FCC Chairman Tom Wheeler wouldn't comment Thursday on a Wireless Bureau preliminary conclusion that AT&T's Data Free TV sponsored data service hurts competition and consumers (see 1612020044). The company was due to file its response Thursday. “We have to wait and see what AT&T’s response is today,” Wheeler said during a news conference after the commissioners' meeting. Wheeler laughed when a reporter asked why the FCC was addressing zero rating this late in the administration. “For the last 10 months, I think, I’ve been standing here and people have been saying to me, ‘Why haven’t you done anything about zero rating?’” he said. “We had an ongoing process. Things percolated, worked their way through and we’re doing our jobs.” AT&T said in the filing it takes “sharp issue” with the Wireless Bureau’s preliminary conclusions. “The Bureau’s most recent letter accepts, as it must, that Data Free TV offers consumers enormous value at low prices,” AT&T said. “More than three million customers have enjoyed the benefits of Data Free TV in the short time since DIRECTV made it available. In the Bureau’s view, the very attractiveness of Data Free TV makes life too hard on DIRECTV’s video rivals when they compete for AT&T mobile customers … even though AT&T’s sponsored data program is available to those rivals at the same low wholesale rate that DIRECTV pays.” The telco-TV provider said the bureau “articulates no cognizable ‘price squeeze’ claim” and shutting down the service “would affirmatively harm consumers.” The company also raised procedural issues, saying the bureau couldn’t act on delegated authority on matters presenting “new or novel questions of law or policy which cannot be resolved under outstanding Commission precedents and guidelines.” Verizon also responded Thursday to a Dec. 1 letter from the bureau on FreeBee Data 360 offering. Verizon said it's “disappointed” by the query. “Verizon first rolled out our FreeBee sponsored data program last January,” Verizon said. “We discussed the program with you then, and have communicated regularly with you and your staff to answer any questions, address any concerns, and to keep you apprised as we gained experience with FreeBee and as the program has evolved. Only now, almost a year after we deployed this innovative offering and during a time of transition to a new Administration, you write to express concern.” FreeBee is “a non-discriminatory program that fully complies with the Commission’s Open Internet rules,” the carrier said. Wheeler was also asked during the news conference if the FCC would extend the net neutrality transparency waiver for small ISPs, which formally expired Thursday (see 1612140065). “We’re trying to take action,” Wheeler said. “There’s an item on the floor that we’re trying to get resolved.”

FCC Chairman Tom Wheeler wouldn't comment Thursday on a Wireless Bureau preliminary conclusion that AT&T's Data Free TV sponsored data service hurts competition and consumers (see 1612020044). The company was due to file its response Thursday. “We have to wait and see what AT&T’s response is today,” Wheeler said during a news conference after the commissioners' meeting. Wheeler laughed when a reporter asked why the FCC was addressing zero rating this late in the administration. “For the last 10 months, I think, I’ve been standing here and people have been saying to me, ‘Why haven’t you done anything about zero rating?’” he said. “We had an ongoing process. Things percolated, worked their way through and we’re doing our jobs.” AT&T said in the filing it takes “sharp issue” with the Wireless Bureau’s preliminary conclusions. “The Bureau’s most recent letter accepts, as it must, that Data Free TV offers consumers enormous value at low prices,” AT&T said. “More than three million customers have enjoyed the benefits of Data Free TV in the short time since DIRECTV made it available. In the Bureau’s view, the very attractiveness of Data Free TV makes life too hard on DIRECTV’s video rivals when they compete for AT&T mobile customers … even though AT&T’s sponsored data program is available to those rivals at the same low wholesale rate that DIRECTV pays.” The telco-TV provider said the bureau “articulates no cognizable ‘price squeeze’ claim” and shutting down the service “would affirmatively harm consumers.” The company also raised procedural issues, saying the bureau couldn’t act on delegated authority on matters presenting “new or novel questions of law or policy which cannot be resolved under outstanding Commission precedents and guidelines.” Verizon also responded Thursday to a Dec. 1 letter from the bureau on FreeBee Data 360 offering. Verizon said it's “disappointed” by the query. “Verizon first rolled out our FreeBee sponsored data program last January,” Verizon said. “We discussed the program with you then, and have communicated regularly with you and your staff to answer any questions, address any concerns, and to keep you apprised as we gained experience with FreeBee and as the program has evolved. Only now, almost a year after we deployed this innovative offering and during a time of transition to a new Administration, you write to express concern.” FreeBee is “a non-discriminatory program that fully complies with the Commission’s Open Internet rules,” the carrier said. Wheeler was also asked during the news conference if the FCC would extend the net neutrality transparency waiver for small ISPs, which formally expired Thursday (see 1612140065). “We’re trying to take action,” Wheeler said. “There’s an item on the floor that we’re trying to get resolved.”

