Revisions to the FCC rules on pro forma assignments and transfers of control should start with a declaratory ruling clarifying existing requirements, and an NPRM on proposals to streamline post-closing procedures to pro forma transactions, the Satellite Industry Association said Tuesday in docket 20-186. "As CTIA and USTelecom have correctly noted, the FCC has ample authority to proceed." SIA said the declaratory ruling would clear up uncertainty about such items as whether non-substantial changes in ownership constitute an assignment or transfer of control that necessitates filings and if pro forma filings are required only if a license is assigned or if a transfer of control affects the licensee's parent.
ISPs’ lawsuit against New York’s broadband affordability law raises similar preemption issues to cases industry lost in other venues, but law experts disagreed in interviews which side would win. Plaintiffs at U.S. District Court for Eastern New York (case 21-cv-2389) make the same arguments that failed in Maine ISP privacy and California net neutrality cases, which are “structurally almost identical” to the New York case, argued Stanford Law School professor Barbara van Schewick. Former FCC General Counsel Thomas Johnson countered that 2nd U.S. Circuit Court of Appeals case law gives ISP plaintiffs an “additional arrow in their quiver.”
USTelecom disputed Free Press' Thursday claim that its Wednesday report on broadband pricing is misleading (see 2105270079). “The facts, data and methodology in the report are incontrovertible," emailed a spokesperson Friday: "Americans are paying less in 2021 for broadband service than in 2020. This continues a years-long story of declining prices" and "accelerating speeds."
USTelecom's Wednesday report on broadband prices is "flawed and misleading," said Free Press Thursday (see 2105260063). It "grossly manipulates FCC data on standalone non-promotional advertised rates," said Research Director Derek Turner. USTelecom didn't comment.
The price of the most popular tier of broadband service declined 7.5% in 2021 vs. 2020, according to the FCC’s 2021 Urban Rate Survey, USTelecom said Wednesday. The report by Telcodata's Arthur Menko said the consumer choice broadband price index of the most popular tiers dropped 34% since 2015 and when adjusted for inflation.
CTIA and USTelecom said the FCC can issue a declaratory ruling clarifying pro forma procedures, in a filing posted Thursday in docket 20-186 after discussions with staff. The Communications Act, Administrative Procedure Act and commission precedent support this, clarifying issues involving the filings and starting a rulemaking "to apply post-closing notification procedures to all pro forma transactions no matter the license type,” they said. The groups sought the change in June (see 2006050039).
Oppositions are due June 4, replies June 14 on USTelecom's petition for reconsideration in docket 17-59 asking the FCC to clarify a notification requirement, said Thursday's Federal Register. USTelecom asked to "confirm that the notification and blocked call list requirements are only required for analytics-based blocking, whether opt-in or opt-out, and not for contexts in which there would not be any reasonable expectation for them."
Connectivity difficulties for households trying to apply online during the initial FCC emergency broadband benefit rollout could discourage people from returning to the website to try again, some working to encourage EBB enrollment said in interviews. Users reported initial delays (see 2105130063). The FCC posted an alert May 13, the day after the program began, warning online applicants they could have had connectivity issues in applying online. The alert cited high demand. The Universal Service Administrative Co. posted the same.
A Further NPRM proposing to tighten secure telephone identity revisited and signature-based handling of asserted information using tokens rules is expected to be approved 4-0 by commissioners Thursday. Commissioner aides got little public feedback after the Stir/Shaken item circulated. The consensus is smaller providers likely pose a robocall problem and the FCC should investigate, agency officials said. A few changes, none major, are expected.
ATIS hires Glenn Reynolds from iconectiv as vice president-technology policy and government relations ... VMware directors promote Raghu Raghuram to CEO and board member, effective June 1; Sumit Dhawan becomes president; Chief Operating Officer-Customer Operations Sanjay Poonen decides to leave the company; Zane Rowe has been interim CEO and continues as chief financial officer ... MediaKind taps Hulu/Disney’s Mark Ramberg as group vice president-products and Jeff Sherwin from Comcast as executive vice president-technology strategy and operations, both newly created roles.