AT&T's proposal for Congress to pursue an “Internet Bill of Rights” on net neutrality that “applies to all internet companies” drew swift condemnation Wednesday from the Internet Association and praise from several communications sector groups. “End the debate once and for all, by writing new laws that govern the internet and protect consumers,” said AT&T CEO Randall Stephenson in an open letter. “Legislation would not only ensure consumers’ rights are protected, but it would provide consistent rules of the road for all internet companies across all websites, content, devices and applications. In the very near future, technological advances like self-driving cars, remote surgery and augmented reality will demand even greater performance from the internet. Without predictable rules for how the internet works, it will be difficult to meet the demands of these new technology advances.” AT&T is running such advertisements. “It is impossible to believe that AT&T is serious when they have such a long track record opposing consumer protections like net neutrality,” an IA spokesman emailed. “IA and our members support” planned Congressional Review Act resolution of disapproval aimed at undoing the FCC's order to rescind its 2015 net neutrality rules and that has support of all 49 Democratic senators and Sen. Susan Collins, R-Maine. “We support strong, enforceable net neutrality rules, which were consumer protections on the books until AT&T and their allies had their way” via the FCC rescission order, the IA spokesman said. USTelecom CEO Jonathan Spalter lauded AT&T's proposal “and encourage[d] our Congressional leaders to work together to enshrine net neutrality principles into law.” The Internet Innovation Alliance said it has “long advocated for Congressional legislation that would make permanent the core principles of an open Internet. Only Congress can craft a unified regulatory framework that would apply to all entities in the Internet ecosystem and provide the nation’s consumers and businesses with the online protections they deserve.”
District of Columbia Attorney General Karl Racine will propose net neutrality legislation to the D.C. Council, an AG office official said Wednesday at a Council Government Operations Committee roundtable on a resolution condemning the FCC’s December decision to rescind Communications Act Title II protections. D.C. interim Chief Technology Officer Barney Krucoff and Public Service Commission Chairman Betty Ann Kane also supported the resolution, though Kane noted the PSC can’t regulate broadband internet access service (BIAS) providers or the internet.
USTelecom and ITTA voiced concerns about an FCC Connect America Fund auction draft order on the tentative agenda for commissioners' Jan. 30 meeting (see 1801090050). USTelecom focused on a reconsideration issue raised by some about a potential gap between location commitments identified by a broadband cost model "and the number of locations that may actually exist on the ground in the CAF Auction eligible CBGs [census block groups]," said a filing posted Monday in docket 10-90 on a meeting telco officials had with an aide to Commissioner Brendan Carr. "Our due diligence effort revealed approximately 18% fewer locations in these CBGs. Because paragraph 25 of the Draft Recon Order would require auction winners to build out to the number of locations identified in the model regardless of the actual number of locations, a location deficit of this size could significantly reduce participation." There's "concern with Section III.D.1. of the Draft Order, regarding how to address the 'locations gap' in the [CAF Phase II] auction context," said ITTA on meetings it, NTCA, WTA and Vantage Point had with aides to Commissioners Mignon Clyburn and Jessica Rosenworcel. "Vantage Point found an overestimation of model-identified locations in 85 percent of 144 exchanges, with an average discrepancy of approximately 22 percent between model-identified locations and 'real-world' locations." Adtran said the draft "inaccurately describes" relief it requested, asking the FCC to correct the record. Hughes Network Systems reported on a meeting last week it said should have been submitted earlier due to an "inadvertent error." Kansas and Oklahoma rural telcos asked for actions to address a USF "shortfall" affecting cost-based rate-of-return telcos.
USTelecom welcomed the National Institute of Standards and Technology's second draft of its Cybersecurity Framework (see 1712060043), calling it a "substantial improvement" over the first draft. "While Draft 2 of Version 1.1 addresses for the first time other important cybersecurity challenges such as supply chain risk management and coordinated vulnerability disclosure, this submission places its primary focus on cybersecurity measurement," said USTelecom comments Friday. "Applying this maturing discipline to an organization’s self-assessment of cybersecurity risk and risk management is at the heart of individual organizations’ efforts to develop effective, customized methods to conduct cybersecurity risk management." The Internet Security Alliance said the new draft is a "significant step" toward becoming "cost-effective, prioritized and supported by appropriate incentives."
