Offenders who repeatedly flout FTC orders must face “severe consequences,” so the agency can restore credibility that has eroded with the “real or perceived lax treatment” of violators, Commissioner Rohit Chopra wrote Friday. One of two recently confirmed Democrats on the five-member commission (see 1805020044), Chopra said individual executives should be held accountable for order violations in which they participate, even if not named in the original orders. “FTC orders are not suggestions,” Chopra wrote to fellow commissioners and the staff. “To deter violations and maintain our credibility as law enforcers, scofflaws who flout our orders must face severe consequences.” Facebook and Google have agreed to FTC consent orders for alleged consumer violations (see 1804270067).

The Consumer and Governmental Affairs Bureau is asking for comment on FCC interpretation and implementation of the Telephone Consumer Protection Act in light of a decision in ACA International v. FCC, in which the U.S. Court of Appeals for the D.C. Circuit overturned key parts of a 2015 order and declaratory ruling (see 1803160053). The FCC is expected to offer clarity on its rules (see 1804160044). The bureau asks in Tuesday's Daily Digest for comment on what constitutes an automatic telephone dialing system. “We seek further comment on the functions a device must be able to perform to qualify as an automatic telephone dialing system,” a public notice said. “We seek comment on how to interpret ‘capacity’ in light of the court’s guidance. For example, how much user effort should be required to enable the device to function as an automatic telephone dialing system? Does equipment have the capacity if it requires the simple flipping of a switch? If the addition of software can give it the requisite functionality? If it requires essentially a top-to-bottom reconstruction of the equipment?” Comments are due June 13, replies June 28 in docket 18-152. Sen. Ed Markey, D-Mass., said the FCC must protect consumers against unwanted robocalls and robotexts. “The intent and letter of the law is clear: consumers should not be subject to intrusive and unsolicited robocalls and robotexts,” Markey said. “It is the FCC’s statutory obligation to ensure that consumers can preserve the precious zone of privacy created by the TCPA. That means affirmative user consent before using automated dialing equipment; the right to revoke consent; and stopping unwanted calls and texts to reassigned numbers."

All New AT&T content, including HBO, should be part of any court-ordered arbitration terms on AT&T's proposed buy of Time Warner, RCN and the American Cable Association told the federal judge overseeing DOJ's attempt to block AT&T/TW. AT&T is opposed. RCN and ACA, in a docket 17-cv-02511-RJL proposed amici brief (in Pacer) posted Monday in U.S. District Court in the District of Columbia, said Turner's current arbitration offer (see 1711280063) is "completely insufficient to address the harms and would produce a worse outcome than DOJ’s preferred structural remedy." They said if the court finds competitive harms to the deal, rather than blocking the takeover as DOJ has argued or going with the Turner-offered arbitration terms, the court has the authority to offer its own behavioral conditions. RCN and ACA said shortcomings of the Turner arbitration offer include HBO not being part of the arbitration terms and not authorizing smaller MVPDs to use a bargaining agent in arbitration or to be compensated for arbitration costs. They said the Turner offer doesn't tackle the information asymmetry that gives the advantage in the arbitration process to a vertically integrated programmer when the MVPD doesn't know what other MVPDs pay Turner. RCN and ACA said anti-competitive issues with AT&T/TW could be addressed by the Turner arbitration terms including the requirement smaller distributors be expressly allowed to use a bargaining agent like the National Cable TV Cooperative to negotiate programming rights. They recommended confidential exchange of programming agreement information, including rates and terms, before making final arbitration offers, and a prohibition on New AT&T blocking an MVPD's broadband subscribers from having access to content that other broadband subscribers have access to online. AT&T/TW called (in Pacer) the proposal "unsworn, untested, and unmeritorious." Since RCN CEO James Holanda testified, the proposed brief "is an impermissible effort to expand the factual record, while shielding its newly-stated opinions and criticisms from the clarifying scrutiny of cross-examination," the combining companies said. DOJ didn't comment Tuesday; RCN and ACA said DOJ hadn't objected to the proposed amici brief.

NATOA and the National League of Cities plan to release a model municipal code as an alternative to what’s released by the FCC Broadband Deployment Advisory Committee, said NLC Principal Associate-Technology and Communications Angelina Panettieri, on an NATOA webinar Monday. NLC this summer plans to publish a municipal action guide about small-cells deployment, Panettieri said. All BDAC members, including local representatives, supported a municipal model code at the committee’s April meeting, and the committee plans to harmonize the code with a state model code and other proposals that municipalities oppose (see 1804300058 and 1804250064). That harmonization, expected to occur at a June meeting, may be “problematic” for local governments, Panettieri said. NLC concerns about BDAC membership continue, with only three of 30 members representing local government, but cities will stay, she said: “If you aren’t at the table, you are on the menu.” BDAC is basing recommendations on flawed premises, including that 5G is imminent, removing local process will speed 5G deployment or spur rural broadband and that localities are a problem, not a solution, said Coalition for Local Internet Choice CEO Joanne Hovis. 5G still has major technical limitations, including that it can’t pass through trees, and Wall Street analysts don’t say it’s coming soon, she said.

