Comments are due Dec. 27, replies Jan. 3 on CTIA, ITTA and USTelecom's one-time waiver request for eligible telecom carriers selected for forensic audit, the FCC Wireline Bureau said in Friday's Daily Digest and dockets including 10-90. The associations' Dec. 6 request said such reviews are "similar in all material respects" to biennial audits, so waiver would last for two years following a forensic audit and be for the every-other-year checks.

More municipal broadband-network allies said FCC Commissioner Mike O’Rielly's concerns (see 1812130073) about such ISPs infringing on free speech are off base, while those often opposed to regulation told us they shared such fears. O’Rielly "cannot identify a single instance of a municipal broadband network infringing on anyone’s freedom of speech," said Executive Director Deb Socia of the Next Century Cities group of communities including Austin, Baltimore, Boston, Honolulu, Los Angeles and San Francisco. "Local government officials have a Constitutional obligation to uphold free speech." Others we surveyed also couldn't think of an instance of a public ISP infringing on citizens' First Amendment rights. Baller Stokes President Jim Baller, whose law firm represents local interests, told us he disagrees "with most of Commissioner O’Rielly’s arguments." Others agreed with the commissioner. As they are government-run entities, First Amendment curbs on limiting speech "would likely apply to municipally owned broadband networks," emailed American Legislative Exchange Council Communications and Technology Task Force Director Jonathon Hauenschild. "They would likely face lawsuits and find their terms of service heavily questioned by federal courts." Other than sometimes public ISPs in unserved areas, generally, "such services should not be offered by government in competition with private sector providers," ALEC recommends. O'Rielly is rightly "concerned that muni broadband networks could get into the business of censorship by imposing speech codes that prohibit speech deemed 'impermissible' by local governments," emailed Richard Kaplar of The Media Institute. "The First Amendment protects against such censorship at all levels of government." The institute, which Friday said Kaplar advanced to president-CEO (see personals section), is where the commissioner gave his earlier speech opposing muni broadband that drew opposition, prompting his response in Thursday's blog. NCTA and USTelecom declined to comment Friday.

The House voted 369-47 Wednesday to pass the compromise farm bill (HR-2), with broadband provisions. Telecom stakeholders had mixed reactions to broadband language including revamp of some Rural Utilities Service broadband funding requirements (see 1812110050). The Senate passed the measure Tuesday, meaning it's now headed to President Donald Trump's desk. The farm bill “will ease the regulatory barriers to broadband deployment, help America’s farmers embrace next-generation technologies, and ensure federal resources target the communities most in need of assistance with infrastructure buildout,” said House Commerce Committee Chairman Greg Walden, R-Ore. USTelecom believes the measure is “an important, but still partial, down payment on the public/private partnership necessary” to improve rural broadband deployments, said CEO Jonathan Spalter. “More work remains to ensure scarce federal dollars are reaching truly unserved areas, and we look forward to working with the new Congress.” WTA believes the grant-making authority the farm bill gives to RUS “will complement the existing low-interest loan programs to get broadband out to those rural areas where additional assistance is needed,” said Senior Vice President-Government and Industry Affairs Derrick Owens.

The FCC unanimously adopted an order to offer rural telcos more USF support in exchange for deploying more 25/3 Mbps broadband, as some expected (see 1812100052). The main elements appear largely the same as in a draft (see 1811210032). "Many more rural Americans will have access to high-speed broadband service," said Chairman Ajit Pai. A key lawmaker and RLEC groups praised the rate-of-return USF item -- which includes a reconsideration order and Further NPRM -- approved at commissioners' meeting Wednesday.

Parties backed an FCC effort to improve 911 calling and location accuracy, noting technical challenges. There was broad support for proposals to implement Kari's Law requirements requiring 911 direct dialing from multiline telephone systems (MLTS) in larger enterprises. Industry resisted some potential regulations, particularly on a Ray Baum's Act (see 1812110052) mandate to consider requiring "dispatchable location" information is conveyed with calls to responders. Telecom and VoIP providers, equipment makers, public safety entities, enterprise groups and others filed over 30 comments in docket 18-261 through Tuesday on an NPRM (see 1809260047).

The FCC appears close to inserting an industry safe harbor into a draft order on the agenda for commissioners' meeting Wednesday to create a reassigned number database, officials told us Tuesday. "I expect it to happen," said an agency official, who hadn't seen actual language. Commissioner Brendan Carr's office asked that such a safe harbor be added, said another, who's hopeful the change would occur.

