The FCC's "inaccurate broadband mapping" could worsen if the agency scraps more industry filing requirements, as it just did in eliminating cable Form 325 duties, blogged Amir Nasr, New America Open Technology Institute program associate, Thursday. He said the "flimsy data maneuvering" could lead to "misallocated" funds, undermine federal agency efforts to improve broadband deployment and adoption, and even "harm the accuracy of the 2020 Census -- and all the activities that depend on it." The FCC gets much broadband data from ISPs through Form 477 filings that have "significant flaws" and "two large caveats," he said: a census tract is deemed "served" if an ISP deploys to one household or location there, and ISPs are only required to report potential, not actual, broadband speeds. "[T]he best way for the FCC to fact-check ISPs’ reports is to supplement that data with broadband performance data," he said: The agency also should "collect data on how much broadband really costs" across the nation, and "clarify, through its Form 477 reporting requirements, that a census block shouldn't be considered 'served' unless it's truly served." Parties filed comments and replies (see 1710110038, 1710250033) on an NPRM that FCC Chairman Ajit Pai said seeks to make Form 477 data more accurate and less burdensome.

FCC Public Safety Bureau Chief Lisa Fowlkes, Chris Anderson, also from the bureau, and Zenji Nakazawa, aide to Chairman Ajit Pai, said they were the ones who visited North Carolina last week (see 1809210042) in the aftermath of Florence. They said they planned to visit the hardest hit areas, but flooding made that impossible and they ended up at the State Emergency Operations Center in Raleigh. “If our brief visit to North Carolina left us with one lasting impression it was this: Communications technologies -- whether broadcast, cellular, or wireline -- are critical to public safety and emergency response,” the three blogged. “But even the best of technologies is no substitute for the practical know-how and professionalism of a committed team of emergency first responders who stand ready at all times.”

The FCC and an employee alleging she was penalized after complaining about a hostile work environment in the Office of Communications Business Opportunities (see 1606010060) reached a settlement in principle and are preparing a written settlement agreement. So said a docket 15-cv-00057-CKK status report (in Pacer) filed Monday with U.S. District Court for the District of Columbia.

FCC Technical Advisory Council member Lisa Guess is now at Cradlepoint (see 1809200037).

Federal appellate court judges sided with CenturyLink's Qwest Communications in ruling Free Conferencing (FC) intentionally interfered with Qwest's tariff contract with local carrier Tekstar. An 8th U.S. Circuit Court of Appeals panel Tuesday affirmed 2-1 a district court decision that found FC liable and awarded Qwest almost $1 million in damages plus attorneys' fees. When Tekstar agreed in 2008 to pay FC a per-minute fee for hosting conference calls on its exchange, "FC knew that Qwest was refusing to pay Tekstar for its free conferencing traffic," which Qwest considered invalid under a tariff, said Judge Jane Kelly's majority opinion in Qwest v. Free Conferencing, No. 17-2412. Suspecting Tekstar had an impermissible agreement with FC (and others) for conferencing services, Qwest implemented a new least-cost-routing protocol under which it continued to transmit some of Tekstar's free-conferencing traffic (including FC's) on its own network but refused to pay for it, she wrote. After the FCC in 2009 found free-conferencing companies weren't "end users," she said, Qwest sued several local carriers and free-conferencing companies, including FC under Minnesota law "for tortiously interfering with its contract (tariff) with Tekstar." The district court ruled FC interfered by inducing Tekstar to breach the tariff and bill Qwest for impermissible access charges. On appeal, the 8th Circuit panel majority disagreed with FC arguments, found the district court didn't err in its findings and ruled there was no basis for reversal. Dissenting Judge Bobby Shepherd found Free Conferencing didn't induce a breach: "Tekstar willingly participated in the breach, even preparing the contract." FC didn't comment.

DOJ and 14 state attorneys general offices discussed “ways the department and state governments can most effectively safeguard consumers using online digital platforms,” Justice said. The topic of the Tuesday meeting evolved over time (see 1809210047), after President Donald Trump attacked online platforms for alleged conservative bias and threatened antitrust action. “The discussion principally focused on consumer protection and data privacy issues,” Justice said. Those attending included Attorney General Jeff Sessions, Deputy AG Rod Rosenstein, Acting Associate AG Jesse Panuccio and Assistant AG Makan Delrahim. State officials included Alabama AG Steve Marshall, California AG Xavier Becerra, District of Columbia AG Karl Racine, Maryland AG Brian Frosh and Mississippi AG Jim Hood, all Democrats, and Louisiana AG Jeff Landry, Nebraska AG Doug Peterson, Tennessee AG Herbert Slatery and Utah AG Sean Reyes, all Republicans. AG offices from Arkansas, Arizona, Missouri, Texas and Washington sent staff. A federal probe of online platforms would be “inappropriate, undermine the free speech rights of tech platforms and ultimately do a disservice to consumers,” the Information Technology and Innovation Foundation wrote in USA Today. “These businesses have no incentive to inject bias in their platforms, because consumers across the political spectrum use social media and discriminating against any of them could drive people away,” wrote ITIF Vice President Daniel Castro and Research Assistant Michael McLaughlin. Delrahim at a separate appearance Tuesday on antitrust efforts committed Justice to “accelerating the pace of merger review consistent with enforcing the law because we believe that doing so is good for American consumers and taxpayers.”

