The Supreme Court again gave the government more time to respond to petitions appealing a ruling by the U.S. Court of Appeals for the D.C. Circuit affirming the FCC's 2015 net neutrality order. The high court approved the DOJ solicitor general's latest request to extend the deadline for all respondents, from Monday to Aug. 15, said a note Wednesday in its docket on Daniel Berninger v. FCC et al., No. 17-498. Some believe the government is waiting for the FCC's recent net neutrality repeal order to take effect, which occurs June 11, so it can move to dismiss the 2015 order litigation.

Business regulations can have a legitimate policy reason for existing but are also anticompetitive and distort the market and need to be examined to see if they are justified, said DOJ antitrust chief Makan Delrahim at an agency antitrust roundtable Thursday, according to prepared remarks. He cited Justice filing a statement of interest in March on TIKD Services' lawsuit against the Florida Bar about the company's app helping dispute traffic tickets as an example of the market potentially "us[ing] states as tools for their anticompetitive goals." He said Michigan's sales law preventing direct sales of new cars to consumers, seemingly aimed at Tesla, is "a particularly troubling example of how incumbents can work to craft regulations laser-focused on preventing entry." Public Knowledge said Senior Counsel John Bergmayer discussed the need for reform to the broadcast compulsory license and retransmission consent regime, including a rollback of the network nonduplication and syndicated exclusivity rules and elimination of basic tier buy-through rules. “In some areas, the problem is a lack of FCC rules," Bergmayer said. "In some areas, a lack of enforcement. But in some areas rules that benefit incumbents that no longer need government protection stick around far past their expiration date." The Center for Individual Freedom also cited retrans (see 1805300067).

AT&T said it won't continue challenging FTC broadband authority, declining to appeal a 9th U.S. Circuit Court of Appeals en banc ruling that the commission has authority over the non-common-carrier activities of common carriers, such as telcos (see 1802260031). Broadband is considered a non-common-carrier activity under the FCC's reversal of Communications Act Title II net neutrality regulation. “We have decided not to seek review by the Supreme Court, to focus instead on negotiating a fair resolution of the case with the Federal Trade Commission,” said an AT&T spokesman Thursday. An FTC lawsuit in the Northern District of California (No. 14-cv-04785-EMC) alleged AT&T Mobility promised millions of wireless customers unlimited data, then throttled the speeds they got. The company says it no longer throttles unlimited customers once they hit a monthly data allotment. The FTC didn't comment.

The FCC’s Consumer Advisory Committee will meet June 8 in the Commission Meeting Room, said a Federal Register notice. The meeting is to start at 9 a.m. The committee will be updated by FCC staff on recent developments and “may discuss topics including, but not limited to, consumer protection and education, consumer participation in the FCC rulemaking process, and the impact of new and emerging communication technologies,” the notice said.

Newsmax has never been a member of the Coalition to Save Local Media, said the company's CEO Chris Ruddy and a representative for the group that opposes Sinclair buying Tribune, though Newsmax doesn't want the deal approved (see 1805180074, 1802280047, 1710240049 and 1804200059).

Commenters disagreed on the merits of a February petition by the Aerospace Industries Association asking the FCC to act on technical and operational rules for using the 5030-5091 MHz band for unmanned aircraft systems (UAS) controls (see 1802090049). In April, the Consumer and Governmental Affairs Bureau sought comment on the petition in RM-11798. CTIA said the FCC needs to do more thinking before releasing an NPRM. “The vague nature of the AIA Petition makes it unclear if AIA is suggesting either: (a) an overly broad approach that would require all UAS to utilize the 5030-5091 MHz band for command and control links under Part 87 rules; or (b) an extremely narrow approach, based on standards developed by the Radio Technical Commission for Aeronautics (RTCA), reserving this band only for UAS that are transitioning in and out of Class A airspace, above 18,000 feet,” CTIA said. There's no "one-size-fits-all" solution on spectrum for drones, CTIA said. UAS makers largely supported the petition. Boeing said AIA makes some important recommendations, concurring "with the AIA that the Commission should prohibit non-safety-of-life communications in the 5030-5091 MHz band.” The company "agrees with the AIA petition the Commission should modify the U.S. Table of Frequency Allocations to reflect this allocation of the 5030-5091 MHz band for UAS safety-of-life transmissions.” Boeing backed a “dynamic frequency-assignment process.” The company supported AIA recommendations the FCC develop a licensing framework aligned with FAA flight certification requirements. Lockheed Martin backs the petition. Ensure “adequate spectrum resources are implemented to support dedicated command and control frequency channels for the safe and reliable operation of larger unmanned aircraft,” the company asked. Raytheon also supported the petition. “The regulatory framework described in AIA’s Petition represents a good starting point for the adoption of licensing and operational rules for UAS” command and control, said Elefante Group, which plans to deploy persistent, unmanned stratospheric airborne platforms as part of U.S. communications networks.