NCTA suggested the FCC link Telephone Consumer Protection Act liability protection to its draft order to create a reassigned phone number database to combat illegal robocalls, scheduled for a vote at Wednesday's commissioners' meeting. There should be "a safe harbor from TCPA liability for callers that make use of the reassigned numbers database contemplated in the draft," filed the group on meeting an aide to Chairman Ajit Pai, posted Wednesday in docket 17-59. Commissioner Mike O'Rielly voiced interest Tuesday in addressing TCPA liability and suggested changes could be made to the draft (see 1812040034). NCTA recommended language to provide a TCPA safe harbor "for callers that consult the reassigned numbers database within 31 days prior to calling and do not have actual knowledge that the number has been reassigned or that their consent to call the number has been revoked." It said there's "broad support" for "such a safe harbor because it would increase the incentive of callers to use the database and thereby reduce the number of calls made to reassigned numbers." The American Cable Association, CTIA, NTCA and USTelecom encouraged the FCC "to address TCPA liability issues promptly and provide a safe harbor for callers" using the database. They suggested "modest modifications" to the draft, including giving the North American Numbering Council at least nine months, instead of six, to issue recommendations for implementing and operating the database and devising fees. They asked the FCC to clarify that NANC "should consider minimizing the burdens on reporting providers as one of its primary goals" and to "build in processes to ensure" the group "can leverage expert and stakeholder input." There should be some flexibility for voice providers on complying with a proposed "45-day minimum aging period" before a permanently disconnected number can be reassigned, they added.

FCC Commissioner Mike O'Rielly wants to act on liability under the Telephone Consumer Protection Act, possibly in a reassigned phone number draft order targeted for the Dec. 12 commissioners' meeting. He backed a draft order to classify SMS and other wireless messaging as Communications Act Title I information services, generally supported a draft order to increase rural telco USF funding and suggested he might soon push for changes to the agency’s administrative law judge process. He spoke to reporters after a Phoenix Center event Tuesday at which he discussed his municipal broadband speech concerns, kidvid efforts and broader process proposals. Also there, supporters of the FCC Title I reversal of Title II net neutrality regulation voiced confidence it will be upheld in court.

The FCC and DOJ disputed a court challenge to a 2017 wireline streamlining order intended to speed transition from copper networks to fiber and other systems, arguing it should be dismissed without merits consideration. Consumer group "petitioners fail to carry their burden to demonstrate" legal standing, the government responded Friday to the 9th U.S. Circuit Court of Appeals in Greenlining Institute v. FCC, No. 17-73283. "Claim of 'associational' standing -- supported by only a single, unsubstantiated sentence in their brief -- is insufficient. They also fail to identify any individual member who could show the required elements of standing." Even if standing is established, petitioner "claims uniformly fail," said the agencies, citing commission decisions as "procedurally proper" and "reasonable," including repeal of a de facto copper retirement rule. Intervenor USTelecom backed rollback of "regulations that both were unlawful and unjustifiably slowed the evolution" of communications networks. The commission "fully notified the public of its concerns," triggering "extensive comments, including from Petitioners" and "eliminated rules the agency found had become 'unnecessary impediments to modern transformations in network hardware and technology," argued (in Pacer) the group, also disputing petitioners' standing. Greenlining and other consumer groups argued the FCC arbitrarily and abruptly scrapped telco consumer safeguards (see 1809270036).

Rural telco groups endorsed a draft FCC order to offer increased USF support to rate-of-return carriers in exchange for more 25/3 Mbps broadband deployment, tentatively set for a Dec. 12 vote (see 1811210032). The draft "would take substantial steps toward fulfillment of statutory mandates with respect to predictability and sufficiency, promote the effectiveness of existing USF support mechanisms," promote network investment, and ensure service availability "on a reasonably comparable basis between rural and urban areas," filed NTCA, on meetings with aides to all commissioners and with Wireline Bureau staffers (here and here), posted through Friday in docket 10-90. Meeting aides to Chairman Ajit Pai and Mike O'Rielly, ITTA backed "increased funding for A-CAM [Alternative Connect America Cost Model] carriers and attendant commitments to buildout at additional locations at speeds of 25/3 Mbps; ensuring sufficient and predictable support for legacy rate-of-return carriers; a new model offer for legacy carriers; and separate budgets for the model-based and legacy programs." Nebraska A-CAM Companies support "adoption of a voluntary offer of additional funding up to $200/month per location for existing A-CAM recipients, with modified deployment obligations, as set forth in the draft order," filed consultant Carol Mattey, on meetings with O'Rielly and aides to all commissioners (here and here). They backed "extending a new offer of A-CAM support to all companies not currently receiving A-CAM support and would not limit such an offer to those companies that would receive less support under the model than their current support." USTelecom discussed with O'Rielly aides how the draft compared with proposals submitted by associations and "addressed the potential impacts of a second ACAM offer and the lack of a challenge process in determining overlap."