Multichannel video programming distributors, programmers, tech companies and civil rights groups continued to lobby the FCC over the agency's set-top proposal until the beginning of the sunshine period Thursday evening, according to ex parte notices posted in docket 16-42 that day and Friday. Groups on both sides repeated their opposition or support for the draft item set for commissioner's coming Thursday meeting, T-Mobile announced support for the FCC plan, and a coalition of civil rights groups asked the FCC to delay the vote. Amazon proposed an alternative to the commission’s licensing plan that was raised by FCC officials in discussions with content companies, according to an ex parte filing.

One big question raised about Yahoo's revelation that a half-billion user accounts may have been compromised in a data breach dating back to 2014 (see 1609220046): Why did the company take so long to reveal the incident?

Parties continued to offer a jumble of views on the FCC inquiry into whether advanced telecom capability (ATC) is being deployed to all Americans in a reasonable and timely way, as reply comments were posted Wednesday and Thursday in docket 16-245. CTIA said U.S. mobile broadband deployment was "the envy of the world, and by any reasonable metric" must be found to satisfy the mandate in Section 706 of the Telecom Act. The Wireless Infrastructure Association agreed, saying new mobile benchmarks aren't needed and the FCC should decline to require that both fixed and mobile service be available to reach a positive determination. But U.S. Cellular cited evidence in the record for a negative mobile broadband finding and requiring both mobile and fixed broadband availability in assessing ATC deployment. It also said "faulty data is compromising" FCC ability to make accurate mobile broadband evaluations, particularly in rural areas, and backed a new proceeding to fix the problem. T-Mobile said "constraints on critical input resources" continued to impede broadband availability, particularly spectrum for mobile broadband. The Wireless ISP Association said there is strong support for the FCC's proposal to keep its 25/3 Mbps fixed ATC standard. WISPA opposed a fiber group's proposal to use deployment of all-fiber networks, instead of data speed, as the standard, as well as Netflix's "self-serving proposal to introduce regulation of data caps and other usage-based pricing plans." Adtran voiced similar concerns about those proposals and a Deere proposal targeting broadband in agricultural areas. NTCA also backed the 25/3 Mbps fixed (and satellite broadband) standard, but is concerned about the "lingering inconsistency" with lower speed requirements for rural USF support. But the Utilities Technology Council said the fixed standard should be raised to at least 50/20 Mbps and take into account factors such as latency and jitter. The Power & Contractors Association also suggested the fixed standard be raised. ViaSat said the FCC should fully consider satellite broadband in making its ATC determination and opposed consideration of jitter. The Free State Foundation said any fair assessment of the facts would find broadband is being reasonably deployed to all Americans. Will Rinehart, technology director at the American Action Forum, said the FCC should focus on removing investment barriers and lower the speed threshold to an "economically supported competitive level of broadband service."

The hotline process for unanimous consent approval of the FCC Reauthorization Act (S-2644) on the Senate floor started Wednesday, a Commerce Committee GOP aide told us. That was an expected Commerce goal for September (see 1608230062). Chairman John Thune, R-S.D., repeatedly told us starting in summer that he expects Democratic holds preventing such hotline approval due to Democratic frustration over the lack of reconfirmation of Commissioner Jessica Rosenworcel (see 1609070059). Senate Minority Leader Harry Reid, D-Nev., is blocking the hotline of the committee’s Mobile Now (S-2555), and his office didn’t comment Thursday about whether it would block the FCC Reauthorization Act. A single senator's objection would block approval. Committee staff filed a 31-page report about the bill Tuesday describing its provisions, including the Spoofing Prevention Act and Kari’s Law Act. The report cites inclusion of a spectrum proposal from Sens. Marco Rubio, R-Fla., and Cory Gardner, R-Colo.: “This section would require the Comptroller General, within two years after enactment and biennially thereafter, to submit a spectrum opportunity cost study and report on the opportunity cost for each specific Federal spectrum band between 150 megahertz and 6000 megahertz assigned to, or allocated for use by Federal entities. For purposes of these reports, 'opportunity cost' would be defined as the dollar value of spectrum if it were to be reallocated, on a licensed or unlicensed basis, to the highest commercial alternative that does not have access to that spectrum.” Ranking member Bill Nelson, D-Fla., raised concerns during the markup, and the amendment was seen as a possible outstanding issue that could affect a hotline filing (see 1605050046). Senate Commerce “recognizes that the Federal Government utilizes spectrum in a myriad of ways to protect the American people and serve the public interest, and that the value of existing and contingent Federal use of spectrum is not and should not be determined solely by the opportunity cost,” the report said.

