more than 14%. Broadcom posted $360,000, down 40%. BSA was $290,000, down almost 31%. ACA Connects was level at $160,000. NTCA also spent $160,000, an 11% decrease. ICANN spent $85,000, similar to Q2 2020. TIA spent $70,000, a 40% increase. CCIA's $30,000 was down 25%.

Stakeholders divided in comments Friday on a Treasury Department-proposed final rule allowing only broadband projects in areas without 25/3 Mbps to be eligible for the $350 billion in state and local funding from the American Rescue Plan Act (see 2105100060).

NARUC won’t remove from a draft resolution on the emergency broadband benefit a clause asking Congress to phase bypassing the state eligible telecom carrier (ETC) designation process, said measure sponsor Crystal Rhoades on Friday. NCTA unsuccessfully asked to remove that clause Thursday at a NARUC Telecom Subcommittee meeting (see 2107150056). The EBB resolution and two other drafts are up for vote at NARUC’s Telecom Committee meeting Tuesday in Denver.

Details revealed Thursday of what FCC members are to vote on Aug. 5 showed some impermissible telecom relay service-related fees would be OK, outlined how new innovation zones would work and showed how political advertising thresholds would change. Commissioners will consider modifying the compensation methodology for IP relay service providers to use “only projected costs and demand” to calculate base level compensation, said a fact sheet. The current compensation period, which follows a cost-based base level of per-minute compensation, ends June 30. The draft NPRM would rescind prohibition on outreach cost recovery because there's one IP relay provider, and would modify rules allowing recovery for indirect overhead.

No broadband-related actions President Joe Biden asked the FCC to take in his Friday executive order on competition can easily proceed until there are additional commissioners to secure a Democratic majority, EO supporters and opponents told us. The directive encourages the FCC to at least bring back rescinded 2015 net neutrality rules and act against some other communications sector practices. Congressional Democrats have become increasingly frustrated by Biden’s slow nominations process (see 2106160056). (For the EO's tech provisions, see 2107090060.)

USTelecom backs the Competitive Carriers Association and Nokia's request to proactively grant six-month extension for providers to “complete remove and replace initiatives,” it said in conversations with aides to FCC acting Chairwoman Jessica Rosenworcel and other commissioners’ staff, per a filing posted Thursday in docket 18-89 (see 2107070052). USTelecom said a scarcity in communications equipment and resin supply chain delays could slow the process for providers.

President Joe Biden to nominate House Commerce Committee Chief Counsel-Communications and Consumer Protection Alexander Hoehn-Saric for chair, Consumer Product Safety Commission ... Ballard Spahr hires litigator Tracy Rane, ex-Kasowitz Benson, as of counsel; she works on copyright and trademark infringement, right of privacy, and other matters and has media and entertainment clients ... At ViacomCBS, Johnny Green advances to president-general manager, CBS News and Television Stations’ local businesses in the New York market, including WCBS-TV New York, WLNY-TV Riverhead, CBSN New York and CBSNewYork.com.

USTelecom asked the FCC Wireline Bureau and staff to acting Chairwoman Jessica Rosenworcel to dismiss Edison Electric Institute's petition for the commission to “reduce its authority” on awarding refunds in pole attachment complaint proceedings, said an ex parte letter posted Friday in docket 17-84 (see 2106110050). USTelecom said EEI’s claim that its petition was unopposed was because the commission hasn't sought comment. “The petition is, and will be, opposed,” USTelecom said. It “does not meet the legal requirements for a declaratory ruling because there is no controversy, uncertainty, or lack of guidance under the commission’s existing rules” and is “inappropriately attempting to seek reconsideration of commission precedent that correctly rejected a notice requirement and a one-size-fits-all statute of limitations for pole attachment complaints,” the letter said.