Pursue granularity and accuracy of broadband mapping data so consumers aren't trapped in broadband deserts when government funding is unavailable in areas deemed served, NTCA replied on FCC digital opportunity data collection (see 1909240005). Commenters differed on a latency-reporting obligation and most opposed collecting prices. DODC replies posted through Tuesday in docket 19-195.

American Electric Power and other energy companies call the new FCC pole attachment rules unnecessarily restrictive in their ability to request basic information needed "to conduct any meaningful review of potential capacity, safety, reliability or engineering issues" raised by overlashing proposals from telecom providers seeking access to poles, they filed Friday (in Pacer) for American Electric Power v. FCC in docket 18-72689 at the 9th Circuit Court of Appeals. The utilities oppose a prohibition against charging a fee to evaluate a proposed overlash. Verizon and USTelecom are respondents with the FCC (see 1908300036).

Industry and consumer group officials continued hoping Monday that lawmakers will reach a bipartisan compromise on net neutrality legislation, after the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC last week upheld parts of the FCC 2018 order rolling back 2015 reclassification of broadband as a Communications Act Title II (see 1910010018). They didn't stray during a Congressional Internet Caucus Academy event from their longstanding belief that a final statute either should or shouldn't have a basis in Title II and mirror the rescinded 2015 net neutrality rules (see 1910010044).

FCC Commissioner Mike O'Rielly renewed calls to prohibit E-rate funds to schools and libraries that receive broadband service from one provider when another has already received USF dollars at the same location. "It's awful enough when the government subsidizes network builds in areas where the private sector can or does provide service, but it's a separate layer of hell when E-rate money goes to an area already being subsidized by the FCC," O'Rielly told an FCBA USF seminar. O'Rielly has corresponded with school superintendents and consortium leaders in Texas and Arizona about their plans to build self-provisioned wide-area networks that would overbuild a local incumbent's fiber facilities. "I have never been presented with credible evidence that E-Rate funded overbuilding has been anything other than wasteful for the USF," he said, citing "copious evidence of bidding matrices designed to favor a particular outcome and schools buying far more bandwidth than they use or need."

FCC allies in Tuesday's federal court decision on the Communications Act Title II rollback order (see 1910010018) consider appeal unlikely. Petitioner allies are less sure. California and Vermont’s litigated net neutrality laws remain on hold, those states’ attorneys generals confirmed Wednesday.

USTelecom said ISP standoffs with Vermont and California will continue, even as those and other states seeking to enforce net neutrality rules repealed by the FCC said they're heartened by a Tuesday decision by the U.S. Court of Appeals for the D.C. Circuit. The court largely upheld the FCC’s 2018 order but ruled that the federal agency couldn’t pre-empt states (see 1910010018). The ruling also put the spotlight back on Congress’ net neutrality debate, gridlocked for months. Legislative leaders didn’t stray Tuesday from their existing positions. Some see that as a sign there’s unlikely to be much progress before the presidential election.

Parties on both sides declared some victory from the U.S. Court of Appeals for the D.C. Circuit's decision Tuesday on appeals of the FCC 2018 Communications Act Title II broadband service regulation rollback. Backers of the order cheered most of the decision, while critics pointed to the court rejecting pre-emption of state and local regulations. There was partial dissent from Judge Stephen Williams and concurring opinions from Patricia Millett and Robert Wilkins. See our bulletins: 1910010016 and 1910010013.

USTelecom sought clarity on a series of changes to Lifeline in meetings with Deputy Bureau Chief Trent Harkrader and others in the FCC Wireline Bureau and separately with aides to Chairman Ajit Pai Monday, said a filing posted Thursday in docket 17-287. An industry petition urges delaying implementation of higher minimum service standards set for Dec. 1 or grandfathering current minimum broadband service standards (see 1909130020). "To the extent the Commission is considering postponing the implementation date, USTelecom emphasized the importance of knowing this as soon as possible to prevent customer confusion and avoid administrative difficulties with carriers' IT systems," USTelecom said. An FCC spokesperson said Friday the petition is under review. Representatives from member companies AT&T, CenturyLink, Consolidated, Frontier, Verizon and Windstream participated.

USTelecom with CEOs urged FCC Chairman Ajit Pai to consider transitions for rural areas where incumbent price-cap carriers lose USF support because they either don't participate in upcoming Rural Digital Opportunity Fund (RDOF) auctions or another bidder wins, said a filing posted Friday in docket 19-126: "Rules applicable only to ILECs due to their historical regulatory classification must be relieved in any areas subject to competition." If a winning bidder can't offer telecom service immediately, USTelecom said, new rules should address how an ILEC will receive transitional support from USF if it's required to continue providing service: "Where a new provider receives RDOF support, the ILEC should be relieved of any obligations to continue serving the area." USTelecom still wants a national broadband serviceable location fabric as part of digital opportunity data collections proceeding "as quickly as possible" so it can inform phase one of RDOF. If the agency uses only current Form 477 data "without reference to additional and more granular data provided by the fabric, the commission must address up front the fact that the auction will be based on inherently flawed location counts and bidders should be held harmless," the group said. Association CEO Jonathan Spalter and counterparts from Consolidated Communications, Bob Udell; Tony Thomas of Windstream; Frontier Communications' Dan McCarthy and others also met with each commissioner. Also in Washington last week, Udell spoke with us about RDOF (see 1909230030).

Groups differ over how much broadband deployment data the FCC should collect from providers, in what form, and how others should be able to challenge its accuracy. Comments posted through Tuesday on docket 19-195 weighed in on the agency's plans to update its Form 477 broadband mapping reporting requirements (see 1908210008). Parties mostly agree more granular information is needed to ensure USF dollars are allocated properly in upcoming Rural Digital Opportunity Fund auctions (see 1906280059), but some say holding out for detailed location fabrics that attempt to pinpoint every serviceable structure in the nation could slow the program.