U.S. Virgin Islands Public Service Commissioner Johann Clendenin welcomed additional USF funding for his territory in an FCC order and NPRM, which also targets Puerto Rico for funding to restore and improve communications networks damaged by hurricanes (see 1805290028). The U.S. Virgin Islands received "an outpouring" of "significant" support from "the personal efforts of responders who have spent months in relief and recovery efforts," he emailed. "Now in the mitigation phase, the leadership of [FCC] Chairman [Ajit] Pai and his Disaster Team led by Michael Carowitz has enabled a significant opportunity for our critical telecommunications providers to build a more resilient infrastructure." He also cited the "tireless efforts" of Gov. Kenneth Mapp (I) "to articulate the circumstances of our insular Territory" to the federal government. "Together with our congressional Delegate Stacey Plaskett [(D)], a comprehensive framework of assistance is being brought to bear on the myriad challenges to our economy as we seek to emerge stronger from the chaos of the 2017 hurricane season and now prepare for the [imminent] arrival of the 2018 season," he said. Others we queried didn't comment Wednesday. Puerto Rico Resident Commissioner Jenniffer González-Colón, New Progressive Party, tweeted her thanks Tuesday to the FCC for approving Pai's proposal to target her island with $750 million in assistance. NTIA Administrator David Redl applauded Pai and the FCC in a tweet for providing near-term funding and "establishing long-term funds to rebuild, improve and expand broadband networks on the islands."

CTIA warned the FCC on potential technical concerns with requiring carriers to transmit multimedia files in wireless emergency alerts, responding to a Public Safety Bureau notice to update the record (see 1803280029 and 1805290059). The commission should "recognize the significant technical and operational limitations -- both with wireless networks and WEA-capable devices -- that would be very challenging to overcome,” said comments in docket 15-91. CTIA noted the FCC now requires carriers to support the transmission of embedded URLs and phone numbers in alerts: “The WEA system was intentionally designed to transmit only very small amounts of text data to ensure the timely delivery of WEA messages.” Even with successful tests January and April in the National Capital Region (see 1804050053), WEA requires multimedia enhancements, commented the District of Columbia Homeland Security and Emergency Management Agency. “While both of these tests demonstrated our ability to provide key information to Washington, DC's residents, commuters, and guests, our WEA messaging was limited by the technical constraints of the WEA system.” Support for images would “provide instant recognition and speak a universal language,” while making WEA more accessible to people with disabilities, it said. Other commenters also asked the FCC to move forward. Despite recent enhancements, “significant gaps remain between what today’s technology can offer and what the WEA System supports,” said New York City’s Emergency Management Department. “Chief among these gaps is the inability to incorporate multimedia (e.g., images, maps, infographics, etc.) into WEA messages. The need for this capability within the WEA System has been thoroughly documented in the public record.” The Santa Barbara County Office of Emergency Management said the lack of multimedia capability made WEAs less effective during recent wildfires and flooding in California. Multimedia WEA messages “would be of tremendous benefit to the deaf and hard of hearing,” said groups representing that community, led by Telecommunications for the Deaf and Hard of Hearing. “While multimedia capabilities provide significant benefit to all recipients, they offer special and unique benefits to the deaf and hard of hearing population many of whom rely on visual information for emergency and nonemergency information.” Other industry commenters share CTIA’s concerns. ATIS said it remains “concerned with the congestion-related impacts” of URLs now required by the FCC. Industry needs time to see how including embedded URLs work, the group said. “The use of URLs with appropriate best practices (e.g. well-designed website links) is the only effective means of providing multimedia in WEA today,” ATIS said. AT&T raised technological concerns. “The arrival of 5G will not alter the WEA technology roadmap -- cell broadcast is and will remain the primary way to send WEA messages,” AT&T said. “Cell broadcast technology, which is optimized for text messages, will be extremely challenged to support multimedia messages -- even smaller files like static photos, much less video files.” Proposals have emerged that images be converted to binary data and sent over multiple cell broadcast messages, the carrier said. “This would require significant standards development, for both the network and handsets, and would require new handsets, introducing backwards compatibility and roaming challenges.”

The FCC and staffer Sharon Stewart are close to the end of settlement discussions on her hostile work environment lawsuit (see 1803260002) and haven't reached a settlement, the agency said in a docket 15-00057 status report (in Pacer) filed Friday in U.S. District Court for the District Columbia. The report asked for more time to continue discussions before resuming litigation, and proposed filing another status update in a month.

The North American Numbering Council OK'd draft reports to the FCC on "nationwide number portability" and "toll free number modernization," said NANC Chairman Travis Kavulla, vice chairman of the Montana Public Service Commission. NANC members made some changes to the drafts at Tuesday's meeting, he told us. The final reports are due at the commission June 7. Also Tuesday, the FCC and others said the local number portability administrator transition from Neustar to iconectiv was completed (see 1805290021).