FCC information collection under revised discontinuance rules was approved by the Office of Management and Budget for three years, said an announcement in Monday's Federal Register. The rule said disclosure requirements in a November wireline infrastructure order aim to help implement parts of Communications Act sections 222(e) and 251, and to eliminate telecom market operational barriers, especially to copper retirements and service upgrades (see 1711160032). The information will be used to implement LECs' duties to give competitors dialing parity and nondiscriminatory access to certain services and functionalities, ILECs' duty to disclose network information, and numbering information, the rule said. Another FCC rule prepared for Tuesday's FR says OMB approved for three years information collection associated with a commission order "updating, clarifying and streamlining its rules on non-geostationary satellite orbit, fixed satellite service systems to better reflect current technology and promote additional operational flexibility." It said related rule changes under the September order (see 1709260035) take effect May 31.

FCC Chairman Ajit Pai accepted the call authentication recommendations of the North American Numbering Council for industry to "quickly establish a Governance Authority for implementing" a Shaken/Stir framework, said a release Monday. It said Shaken/Stir (Secure Handling of Asserted information using toKENs/Secure Telephony Identity Revisited) is an industry standard for "cryptographic signing" of phone calls aimed at eliminating "illegitimate spoofed numbers" used by illegal robocallers and spoofers. "A critical element of solving this problem is call authentication," said Pai, saying it will give robocall-weary consumers more confidence to answer calls. "Call authentication can help law enforcement catch scammers and help carriers identify illegal calls." The May NANC report recommended industry take the lead in standing up a governance authority and policy administrator of the framework over the next year (see 1805030014). It anticipates "certain providers could be capable of signing and validating" Shaken/Stir calls in a year, said the FCC release. NANC members, who declined to set a Shaken/Stir adoption deadline for providers, said the standard works for VoIP calls, not legacy services (see 1804270027).

An FCC order and NPRM targeting Puerto Rico and the U.S. Virgin Islands for enhanced USF support could be released in the next few days, said a commission official. Commissioner Mike O'Rielly recently said he will support the item, after receiving assurances from Puerto Rico it will end 911 fee diversion (see 1805040034). Chairman Ajit Pai's draft seeks to provide $256 million in additional USF support and repurpose another $698 million to help restore and upgrade hurricane-damaged communications networks, with $750 million for Puerto Rico and $204 million for the U.S. Virgin Islands (see 1803060039).

Census tracts are likely to be a battleground in licensing the 3.5 GHz citizens broadband radio service band, with the CBRS Coalition proposal explicitly including census tract licenses (see 1805100062), experts and insiders told us Friday. A rival plan from CTIA and the Competitive Carriers Association involves county-based and metropolitan statistical area licenses (see 1804230064). CTIA and CCA didn't comment Friday. The CBRS Coalition proposal contains a mix of licensing areas for everyone, emailed Public Knowledge Senior Vice President Harold Feld. "That is what a compromise is," he said. "It means everyone gets something." Parties who don't think census tracts are usable "don't have to bid on them," he said. That the CBRS Coalition is made up of interests ranging from small mobile carriers to electric co-ops points to the difficulty of getting them all on the same page, so the coalition's proposal was its bottom line, not a starting point for talks, said a Coalition member executive. The FCC might be able to come up with a third position, but that seems unlikely, the executive said, saying it's also unlikely CTIA and CCA can or will modify their position.

The vote at Thursday's FCC meeting on fining a robocaller was 3-1 with the dissent partial (see 1805100062 and 1805100057).

The FCC could consider a wireline infrastructure item at its June 7 monthly meeting, said commission officials Friday. The potential item appears to be an order on copper retirement and telecom service discontinuance, said one official and an informed source. A November Further NPRM accompanying an order sought comment on possible streamlining of copper retirement notifications and telecom service discontinuance approvals, and certain pole-attachment processes, including "overlashing" (see 1711160032). Commenters were divided (see 1801180032). "It doesn't seem like the pole-attachment piece is entirely baked yet," said an official. Also seen as possibilities are items on intercarrier compensation, toll-free texting, slamming and cramming, spectrum frontiers, wireless emergency alert testing and media modernization. The tentative agenda and draft items are due to be released Thursday, but Chairman Ajit Pai sometimes has announced the items the day before those are released. A spokesman declined comment Friday.