Sen. Dianne Feinstein, D-Calif., has “concerns” about the set-top box order circulating from FCC Chairman Tom Wheeler, she told him in a letter Wednesday. The proposal “could adversely impact content providers who rely on heavily-negotiated licensing agreements with paid television providers to ensure that they are fairly compensated for their work,” Feinstein said. “In addition, I am concerned that the proposal may encroach upon the Senate Judiciary Committee’s jurisdiction over copyright law, which establishes content owners’ exclusive protected rights and also provides for certain situations in which a license is compulsory.” She requested the FCC “make public” the draft. Reps. Anna Eshoo, D-Calif., ranking member of the Communications Subcommittee, and Zoe Lofgren, D-Calif., circulated a letter to colleagues urging support for the order and saying they wanted to separate fact from fiction. “On September 29th the FCC will vote on an updated proposal to finally allow consumers to break free from cable box rental fees,” Eshoo and Lofgren said. “This updated proposal reflects significant and constructive public input as required by the Administrative Procedure Act. In fact, it is based on the alternative apps-based framework the industry suggested in this proceeding. We want to set the record straight about this proposal because it is imperative the FCC act without further delay.” The fictions the letter emphasized involved the order’s copyright components. Under the order, “content will be protected in the strongest manner possible” and its “licensing body has no role or authority over any agreements between copyright holders and cable companies,” they said. Public Knowledge President Gene Kimmelman defended the order in a letter sent Wednesday to the leaders of the Commerce and Judiciary committees in both chambers. “Contrary to the claims of Hollywood and cable monopolies, the FCC’s apps proposal will promote consumer choice while protecting copyright,” Kimmelman said, dismissing the concerns raised: “Yet some programmers seem to misunderstand how an apps-based approach would work and are seemingly arguing that, if the FCC follows its duties under the Communications Act, it somehow runs afoul of copyright or control law. This position is legally frivolous, and ignores the details of the Chairman’s proposal.” Talks continue at the FCC on the proposal, set for a vote next week (see 1609220069).

The hotline process for unanimous consent approval of the FCC Reauthorization Act (S-2644) on the Senate floor started Wednesday, a Commerce Committee GOP aide told us. That was an expected Commerce goal for September (see 1608230062). Chairman John Thune, R-S.D., repeatedly told us starting in summer that he expects Democratic holds preventing such hotline approval due to Democratic frustration over the lack of reconfirmation of Commissioner Jessica Rosenworcel (see 1609070059). Senate Minority Leader Harry Reid, D-Nev., is blocking the hotline of the committee’s Mobile Now (S-2555), and his office didn’t comment Thursday about whether it would block the FCC Reauthorization Act. A single senator's objection would block approval. Committee staff filed a 31-page report about the bill Tuesday describing its provisions, including the Spoofing Prevention Act and Kari’s Law Act. The report cites inclusion of a spectrum proposal from Sens. Marco Rubio, R-Fla., and Cory Gardner, R-Colo.: “This section would require the Comptroller General, within two years after enactment and biennially thereafter, to submit a spectrum opportunity cost study and report on the opportunity cost for each specific Federal spectrum band between 150 megahertz and 6000 megahertz assigned to, or allocated for use by Federal entities. For purposes of these reports, 'opportunity cost' would be defined as the dollar value of spectrum if it were to be reallocated, on a licensed or unlicensed basis, to the highest commercial alternative that does not have access to that spectrum.” Ranking member Bill Nelson, D-Fla., raised concerns during the markup, and the amendment was seen as a possible outstanding issue that could affect a hotline filing (see 1605050046). Senate Commerce “recognizes that the Federal Government utilizes spectrum in a myriad of ways to protect the American people and serve the public interest, and that the value of existing and contingent Federal use of spectrum is not and should not be determined solely by the opportunity cost,” the report said.

