The FCC and DOJ disputed a court challenge to a 2017 wireline streamlining order intended to speed transition from copper networks to fiber and other systems, arguing it should be dismissed without merits consideration. Consumer group "petitioners fail to carry their burden to demonstrate" legal standing, the government responded Friday to the 9th U.S. Circuit Court of Appeals in Greenlining Institute v. FCC, No. 17-73283. "Claim of 'associational' standing -- supported by only a single, unsubstantiated sentence in their brief -- is insufficient. They also fail to identify any individual member who could show the required elements of standing." Even if standing is established, petitioner "claims uniformly fail," said the agencies, citing commission decisions as "procedurally proper" and "reasonable," including repeal of a de facto copper retirement rule. Intervenor USTelecom backed rollback of "regulations that both were unlawful and unjustifiably slowed the evolution" of communications networks. The commission "fully notified the public of its concerns," triggering "extensive comments, including from Petitioners" and "eliminated rules the agency found had become 'unnecessary impediments to modern transformations in network hardware and technology," argued (in Pacer) the group, also disputing petitioners' standing. Greenlining and other consumer groups argued the FCC arbitrarily and abruptly scrapped telco consumer safeguards (see 1809270036).

Rural telco groups endorsed a draft FCC order to offer increased USF support to rate-of-return carriers in exchange for more 25/3 Mbps broadband deployment, tentatively set for a Dec. 12 vote (see 1811210032). The draft "would take substantial steps toward fulfillment of statutory mandates with respect to predictability and sufficiency, promote the effectiveness of existing USF support mechanisms," promote network investment, and ensure service availability "on a reasonably comparable basis between rural and urban areas," filed NTCA, on meetings with aides to all commissioners and with Wireline Bureau staffers (here and here), posted through Friday in docket 10-90. Meeting aides to Chairman Ajit Pai and Mike O'Rielly, ITTA backed "increased funding for A-CAM [Alternative Connect America Cost Model] carriers and attendant commitments to buildout at additional locations at speeds of 25/3 Mbps; ensuring sufficient and predictable support for legacy rate-of-return carriers; a new model offer for legacy carriers; and separate budgets for the model-based and legacy programs." Nebraska A-CAM Companies support "adoption of a voluntary offer of additional funding up to $200/month per location for existing A-CAM recipients, with modified deployment obligations, as set forth in the draft order," filed consultant Carol Mattey, on meetings with O'Rielly and aides to all commissioners (here and here). They backed "extending a new offer of A-CAM support to all companies not currently receiving A-CAM support and would not limit such an offer to those companies that would receive less support under the model than their current support." USTelecom discussed with O'Rielly aides how the draft compared with proposals submitted by associations and "addressed the potential impacts of a second ACAM offer and the lack of a challenge process in determining overlap."

Securing against botnets requires collective action from government, internet and communications stakeholders, industry officials said Thursday, releasing a report. The Council to Secure the Digital Economy cybersecurity coalition between tech and communications groups warns against “prescriptive, compliance-focused regulatory requirements.” Government’s role isn't regulation that stymies response to threats, Information Technology Industry Council CEO Dean Garfield said during a panel. The goal should be to cut back 90-95 percent of threats because no amount of collaboration will be able to eradicate all threats, CTA CEO Gary Shapiro said. There’s no higher cause than addressing threats to the digital economy, USTelecom CEO Jonathan Spalter argued, saying the cyber group plans to release an annual report: “This isn’t one and done.” Threats are increasing as the value of the tech sector grows, Garfield said. Shapiro called it a multi-factorial problem with multi-factorial solutions. Botnets can turn “everyday products into an army of devices capable of transmitting torrents of Internet traffic capable of knocking targeted networks offline,” Deputy Attorney General Rod Rosenstein said during a separate appearance Thursday. He encouraged the private sector to continue searching for “constructive solutions." The Commerce and Homeland Security departments released a road map highlighting focus areas for government and the private sector: the IoT, enterprise, internet infrastructure, technology development and awareness/education.

The FCC would give rural telcos monthly model-based USF support of $200 per location if they adopt new commitments to build out 25/3 Mbps broadband, under a draft order issued Wednesday. It would also seek to firm up support for rate-of-return (RoR) carriers still on legacy support in exchange for increased 25/3 Mbps deployment. The tentative agenda issued for the Dec. 12 commissioners' meeting also includes draft items on a new high-band 5G spectrum auction, a communications market report, a quadrennial review, media modernization, a robocall-related reassigned number database (here) and wireless messaging classification (here), as announced Tuesday by Chairman Ajit Pai (see 1811200048).

