House Communications Subcommittee members filed two bills Friday aimed at improving federal agencies' collection of U.S. broadband coverage data, before a planned Wednesday hearing on that issue (see 1909040080). Rep. Dave Loebsack, D-Iowa, and House Communications ranking member Bob Latta, R-Ohio, led filing of a House version of the Broadband Deployment Accuracy and Technological Availability (Data) Act (HR-4229), as expected (see 1907230048). The legislation is largely similar to the Senate version (S-1822), though it may not yet include amendments added to that bill during a July Senate Commerce Committee markup (see 1907240061), a communications sector lobbyist told us. HR-4229/S-1822 would require the FCC to collect more “granular” broadband coverage data and create a “user-friendly challenge process." HR-4229 is expected to be the main focus of House Communications' Wednesday hearing, lobbyists told us. Reps. Donald McEachin, D-Va., and Billy Long, R-Mo., led filing of the Mapping Accuracy Promotes Services Act (HR 4227). The bill would explicitly outlaw knowingly providing inaccurate coverage data to the FCC. "Rural communities ... often struggle with having access to fast, reliable broadband," Latta said in a news release. "With this legislation, we’ll be better able to pinpoint areas that are lacking coverage, and help ensure that unserved and underserved communities have better broadband availability." The bills' filing was praised by the Competitive Carriers Association, NTCA and USTelecom.

The FCC should give ISPs a better way to update broadband mapping data in their form 477 filings to the high-cost universal broadband portal (HUBB) once providers have more accurate information on locations served, USTelecom filed, posted Thursday in docket 19-195. It wants the FCC to decide what qualifies as a modification rather than a deletion when geocodes are found to be more than a certain distance from the structure served. Inaccurate geocoding software is outside carriers' control, USTelecom argued, and while members want to update geocoordinates in the HUBB, they also want the FCC to recognize that such geocoding updates don't indicate lack of deployment.

The 9th U.S. Circuit Court of Appeals should uphold a 2018 FCC order "to ensure that just and reasonable rates, terms, and conditions apply when communications providers attach to utility poles," said Verizon and USTelecom. Electric utility challengers seek to reverse the "sensible and well-supported presumption that comparable communications providers should pay the same pole attachment rates," the entities filed (in Pacer) Thursday in case 19-70490. Utilities seek to undo the decision "to speed and streamline portions of the process for attaching to utility poles in order to facilitate broadband deployment," they added: It was "reasonable exercise" of authority under Communications Act Section 224. The FCC "faced consistent, intense resistance from" utilities that own many of the poles trying to keep high attachment rates, especially on telcos, the two respondents-intervenors said. Rules exceed authority and violated the Administrative Procedure Act, say American Electric Power, Duke, Xcel and other utilities (in Pacer). Lawyers on their side didn't comment Friday.

The 9th U.S. Circuit Court of Appeals let challengers to FCC telecom discontinuance rules "supplement their argument that The Utility Reform Network ('TURN') has standing" in the case, by Sept. 6. "The panel will not consider any supplemental submission regarding the standing of any of the other petitioning organizations," said an order (in Pacer) Wednesday from the three judges who heard oral argument the previous day (see 1908270026). The jurists limited the supplement to 10 pages, in Greenlining Institute v. FCC. TURN was another petitioner in the case, 17-73283. TURN declined to comment, as did the FCC. Public Knowledge is "pleased that the court has provided us with the opportunity to resolve any lingering issues over standing," emailed Senior Vice President Harold Feld, who argued for petitioners in Seattle. USTelecom, which also got time at oral argument, didn't comment.

SEATTLE -- 9th U.S. Circuit Court of Appeals judges questioned whether groups petitioning to repeal parts of a 2017 declaratory ruling on whether and how to notify customers when carriers retire copper networks had demonstrated sufficient injury to merit standing, during oral argument Tuesday in Greenlining v. FCC (17-73283). The FCC and the DOJ asked the court in November to dismiss the petition for lack of jurisdiction or on its merits. Judge Margaret McKeown said a court of appeals "shouldn't have to hunt and peck" for clear evidence of standing and jurisdiction. "This is a threshold issue in every case."

