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 The directive encourages the FCC to at least bring back rescinded 2015 net neutrality rules and act against some other communications sector practices.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.

A federal judge chided a Florida counsel at virtual oral argument Monday on the state’s law regulating social media regulation, asking “if you've ever dealt with a statute that was more poorly drafted.” U.S. District Court in Tallahassee Judge Robert Hinkle had a laundry list of questions for the state counsel. He plans to rule Wednesday on a preliminary injunction against the law that would otherwise take effect Thursday (see 2106250028).

USTelecom asked the FCC to reject Schools, Health & Libraries Broadband Coalition’s request for clarification of Emergency Connectivity Fund rules, said a letter posted Wednesday in docket 21-93. SHLB asked for clarification whether applicants can receive funding to deploy their own networks if existing services aren’t available at a reasonable price. SHLB’s request is “clearly contrary” to the ECF allowing limited exception for new infrastructure deployment if no commercially available services are in an area, USTelecom said: “The request circumvents both the policies underlying the creation of the ECF as well as the commission’s procedural requirements in requesting reconsideration of a commission order.” SHLB Executive Director John Windhausen said he was "a bit flabbergasted" by USTelecom's filing. "If these decisions are just going to be made on a case-by-case basis without further guidance, as USTelecom apparently prefers, then many applications run the risk of being denied because of uncertainties in the rules and policies, which would not be good government," Windhausen said: "We would hope USTelecom would join with SHLB in helping this program succeed rather than blocking this clarification request.”

USTelecom backs Comcast’s petition for a waiver of E-rate’s gift rule for its Lift Zone initiative if the FCC adjusts its rules or provides guidance that “permits all service providers to benefit from the ability to provide free service” (see 2105210055). Comcast’s request is “based on a set of facts that applies to all service providers seeking to aid communities by providing free service,” USTelecom said in comments posted Tuesday in docket 02-6, and is “evidence of the need for reform or clarification of the gift rules that affect all service providers.” There should also be “appropriate safeguards,” such as making the free service "completely separate from the provision of other E-rate services," the group said.