The FCC would conclude mobile broadband isn't a full substitute for fixed broadband, and maintain a fixed service benchmark of 25/3 Mbps, Chairman Ajit Pai said Thursday on a draft report he circulated with commissioners under Section 706 of the Telecom Act. Taking a "holistic approach," the draft would say the FCC is "meeting its statutory mandate" to promote broadband on a reasonable and timely basis, though more actions are needed, he said. A notice of inquiry asked whether 10/1 Mbps mobile broadband might be a fixed substitute for purposes of advanced telecom capability (ATC) deployment, a suggestion Democratic commissioners and others opposed (see 1709200042 and 1710100053).
A draft FCC order would give $500 million in new funding to cooperatives and other small rural carriers, and set "strong new rules to prevent abuse of the high-cost program," the agency said Tuesday. The item circulated by Chairman Ajit Pai to colleagues proposes changes intended to improve the high-cost USF program's "effectiveness and efficiency in promoting rural broadband deployment, including the use of a Tribal Broadband Factor to enable better access on Tribal lands," said a release. It contains a report and order, an order on reconsideration and an NPRM, an FCC official told us. An agency spokesman confirmed the tribal broadband factor proposal is in the NPRM.
Telcos pressed the FCC to act on a request for RLEC business data service deregulation. Industry officials stressed that new rules must become "effective by the end of 2018, so as to avoid model-based rate-of-return carriers having to perform highly resource-intensive cost studies for 2019," said an ITTA filing posted Wednesday in docket 17-144 on a discussion with an aide to Chairman Ajit Pai, which was joined by representatives of USTelecom, Consolidated Communications and TDS Telecom. An ITTA/USTelecom petition seeks a rulemaking to permit rate-of-return carriers receiving model-based USF support to opt into relaxed business data service regulations provided to larger, price-cap carriers (see 1708220025). The "regulatory relief sought by the Petition will help to promote the transition to IP-based networks by providing carriers incentives to invest in IP-based, Ethernet services," said the ITTA filing. "Therefore, we reiterated that it is critical that the Commission in the near term release a Notice of Proposed Rulemaking seeking comment on the petition’s proposals." The proposal faces resistance from Sprint and others (see 1707060051 and 1707070030).
House Communications Subcommittee Republicans delivered their opening legislative response Thursday to President Donald Trump's executive actions aimed at improving broadband deployments in rural areas. Trump signed an executive order and presidential memo Monday on rural broadband issues (see 1801080063), which some communications sector officials and lobbyists have since said they view as limited in scope. Several lobbyists told us before the Thursday announcement that legislation from telecom-focused lawmakers would be needed to bolster Trump's actions.
FCC Chairman Ajit Pai said he plans to circulate soon a rural high-cost USF item, which he said would explore an appropriate budget and other ways to increase program certainty. The aim is to spur broadband deployment without inviting inefficient investment or operations, he said. Pai has been making increasing noises about updating rate-of-return USF funding rules (see 1711030065 and 1712210041), but his comments in a recent letter were his most explicit yet on expected action. He responded Dec. 19 to an Oct. 30 letter from Rep. John Ratcliffe, R-Texas, who asked the FCC to address a funding "shortfall" impeding the broadband efforts of smaller rural carriers. Both letters were posted Wednesday in docket 17-18.
Democratic state lawmakers are promising another run at ISP privacy rules this year as legislative sessions open. Legislators recently introduced fresh bills countering congressional repeal of the FCC broadband privacy rules in states including Florida, Kentucky, Vermont and Wisconsin (see 1801080044), and many of last year’s state bills that didn’t get final votes will carry over into 2018 sessions, said state legislative association officials. State lawmakers backing the bills told us they’re not daunted by 2017 failures or possible federal pre-emption. But the more recent controversial take-back of 2015 FCC net neutrality rules is spurring many state bills and could take attention from privacy (see 1712210034), some observers said.