The estimated cost of a completely open source location data fabric for use in broadband mapping would be twice that of using a mix of proprietary and open source data, CostQuest CEO Jim Stegeman told FCC officials with representatives of USTelecom, ITTA and the Wireless ISP Association, presenting findings of the group's broadband mapping initiative proof of concept from Missouri and Virginia (see 1908200055). Stegeman said a nationwide proprietary data fabric "creates a superior product at a lower estimated cost" of $8.5 million to $11 million, but the public wouldn't be able to download some of the data in its entirety because it's proprietary. An open source data fabric would be double the cost, Stegeman said, because it would require visual verification of more of the location data for the same accuracy. The FCC's primary request was to clarify how a location is defined and how locations would be assigned the categories "residential" and "business," USTelecom said, posted Friday in docket 19-195. Meetings included Commissioner Mike O'Rielly, aides to the other members other than Jessica Rosenworcel, and Chief Kris Montieth and other Wireline Bureau staff. Industry reps included ITTA CEO Genny Morelli.

Consumer groups are heading to the 9th U.S. Circuit Court of Appeals Tuesday in Seattle to challenge a 2017 FCC order that relaxed regulations on how telcos retire copper phone lines and how they notify customers (see 1906170005). Appellants said in recent interviews they like their odds, while the government and its allies in the case weren't talking. Last September, The Greenlining Institute, Public Knowledge, The Utility Reform Network and National Association of State Utility Consumer Advocates petitioned the 9th Circuit to challenge the order, claiming the agency hid intentions during a comment period and predetermined the outcome in striking down the functional test standard in service discontinuances (see 1809270036). The California Public Utilities Commission later added its support to the petition (see 1810040059).

All state-level attorneys general and a dozen major telecom companies announced an agreement Thursday to improve their ability to combat illegal robocalls, saying action was needed as they wait for Capitol Hill to negotiate a compromise bill. The FCC earlier this month updated anti-spoofing rules 5-0 (see 1908010062) as part of implementation of anti-robocalls language in the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act. Further FCC action on the issue may take time (see 1908220053).

FCC use of census block and Form 477 data designating which households are served "misses many unserved tribal homes in its calculation of broadband support needed," said Sacred Wind Communications, posted Wednesday in docket 10-90. "A major part of the undercounting of tribal homes is the failure to recognize certain structures as domiciles, inhabitable by Western standards." Tuesday, a participant in a USTelecom location fabric broadband mapping pilot recommended the FCC better define serviceable locations for broadband mapping (see 1908200055). Sacred Wind identified all structures within a service area eligible for alternative Connect America cost model (A-CAM) support "and found that the FCC undercounted the locations in those census blocks by over 4,000 locations." It said undercounting those homes would have meant "a loss of nearly $4 million annually in funding needed to provide broadband to those locations" if Sacred Wind had accepted A-CAM support: Undercounted households are rendered "invisible to the Commission for purposes of bridging the digital divide in rural and Tribal areas." Comments on broadband mapping are due to FCC Sept. 23 (see 1908210008).

USTelecom and its partners are hoping the results of the four-month location fabric broadband mapping pilot project it recently concluded in two states will be promising enough to convince the FCC to move forward with and pay for similar efforts nationwide, executives said during a webinar Tuesday on its findings. The nationwide initiative could take 12-15 months to complete and cost upward of $8.5 million to $11 million depending on the types of datasets used, said Jim Stegeman, CEO of CostQuest Associates, during Q&A after the presentation. He recommended the maps be updated once or twice a year thereafter to take into account new construction or structures that are torn down. USTelecom estimates annual costs of $3 million to $4 million for updates.