Telcos opposed a request to redo an FCC order further easing telecom discontinuance duties and related regulatory processes (see 1806070021). Comments were posted Friday in docket 17-84 on Public Knowledge's Aug. 8 petition for reconsideration and motion to hold the June order in abeyance due to 9th U.S. Circuit Court of Appeals litigation on a December order. PK's claims that the FCC "ignored the record" and "the Order eliminated consumer protections are unfounded, and its suggestion that the rules adopted in this Order could compromise critical federal agency missions is reckless and is equally unsupported," said USTelecom: "The Order reflects a careful balancing of the needs of consumers with the important goal of removing regulatory barriers that cause unnecessary costs or delay when carriers seek to transition from legacy services to next-generation broadband services." Verizon said PK "inaccurately describes" FCC "decisions and reasoning, and mischaracterizes the views" of NTIA, which "supports the Commission’s streamlining efforts." NTIA did note continuing concern about the impact on federal entities of some copper retirements and telecom service discontinuances (see 1807200057). PK "also seeks what it calls abeyance, but is actually a stay of the ... Order, by asking the Commission to keep its decision from becoming effective," Verizon said: "The Commission’s rules prohibit combining a motion for stay with any other requested relief," and it's "also substantively deficient." CenturyLink opposed PK's request to eliminate an "alternative options test." The test "permits a carrier to discontinue legacy voice service on a streamlined basis as part of a technology transition, after notifying affected customers, if the carrier shows that those customers will have access to at least two substitute voice services: stand-alone interconnected VoIP service from the discontinuing carrier itself and stand-alone facilities-based voice service from another provider," CenturyLink said. It knocked PK's claim that NTIA's concern "requires the Commission to reconsider" its test: "NTIA simply noted its continuing concern about the potential impact on government customers of legacy services being discontinued in remote or less populated areas and outside the scope of U.S. General Services Administration-negotiated contracts."

Some parties object to the FCC's plan to require use of a Lifeline national verifier in six states without ensuring an electronic interface for carriers and database access to determine low-income consumer eligibility. Lifeline providers and a NARUC official said the NV's lack of an application programming interface and automated access to key databases will complicate eligibility verification, increasing administrative costs, burdening consumers and undermining enrollment.

The FCC invited input on requests it revisit the broadband testing duties of Connect America Fund Phase II support recipients established in a July staff order. Oppositions will be due 15 days, replies 25 days, after Federal Register publication, said a public notice in docket 10-90 and Wednesday's Daily Digest. Petitions for reconsideration were filed jointly by USTelecom, ITTA and the Wireless ISP Association, and individually by Hughes Network Systems, Micronesian Telecommunications and ViaSat. NTCA and WTA filed applications for review appealing to the full commission (see 1809200035).

ISP groups challenged California's net neutrality law Wednesday in the same U.S. district court where DOJ filed suit Sunday (see 1809210059). Separately, they backed the U.S. solicitor general's request to the Supreme Court to vacate the 2017 ruling of the U.S. Court of Appeals for the D.C. Circuit affirming the FCC's 2015 net neutrality order (see 1808030041). That case was scheduled for justices' Oct. 26 conference (in Daniel Berninger v. FCC, No. 17-498).

Telco groups urged the FCC to approve their plan to raise the rural carrier USF budget to at least $2.4 billion for 2018, plus $200 million already committed to the current Alternative Connect America Model Program, said a letter Monday in docket 10-90 from ITTA, NTCA, USTelecom and WTA. "A portion of the budget should be provided to current A-CAM plan participants to enable them to receive support at the level initially offered to them in 2016 (i.e. $200/month per location)." They also proposed an "inflation factor," "baseline funding" that eliminates the need for a support "floor," and no new model-based offers until the existing mechanisms are "sufficiently funded." It's a "collaborative approach to building consensus around a set of shared proposals that, if adopted, will establish predictable USF funding," said Lynn Follansbee, USTelecom vice president-law and policy. "We hope the Commission moves quickly toward finalizing reforms.” Pai said Monday he plans a draft order on model-based RLEC business data services for the Oct. 23 commissioners' meeting (see 1810010027).

DOJ likely will convince the courts to throw out California's new net neutrality law, analysts told us Monday. Attorney General Jeff Sessions and other supporters of the FCC's recent broadband regulation rollback voiced confidence in DOJ's lawsuit, filed in federal court as SB-822 was signed by California Gov. Jerry Brown (D) Sunday. FCC Chairman Ajit Pai, Commissioner Mike O'Rielly and their supporters welcomed the suit, while Commissioner Jessica Rosenworcel and net neutrality advocates criticized it, and industry rivals called for congressional legislation.

California net neutrality bill watchers continued to wait for Gov. Jerry Brown (D) to sign or veto SB-822 ahead of a midnight Sunday deadline. With anticipation running high for a lawsuit if California enacts the measure, FCC Republicans continue to signal they view it as pre-empted by their net neutrality deregulation.

Parties urged new FCC actions to combat unwanted robocalls, differing on specifics. Telecom providers seek more call-blocking authority with regulatory flexibility; consumer groups recommend a more prescriptive approach; and telemarketers want fine-tuning to better target illegal calls and reduce "false positives" blocking legal calls. Comments were posted through Tuesday on a public notice to update the record in docket 17-59, after a November order authorized voice providers to block calls deemed highly likely to be illegal: from phone numbers on a "Do-Not-Originate" list and "those that purport to be from invalid, unallocated, or unused numbers."

The U.S. is in the race to lead the world on 5G, but he’s not predicting victory, NTIA Administrator David Redl said in a taping of C-SPAN's The Communicators. “We have competition,” he said. “China and South Korea are absolutely trying their best to be first.” Redl declined to comment on a White House 5G plan, saying he won’t get out in front of President Donald Trump. NTIA earlier Tuesday released a request for comments on privacy principles (see 1809250049).

TPx Communications pressed the FCC to deny USTelecom's forbearance petition for ILEC relief from wholesale network sharing duties under the Communications Act. "TPx explained the continued importance of unbundled network elements ('UNEs') and resale to competitive markets and the adverse impact forbearance from Section 251(c) obligations would have on its customers," said a filing by U.S. TelePacific, Mpower Communications and Arrival Communications (all "TPx") posted Friday in docket 18-141 on meetings with aides to Chairman Ajit Pai and Commissioners Brendan Carr and Jessica Rosenworcel. They also met an aide to Commissioner Mike O'Rielly (here) and Wireline Bureau staff (here). "TPx has made substantial investments in collocations and equipment to provide broadband, voice, plain old telephone service ('POTS') and bundled services to its customers using UNEs," it said. The Computer & Communications Industry Association voiced concern "that, pursuant to [a Further] NPRM on modernizing the Commission’s Form 477 data collection ... the Commission would eliminate its ability to assess the level of competition in the marketplace for Business Data Services," said a filing in docket 11-10 on meetings with aides to Rosenworcel and Carr. "If the Commission were to 'eliminate the separate reporting of available contractual or guaranteed data throughput rates for business/enterprise/government services', it could no longer assess whether competition has developed under its new scheme, and, at worst, it would have to conduct another data collection like the massive undertaking that precipitated the Tariff Investigation Order and FNPRM."