Parties disagreed on the FY 2019 National Defense Authorization Act's fallout for an FCC's rulemaking to protect the communications supply chain from national security threats. The Telecommunications Industry Association said NDAA Section 889 requires the commission to bar certain suppliers from participating in its funding programs. Huawei -- one of the targeted suppliers -- and others said the recently enacted provisions give the FCC no mandate to impose supplier restrictions on USF support. NCTA suggested the commission defer action and consult with other agencies. Comments were posted through Monday on a public notice (see 1810260044).

Senate Commerce Committee Chairman John Thune, R-S.D., and Sen. Ed Markey, D-Mass., led filing Friday of the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (S-3655) to combat illegal robocall scams. Senate Communications Subcommittee Chairman Roger Wicker, R-Miss., is a co-sponsor. S-3655 would increase FCC authority, allowing the agency to levy civil penalties of up to $10,000 per call when the caller intentionally flouts the Telephone Consumer Protection Act. The bill extends to three years the window for civil enforcement. The agency also would be required to begin a rulemaking to help protect subscribers from receiving unwanted calls or texts from callers using unauthenticated numbers. S-3655 would require carriers adopt call authentication technologies that allow them to verify an incoming call is legitimate. “Existing civil penalty rules were designed to impose penalties on lawful telemarketers who make mistakes,” Thune said. “We need do more to separate enforcement of carelessness and other mistakes from more sinister actors.” S-3655 “emphasizes the importance of reintroducing trust to the caller ID framework, while strengthening the ability of industry traceback efforts, including those led by USTelecom’s Industry Traceback Group,” said USTelecom Vice President-Law and Policy Kevin Rupy. Consumer Reports, Consumer Federation of America and the National Consumer Law Center backed the bill.

Department of Homeland Security Secretary Kirstjen Nielsen repeatedly cited the need for “relentless resilience” Friday, lauding launch of the Cybersecurity and Infrastructure Security Agency. President Donald Trump signed legislation Friday restructuring the National Protection and Programs Directorate into CISA, a new DHS agency.

The National Multifamily Housing Council lobbied FCC leadership, calling the apartment industry "very competitive," with "owners keenly aware" of the need to provide modern communications services for residents. "This debate is really about whether the commission should help a handful of potential competitors carve up the high end of the market," said NMHC on meetings with Chairman Ajit Pai, Brendan Carr, Jessica Rosenworcel and aides, posted Tuesday in docket 17-91 (here, here and here). "Providers control the market. There is a lack of competition in the market today, but it is in the smaller, less lucrative buildings that competitive providers choose not to serve." NMHC backed a petition to pre-empt a San Francisco code that requires multi-tenant buildings let occupants request access to competing providers (see 1612150006). It opposed further FCC steps toward regulation from a multiple tenant environment inquiry (see 1706220036) and Article 8 of the Broadband Deployment Advisory Committee's proposed Model State Act (see 1807270020), which it said "would force the rental apartment industry to subsidize" broadband deployment. In a USTelecom forbearance proceeding, Incompas pressed the FCC to keep discounted wholesale unbundled network elements, which it said facilitate fiber networks that assist 5G. An enhanced satellite image of San Francisco showing fiber deployments by Zayo in business districts and Sonic Telecom in residential areas -- with Sonic crediting UNEs "as a stepping stone" -- illustrates the potential for competitive "fiber rich networks for fronthauling of small cells in residential areas," wrote Incompas on meeting a Pai aide, in docket 18-141.

Broadband interests opposed requests of electric utilities and others to revisit an FCC August decision aimed at streamlining pole attachments and removing state and local barriers to broadband deployment, including moratoriums (see 1808020034). Telco, cable and fiber parties filed against a Coalition for Concerned Utilities (CCU) petition to reconsider pole-attachment rate and process changes in the order. Some also objected to the recon petitions of the Smart Communities and Special Districts Coalition (here), County Road Association of Michigan (here) and New York City (here) targeting a pre-emption declaratory ruling (the latter also targeted part of the pole order). Oppositions were posted through Tuesday in docket 17-84.

The 8th U.S. Circuit Court of Appeals stayed the mandate of a panel's partial reversal of an FCC order that largely deregulated business data service rates of price-cap incumbent telcos. An FCC motion to stay the mandate is granted until Nov. 12, 2019, said a court order (in Pacer) in Citizens Telecommunications v. FCC, No. 17-2296. The FCC argued the stay would avoid BDS market disruption while it considers the procedural reversal and remand of TDM interoffice transport pricing deregulation (see 1810100054), which it proposed to reinstate in a recent Further NPRM (see 1810230032). Incompas and Sprint opposed the motion while USTelecom, AT&T and CenturyLink backed it (see 1810220035).