State enforcers of net neutrality report no legal actions against ISPs more than five years after the laws took effect. A Communications Daily public records request showed that Washington state’s attorney general's office received 21 complaints related to net neutrality since enacting its first law in March 2018, but most were resolved informally. Half the states with such laws told us they hadn’t received complaints.
USTelecom asked the FCC to ensure providers have flexibility to comply with any new call blocking rules (see 2309110060). The group told Consumer and Governmental Affairs Bureau staff that many providers rely on the USTelecom-led Industry Traceback Group's do-not-originate (ITG DNO) list and expanding the DNO requirement "could force providers to inefficiently allocate resources to measures that will not have the highest protective impact for their customers and networks," said a filing posted Wednesday in docket 17-59. USTelecom also warned "any signal from the commission" that the ITG DNO list doesn't meet a provider’s "applicable reasonable DNO requirement" would "call into question whether it makes sense for the ITG to continue to maintain its DNO list" and "whether providers could continue to rely on it."
Trade groups critical of the FCC’s digital discrimination order disagreed Wednesday with members of its Communications Equity and Diversity Council about the order’s breadth. The order “covers every aspect” of an ISP’s service and could lead to companies slowing the rollout of service in some communities to avoid the appearance of discrimination, said Diana Eisner, USTelecom vice president-policy and advocacy, at an FCBA CLE. “Given the scope of the problem,” it was appropriate for the FCC to create a rule that could tackle multiple forms of discrimination, said Leo Fitzpatrick, policy analyst at The Utility Reform Network and a former CEDC member.
The Advisory Council for Historic Preservation (ACHP) Thursday released an update to its 2017 program comment, aimed at speeding the approval of 5G and other deployments under Section 106 of the National Historic Preservation Act (NHPA). The agreement wraps in changes including those in the FCC’s 2020 order addressing equipment compound expansions as part of collocation (see 2010270043), industry officials said, noting it's largely an extension of prior decisions. The program comment also now applies to every federal agency, a change from the 2017 document. “The purpose of the amendment is to assist federal agencies in efficiently permitting and approving the deployment of wired and wireless next generation technologies of communications infrastructure, including 5G, to connect all communities with reliable, high-speed Internet,” the revised program comment says: “The Program Comment provides an alternative way for federal agencies to comply with Section 106 to take into account the effects of undertakings under its scope on historic properties and afford the ACHP a reasonable opportunity to comment on them.” ACHP notes the document comes as companies start to deploy broadband using $65 billion provided under the 2021 Infrastructure Investment and Jobs Act and was updated at the request of the NTIA. “All wireless deployments start with a permitting application, but too often our enhanced connectivity goals are quickly ensnared in red tape,” emailed Wireless Infrastructure Association President Patrick Halley. By amending the comment “to apply across the federal ecosystem, these agencies have taken a critical step today for increasing predictability in federal broadband permitting,” he said. The collaborative effort is “the kind of action we need to hasten broadband deployment by ensuring our permitting policies are more predictable, proportionate, and transparent across the board,” Halley said. “It’s crucial to speed up the permitting process and lower barriers to broadband buildout, especially as more federal deployment funding dollars start to flow,” said USTelecom President Jonathan Spalter.
Utility companies and some industry groups urged the FCC to maintain its current rules for pole attachment application processes, noting the commission recently adopted new rules to help facilitate the process to expedite and streamline broadband deployment. Some ISPs said process delays remain and backed FCC-established timelines for larger pole attachment orders. Reply comments were posted Thursday in docket 17-84 (see 2402140048).
Twenty industry and business groups, including CTIA, USTelecom and the U.S. Chamber of Commerce, seek expedited briefing and oral argument on their consolidated petitions for review challenging the lawfulness of the FCC’s Nov. 20 digital discrimination order (see 2402290002), said their motion Wednesday (docket 24-1183) in the 8th U.S. Circuit Court of Appeals.
FCC commissioners approved 5-0 a voluntary cyber trust mark program based on National Institute of Standards and Technology criteria during their open meeting Thursday. As expected, commissioners noted changes in the item since a draft circulated three weeks ago (see 2403130047). Also, as expected, the FCC will ask additional questions in a further notice about software and hardware from countries of national security concern and whether data from U.S. citizens will be stored abroad. The FCC was under pressure to make changes.
USTelecom asked the FCC to grant broadband providers forbearance from Communications Act Section 214 requirements if it reclassifies broadband as a Title II service, meeting separately with aides to Chairwoman Jessica Rosenworcel and Commissioners Nathan Simington and Brendan Carr. Imposing Section 214 requirements on broadband providers would "undermine innovation and investment in the broadband marketplace," the group said in an ex parte filing posted Thursday in docket 23-320. While USTelecom continued opposing the commission's proceeding on Title II reclassification, it also asked that the FCC limit any obligations to "requiring broadband providers to have an international Section 214 authorization to enter the marketplace" (see 2310190020). Verizon raised similar concerns in a meeting with staff of the Wireline Bureau, Wireless Bureau, Office of International Affairs, Public Safety and Homeland Security Bureau, and Office of General Counsel.
Meagan Foster, former chief of staff for Sen. Peter Welch, D-Vt., and former staffer at NTCA and USTelecom, joins Cozen O’Connor Public Strategies as senior principal with tech focus … Cable One elevates Ken Johnson to chief operating officer ... Metronet promotes Joe Salerno to senior director-business development ... Ericsson promotes Rebecca Rohr to chief compliance officer, succeeding Jan Sprafke, departing “to pursue other opportunities” … FuboTV adds Neil Glat, Sportfive, also former NFL, to its board ... CommentSold, video commerce platform, hires Filip Vítek, ex-Flaconi, as executive vice president-AI and data ... Incompas creates AI Center with MLC Strategies’ Mignon Clyburn, former FCC commissioner; Colin Crowell, The Blue Owl Group managing director; Rob Hale, Granite Telecomm CEO; Milo Medin, Google vice president-access and wireless services; and Robert Robbins, University of Arizona president, as advisers.
Industry widely opposes the FCC's proposal to adopt additional reporting requirements for providers as part of the commission's efforts to combat digital discrimination. Commissioners sought comment on an NPRM proposing to adopt annual reporting and internal compliance program requirements following a November order adopting rules to curb discrimination (see 2401310052). Comments were posted Tuesday in docket 22-69. Consumer advocates and state officials urged the FCC to adopt the proposed requirements and establish an Office of Civil Rights within the commission.