Industry disagrees if the FCC should preempt rights-of-way fees charged Columbia, Missouri, as a violation of Communications Act Section 253, in replies posted Wednesday in docket 21-323 (see 2109230078). Bluebird asked to defer action on its petition "until the legal status of House Bill 271 is settled," which would ban local jurisdictions from charging per linear foot fees, or preempt the city's linear ROW fee if it decides to act. The fees are "excessive, unreasonable, and discriminatory," said Frontier. Granting the petition "will send a strong message to other municipalities," the telco said. Bluebird’s petition is “not a new or novel issue, and the facts as presented, clearly violate Section 253,” said Incompas, saying its members face similar obstacles. The Wireless Infrastructure Association agreed. Commenters showed the monetary amount "is not an isolated problem," said USTelecom, noting the city didn't file an opposition. Localities in Oregon, Washington and California, the League of Minnesota Cities, Metropolitan Area Communications Commission, and ROW Consultants disagreed, saying Congress "did not intend Section 253(d) to authorize the commission to decide local rights of way disputes." The coalition said a public comment process "does not provide an adversarial fact-finding process through which factual issues might be resolved." Localities "should not be forced to come to the FCC to litigate uniquely local issues," said the Communications Workers of America.
Duke Energy Florida asked the FCC to deny AT&T’s application for review of an August Enforcement Bureau granting the telco’s pole attachment complaint, in an opposition posted Wednesday in proceeding 20-276 (see 2108300033). The request "provides further evidence of AT&T’s anti-competitive mindset," Duke said, and its "opposition to negotiating a new reciprocal joint use agreement also undercuts the main thrust AT&T's complaint." The utility also filed a petition for reconsideration (see 2109290080).
Some states are starting reviews of Apollo’s purchase of Lumen’s ILEC assets. The Pennsylvania Public Utility Commission published a notice in Saturday's Pennsylvania Bulletin setting an Oct. 25 deadline for protests and petitions to intervene in dockets A-2021-3028668 and A-2021-3028669. The Louisiana PSC received the companies’ application last week and will list the docket in Friday’s bulletin, a spokesperson told us. The Virginia State Corporation Commission got a petition Thursday and opened docket PUR-2021-00246. The Illinois Commerce Commission received a petition Sept. 24 and set an Aug. 24, 2022, deadline in docket 21-0710. The ICC Tuesday scheduled a 1:30 p.m. CDT Oct. 26 virtual prehearing conference. The New Jersey Board of Public Utilities posted a petition Sept. 24 in docket TM21091142. Apollo/Lumen isn’t expected to face much regulatory resistance (see 2108200035).
The FCC Consumer and Governmental Affairs Bureau conditionally granted the General Services Administration's waiver request of telecom relay services user registration requirement for IP relay service and IP captioned telephone service, said an order Friday in docket 03-123 (see 2103230049). The waiver applies to federal government employees and on-premises contractors only, and providers are required to use a “modified form” of the video relay service enterprise registration process, the order said.
FCC acting Chairwoman Jessica Rosenworcel appointed additional members to the rechartered North American Numbering Council, said a public notice Friday in docket 92-237 (see 2107290064). Rosenworcel also appointed members to the numbering administration oversight and call authentication trust anchor working groups.
Core Communications "has not met its burden" of proving its revised tariff is "just and reasonable," said an FCC order in docket 21-191 Thursday directing Core to refile its tariff. The agency rejected Core's claim its revisions were supported by statements made by commission staff in informal discussions. Core "attempts to shift the responsibility for detecting and blocking fraudulent traffic onto" interexchange carriers and is "inconsistent" with FCC call blocking rules, the order said. It directs the Wireline Bureau to "ensure that the commission's findings are properly reflected in Core's new revised tariff" and determine any refunds that may be required once a new revised tariff is effective. Core's attorney didn't comment.
Don’t adopt session initiation protocol code 603 as the industry standard for call blocking notifications, said the Voice on the Net Coalition in a letter posted Wednesday in docket 17-59 (see 2108270070). That code that USTelecom seeks “would be clumsy, at best,” VON said. It recommended the FCC require industry and standards organizations to resolve all technical issues for using SIP codes 607 and 608 by a specific deadline.
The FTC and California's claims against Frontier alleging it misrepresented its speeds to DSL customers may continue, wrote U.S. District Court for the Central District of California Judge Gary Klausner in an order partially denying the telco’s motion to dismiss claims brought by the FTC and six states, posted Monday (case 2:21-cv-04155) (see 2108310064). Frontier's “blunt framing of their jurisdictional argument ignores the reality” that personal jurisdiction is “assessed ‘with respect to each claim,’” Klausner wrote. The court dismissed claims by Arizona, Indiana, Michigan, North Carolina and Wisconsin for lack of personal jurisdiction. "Judicial economy, as well as the interest of comity, favors trying these claims in courts that are familiar with the applicable law in the states where the alleged injuries occurred," Klausner wrote. “We have received the court’s decision and are reviewing it,” emailed a spokesperson for Wisconsin's attorney general Monday. Michigan's Department of Attorney General is "reviewing the order and considering our options," emailed a spokesperson. North Carolina's DOJ is reviewing the order, per a spokesperson. AGs in Arizona and Indiana didn’t comment, and nor did the carrier.
The FCC Wireline Bureau wants comment by Oct. 18, replies by Oct. 25, in docket 09-197 on Cyber Broadband, Monster Broadband, Seimitsu, Tombigbee Communications and Windstream petitions for eligible telecom carrier designation from winning Rural Digital Opportunity Fund providers, said a public notice listed in Monday's Daily Digest.
The FCC Wireline Bureau released its annual Form 499-A telecom reporting worksheet and instructions for reporting 2021 revenue in 2022, said a public notice Friday in docket 06-122. It also released a quarterly Form 499-Q telecom reporting worksheet and instructions to report this year’s projected and collected revenue.