Frontier Communications may face penalties in California over the company’ difficult transition last April after acquiring Verizon wireline customers in the state. The California Public Utilities Commission voted 3-2 to support a proposed decision on rural call completion issues, including a section directing the Consumer Protection and Enforcement Division (CPED) “to investigate post-transition outage issues raised by dial-tone outages and 9-1-1 access issues following the transfer of Verizon, California to Frontier.” The decision as proposed also orders a re-evaluation of the CPUC’s transaction approval process to avoid a repeat in future telecom integrations. The commissioners' meeting was the last for Commissioner Mike Florio.

Frontier Communications may face penalties in California over the company’ difficult transition last April after acquiring Verizon wireline customers in the state. The California Public Utilities Commission voted 3-2 to support a proposed decision on rural call completion issues, including a section directing the Consumer Protection and Enforcement Division (CPED) “to investigate post-transition outage issues raised by dial-tone outages and 9-1-1 access issues following the transfer of Verizon, California to Frontier.” The decision as proposed also orders a re-evaluation of the CPUC’s transaction approval process to avoid a repeat in future telecom integrations. The commissioners' meeting was the last for Commissioner Mike Florio.

The FCC Wednesday pulled a draft emergency alert system order from the next day's commissioners' meeting agenda, after industry and agency officials said it was controversial. Five other agenda items also were pulled, though four were adopted on circulation.

While the president doesn’t have express constitutional authority to modify tariffs, several congressionally approved statutes give the White House authority to change tariffs based on a findings that other countries’ exports to the U.S. pose a threat, according to a recently released Congressional Research Service (CRS) report (here). But such delegations of power usually accompany clearly defined conditions and often include time restrictions, the report said.

The FCC Wednesday pulled a draft emergency alert system order from the next day's commissioners' meeting agenda, after industry and agency officials said it was controversial. Five other agenda items also were pulled, though four were adopted on circulation.

Importers will have to be even more wary of import alerts once the Foreign Supplier Verification Program takes effect in May 2017, according to Domenic Veneziano, an independent consultant representing EAS Consulting. Import alerts associated with FSVP could lose business for importers when their suppliers, still able to get their products in, turn elsewhere, while import alerts issued on suppliers could raise FDA scrutiny on importers, Veneziano said, speaking at the Food and Drug Law Institute Enforcement, Litigation and Compliance Conference on Dec. 7 in Washington.

CTIA cautioned the FCC against issuing a ruling addressing Somos’ concerns about rules for text messages to toll-free numbers. In November, the Wireline Bureau sought comment on a Somos petition, and initial comments were due Monday. Others filed in support of Somos. The numbering administrator asked the FCC to rule that a messaging provider “may not text-enable a Toll-Free number without seeking authorization from the Responsible Organization with assignment and routing authority for that Toll-Free number,” the bureau said. Somos also asked the FCC to clarify that any messaging provider that text-enables a toll-free number properly register that number with Somos’ Text and Smart Services Registry.

CTIA cautioned the FCC against issuing a ruling addressing Somos’ concerns about rules for text messages to toll-free numbers. In November, the Wireline Bureau sought comment on a Somos petition, and initial comments were due Monday. Others filed in support of Somos. The numbering administrator asked the FCC to rule that a messaging provider “may not text-enable a Toll-Free number without seeking authorization from the Responsible Organization with assignment and routing authority for that Toll-Free number,” the bureau said. Somos also asked the FCC to clarify that any messaging provider that text-enables a toll-free number properly register that number with Somos’ Text and Smart Services Registry.