The FCC inquiry into advanced telecom capability (ATC) deployment signals interest in viewing mobile broadband as a potential substitute for fixed, which would have implications for merger and acquisition reviews and other matters, some parties said. They reacted to a notice of inquiry Tuesday into whether broadband-like ATC is being rolled out to all Americans in a reasonable and timely fashion, pursuant to Section 706 of the Telecom Act (see 1708080070). The prior FCC used negative ATC findings to help justify net neutrality rules and other policy actions under the section's mandate for agency action.

Industry and Capitol Hill supporters of legislation aimed at additional funding for post-incentive auction repacking are using the August recess to bolster two bills’ prospects ahead of hoped-for fall action. Some lawmakers and lobbyists told us they're concerned the repacking issue may get lost amid other policy issues. The Viewer Protection Act (HR-3347) and Viewer and Listener Protection Act (S-1632) filed last month would establish funds to supplement the $1.75 billion allocated in the existing reimbursement fund for post-incentive auction repacking (see 1707200051 and 1707260059). They followed a preliminary FCC estimate that repacking expenses will total $2.12 billion (see 1707140070).

The FCC needs to address problems with the electronic comments filing system (ECFS) before going any further on its net neutrality proceeding "or it will be clear that this is a rogue agency" beholden to large telcos, Fight for the Future (FFTF) said in a statement Monday. It cited reports that the FCC claimed ECFS was "hacked" in 2014 despite a lack of evidence it was the subject it was a cyberattack. That raises questions about the veracity of FCC claims that its ECFS was subject of a directed denial-of-service attack earlier this year (see 1705080042), FFTF said. The FCC didn't comment. Meanwhile, the National Legal and Policy Center (NLPC) in a news release Tuesday said more than 5.8 million fake pro-net neutrality comments were filed with the FCC between July 17 and Aug. 4. It said the deluge came from fake email domains and U.S. address-generator programs, often with the same comments being submitted hundreds of times by filers under the same name but coming from different false email and physical U.S. addresses. It said the comments all use the same language -- "I am in favor of strong net neutrality under Title II of the Communications Act. Sincerely." A spot check of some of the comments found every address was invalid, NLPC said. It said Congress should investigate obviously fake comments submitted by pro- and anti-net neutrality advocates. NLPC has done multiple analyses it says point to fraudulent net neutrality comments (see 1706070017 and 1705310019).

The FCC needs to address problems with the electronic comments filing system (ECFS) before going any further on its net neutrality proceeding "or it will be clear that this is a rogue agency" beholden to large telcos, Fight for the Future (FFTF) said in a statement Monday. It cited reports that the FCC claimed ECFS was "hacked" in 2014 despite a lack of evidence it was the subject it was a cyberattack. That raises questions about the veracity of FCC claims that its ECFS was subject of a directed denial-of-service attack earlier this year (see 1705080042), FFTF said. The FCC didn't comment. Meanwhile, the National Legal and Policy Center (NLPC) in a news release Tuesday said more than 5.8 million fake pro-net neutrality comments were filed with the FCC between July 17 and Aug. 4. It said the deluge came from fake email domains and U.S. address-generator programs, often with the same comments being submitted hundreds of times by filers under the same name but coming from different false email and physical U.S. addresses. It said the comments all use the same language -- "I am in favor of strong net neutrality under Title II of the Communications Act. Sincerely." A spot check of some of the comments found every address was invalid, NLPC said. It said Congress should investigate obviously fake comments submitted by pro- and anti-net neutrality advocates. NLPC has done multiple analyses it says point to fraudulent net neutrality comments (see 1706070017 and 1705310019).

Some commenters asked the FCC to delay deciding on a proposal for the 3.7-4.2 GHz band by the Broadband Access Coalition (BAC) in light of the now-pending notice of inquiry on mid-band spectrum. The coalition, led by Mimosa Networks, the Wireless ISP Association and New America’s Open Technology Institute, offered its proposal in June (see 1706210044). Since the spectrum is mainly used by fixed satellite services (FSS) operators, satellite operators raised a red flag. The FCC also has before it a rival plan offered by an Intel-led coalition (see 1707120043). Comments are in RM-11791.

The Regulatory Commission of Alaska warned Securus about the risk of trying to close its sale to Platinum Equity before getting RCA approval. Alaska and California reviews are pending, with California to vote in late August, but Securus said Friday it didn’t mislead the FCC when it said it had all necessary state regulatory OKs and urged quick federal approval (see 1708030040). Over the weekend in FCC docket 17-126, the inmate calling service (ICS) provider clarified that it has OKs from all states where it was “contractually” obligated, and urged the federal commission to quickly greenlight the deal. Opponents the Wright Petitioners disputed the explanation.

Senate Homeland Security Committee member Rand Paul, R-Ky., will pressure the next nominee to lead the Department of Homeland Security about border agents demanding passwords from travelers, including U.S. citizens, to search their phones and other personal electronic devices without a warrant, his office told us last week. Paul "remains very much concerned about this policy and will press the issue with any nominee," a spokesman said. Experts told us it's important for the committee to raise concerns about the policy with next candidate, after DHS Secretary John Kelly became White House chief of staff last week, but at least one expert wasn't hopeful other members would make it a high priority.

Senate Homeland Security Committee member Rand Paul, R-Ky., will pressure the next nominee to lead the Department of Homeland Security about border agents demanding passwords from travelers, including U.S. citizens, to search their phones and other personal electronic devices without a warrant, his office told us last week. Paul "remains very much concerned about this policy and will press the issue with any nominee," a spokesman said. Experts told us it's important for the committee to raise concerns about the policy with next candidate, after DHS Secretary John Kelly became White House chief of staff last week, but at least one expert wasn't hopeful other members would make it a high priority.

With FCC cybersecurity and IT the topic of criticism, spending in recent years doesn’t seem outside what would be expected, IT experts told us. The commission's Office of Inspector General told Congress the agency was "not effective" in seven of eight Federal Information Security Modernization Act metrics -- rating it "effective" only in the Security and Privacy training domain. OIG said the information security program "was not in compliance" with FISMA legislation, Office of Management and Budget guidance and National Institute of Standards and Technology special publications.

With FCC cybersecurity and IT the topic of criticism, spending in recent years doesn’t seem outside what would be expected, IT experts told us. The commission's Office of Inspector General told Congress the agency was "not effective" in seven of eight Federal Information Security Modernization Act metrics -- rating it "effective" only in the Security and Privacy training domain. OIG said the information security program "was not in compliance" with FISMA legislation, Office of Management and Budget guidance and National Institute of Standards and Technology special publications.