Craig Newmark is in contact with Facebook, Google and Twitter about The Markup, an investigative journalism platform that will use data science to cover big tech, the Craigslist founder said Monday. Newmark, who won't have an editorial role in the new venture, contributed $20 million, and it's headed in part by ex-ProPublica journalists. Newmark said at the National Press Club that he's working “quietly and diplomatically,” talking to online platform representatives, platform critics and reporters, “to make sure everyone plays well together.” Asked if representatives from Facebook, Google and Twitter are involved in discussions, Newmark said, “It involves everyone.” The event’s moderator noted a New York Times article on the new venture describes concerns that The Markup’s data collection practices might violate platform terms of service. “Getting to the truth” often requires data science, Newmark said. There’s a lot of conjecture about tech platforms, and “we need something real,” he said. Journalism is in “crisis,” he said, suggesting The Markup adopt values that are in line with The Trust Project, a media company collaboration aimed at creating more trust in the press. Asked about platform bias, given claims coming from the White House and conservative lawmakers, Newmark said he's more interested in the details of platform terms of service and whether companies are upholding promises. He backed more enforcement to hold platforms accountable. Newmark also suggested consumers should have a certain level of “media literacy,” the ability to sniff out when a news story is “fake.” National Religious Broadcasters CEO Jerry Jones warned big tech platforms Friday there will be calls to re-examine Section 230 of the Communications Decency Act if platform bias isn't addressed this year.

Disney/Fox will likely shed its Sky stake, but Hulu's fate is unclear, said analysts after Comcast's $40 billion auction bid over the weekend that was accepted by Sky's independent committee (see here). Comcast will likely follow up with deal that has it buying the rest of Sky from Disney/Fox "for the same stupendous price," and possibly as part of a swap where Disney takes Comcast's stake in Hulu, MoffettNathanson analyst Craig Moffett wrote Monday. He downgraded Comcast stock to neutral. He said Sky could be "an albatross" for Comcast given its satellite TV business and that satellite video distribution "is increasingly becoming obsolete." He said expanding Sky's nascent over-the-top business will be a challenge, with a variety of programmers going direct to consumer, meaning Comcast will have to ramp up creation of its own video content. BTIG's Richard Greenfield wrote investors Monday that given cord-cutting and cord-shaving trends, Disney/Fox and Comcast/Sky are "actually depressing" examples of legacy media staying locked in a comfort zone. He said Disney/Fox will likely tender its Sky stake as part of Comcast's offer to Sky shareholders since there's not an obvious strategic benefit to Disney/Fox remaining an investor in Sky. The analyst said Disney wants Comcast's Hulu stake, but Comcast isn't likely to sell since it can thus prevent Hulu from becoming a Disney-branded OTT service. He said with the Sky deal, Comcast is signaling that a deal for Charter Communications seems unlikely and that U.S. expansion isn't a priority. Instead, Discovery could be the next acquisition target for Comcast given Discovery's investments in Europe in recent years, Greenfield said. Comcast plans to keep its stake in Hulu, an informed person said. U.K. M&A rules are such that it couldn't make a side deal with Disney to sell its portion, the person noted. Comcast didn't comment. The company closed down 6 percent at $35.63.

Oral argument is scheduled Feb. 1 on challenges to the FCC's net neutrality rollback, said an order (in Pacer) of the U.S. Court of Appeals for the District of Columbia Circuit Friday, in Mozilla v. FCC, No. 18-1051. It said the three-judge panel is usually revealed 30 days before argument. Petitioner and intervenor briefs seeking to vacate the order were filed in August (see 1808210010 and 1808270040). Responses of the DOJ/FCC and supportive intervenors are due Oct. 11 and Oct. 18, respectively. The Supreme Court is reviewing appeals of a 2017 D.C. Circuit ruling upholding the prior commission's 2015 net neutrality order.

The FCC Office of Managing Director made nonsubstantive revisions to authority citations in the Code of Federal Regulations to conform with Administrative Committee of the Federal Register regulations and Office of the Federal Register document drafting handbook, said an order Friday.