Sen. Dianne Feinstein, D-Calif., has “concerns” about the set-top box order circulating from FCC Chairman Tom Wheeler, she told him in a letter Wednesday. The proposal “could adversely impact content providers who rely on heavily-negotiated licensing agreements with paid television providers to ensure that they are fairly compensated for their work,” Feinstein said. “In addition, I am concerned that the proposal may encroach upon the Senate Judiciary Committee’s jurisdiction over copyright law, which establishes content owners’ exclusive protected rights and also provides for certain situations in which a license is compulsory.” She requested the FCC “make public” the draft. Reps. Anna Eshoo, D-Calif., ranking member of the Communications Subcommittee, and Zoe Lofgren, D-Calif., circulated a letter to colleagues urging support for the order and saying they wanted to separate fact from fiction. “On September 29th the FCC will vote on an updated proposal to finally allow consumers to break free from cable box rental fees,” Eshoo and Lofgren said. “This updated proposal reflects significant and constructive public input as required by the Administrative Procedure Act. In fact, it is based on the alternative apps-based framework the industry suggested in this proceeding. We want to set the record straight about this proposal because it is imperative the FCC act without further delay.” The fictions the letter emphasized involved the order’s copyright components. Under the order, “content will be protected in the strongest manner possible” and its “licensing body has no role or authority over any agreements between copyright holders and cable companies,” they said. Public Knowledge President Gene Kimmelman defended the order in a letter sent Wednesday to the leaders of the Commerce and Judiciary committees in both chambers. “Contrary to the claims of Hollywood and cable monopolies, the FCC’s apps proposal will promote consumer choice while protecting copyright,” Kimmelman said, dismissing the concerns raised: “Yet some programmers seem to misunderstand how an apps-based approach would work and are seemingly arguing that, if the FCC follows its duties under the Communications Act, it somehow runs afoul of copyright or control law. This position is legally frivolous, and ignores the details of the Chairman’s proposal.” Talks continue at the FCC on the proposal, set for a vote next week (see 1609220069).

Parties continued to offer a jumble of views on the FCC inquiry into whether advanced telecom capability (ATC) is being deployed to all Americans in a reasonable and timely way, as reply comments were posted Wednesday and Thursday in docket 16-245. CTIA said U.S. mobile broadband deployment was "the envy of the world, and by any reasonable metric" must be found to satisfy the mandate in Section 706 of the Telecom Act. The Wireless Infrastructure Association agreed, saying new mobile benchmarks aren't needed and the FCC should decline to require that both fixed and mobile service be available to reach a positive determination. But U.S. Cellular cited evidence in the record for a negative mobile broadband finding and requiring both mobile and fixed broadband availability in assessing ATC deployment. It also said "faulty data is compromising" FCC ability to make accurate mobile broadband evaluations, particularly in rural areas, and backed a new proceeding to fix the problem. T-Mobile said "constraints on critical input resources" continued to impede broadband availability, particularly spectrum for mobile broadband. The Wireless ISP Association said there is strong support for the FCC's proposal to keep its 25/3 Mbps fixed ATC standard. WISPA opposed a fiber group's proposal to use deployment of all-fiber networks, instead of data speed, as the standard, as well as Netflix's "self-serving proposal to introduce regulation of data caps and other usage-based pricing plans." Adtran voiced similar concerns about those proposals and a Deere proposal targeting broadband in agricultural areas. NTCA also backed the 25/3 Mbps fixed (and satellite broadband) standard, but is concerned about the "lingering inconsistency" with lower speed requirements for rural USF support. But the Utilities Technology Council said the fixed standard should be raised to at least 50/20 Mbps and take into account factors such as latency and jitter. The Power & Contractors Association also suggested the fixed standard be raised. ViaSat said the FCC should fully consider satellite broadband in making its ATC determination and opposed consideration of jitter. The Free State Foundation said any fair assessment of the facts would find broadband is being reasonably deployed to all Americans. Will Rinehart, technology director at the American Action Forum, said the FCC should focus on removing investment barriers and lower the speed threshold to an "economically supported competitive level of broadband service."

AUSTIN -- “It’s really a small minority” of communities making it tough for the wireless industry to install small cells for 5G, said a Wireless Infrastructure Association official Thursday at the NATOA conference. He, CTIA and Mobilitie officials said industry wants a dialogue with local governments as companies roll out tens of thousands of 5G small cells. Throughout the conference, local officials and attorneys objected to the tone of recent comments by FCC Chairman Tom Wheeler about speeding local siting of small cells, with some warning attendees to be worried about possible commission action.

AUSTIN -- “It’s really a small minority” of communities making it tough for the wireless industry to install small cells for 5G, said a Wireless Infrastructure Association official Thursday at the NATOA conference. He, CTIA and Mobilitie officials said industry wants a dialogue with local governments as companies roll out tens of thousands of 5G small cells. Throughout the conference, local officials and attorneys objected to the tone of recent comments by FCC Chairman Tom Wheeler about speeding local siting of small cells, with some warning attendees to be worried about possible commission action.