Federal judges questioned AT&T more extensively than the FCC about the company's challenge to partial telecom forbearance orders that left ILECs subject to unsubsidized USF voice service obligations. At oral argument (audio) Thursday in AT&T v. FCC., No. 15-1038, AT&T counsel Benjamin Softness of Kellogg Huber was subjected to questioning for 22 minutes by the three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, while the FCC attorney only had 11 minutes (both had been allotted 15 minutes). Chief Judge Merrick Garland disputed AT&T arguments that were based on census block data the company didn't submit before the agency's decisions, and that the FCC carried a particular evidentiary burden cited by the company. AT&T noted afterward it's appealing two FCC orders concerning eligible telecom carrier obligations and designations, with CenturyLink joining as a petitioner and USTelecom as an intervenor. "Compelling providers to provide service in costly-to-serve areas while refusing to provide them with high-cost universal service support violates the Communications Act’s statutory command that the FCC provide 'sufficient' support," emailed AT&T. "These unfunded mandates cause carriers like AT&T to divert capital dollars to maintain [plain old telephone service], a service that few consumers want, instead of using their capital to expand broadband service." The FCC declined comment.

The Democrat leading the race to be New Jersey governor by a wide margin supports ISP privacy rules. The position, which seems to counter President Donald Trump’s repeal of FCC broadband privacy rules, raised ISP eyebrows and Free Press praise. Meanwhile, gubernatorial candidates in Virginia laid out detailed plans to expand broadband, with the Democrat urging better data and the Republican seeking deregulation to spur private sector deployment. A state cable association said both Virginia candidates need to study, and a municipal advocate said he’s not excited by either’s broadband platform.

New commenters urged the FCC to collect more granular Form 477 company data on broadband and voice services, but industry parties continued to resist, in replies posted Tuesday and Wednesday in docket 11-10 on a Further NPRM. New York City "supports proposals to increase the granularity of the Commission’s data collections, standardize propagation models for mobile broadband collections, collect on-the-ground data, and make more data public," it replied. "Doing so would allow for more reliable and transparent comparison and assessment of broadband deployment."

The business case for 5G investment is still being made, said speakers at a Georgetown Center for Business and Public Policy conference Wednesday. There's huge interest among investors, said Wells Fargo analyst Jennifer Fritzsche. “Wall Street is all in,” she said. “We’re trying to learn as much as we can because many of the companies we follow are very invested.”

Satellite Industry Association Senior Director-Policy Charity Weeden leaving at start of 2018 "to develop a private space consulting practice," she tells us ... Viacom expands role of Senior Vice President Jennifer Zaldivar-Clark to oversee talent for Paramount Network and she remains in that post for talent and communications at TV Land ... Agencies under Department of Commerce announce Performance Review Board members, appointed for two years, including NTIA Associate Administrator-Spectrum Management Paige Atkins, career Senior Executive Service; and FirstNet Chief Administrative Officer Frank Freeman, also career SES.

Oracle topped early Q3 tech sector lobbying disclosures Friday, though many tech and telecom firms had not reported their own totals at our deadline. Oracle spent $3.82 million on lobbying during the quarter, a 90 percent increase from the same period last year. CTIA led industry groups on reported spending $2.14 million in the quarter, down from $2.77 million during the same period last year. Six groups claimed $240,000 in income for lobbying on CTIA’s behalf, and Les Brownlee & Associates reported $30,000 for lobbying for CTIA on behalf of top carriers AT&T, T-Mobile and Verizon. Comcast topped early Q3 communications sector lobbying expenditures, though it hadn't filed its own report yet. Thirty outside firms reported $1.668 million in lobbying income from the company.

AT&T and Verizon supported the thrust of an FCC plan for auctioning USF subsidies for fixed broadband services in areas traditionally served by large carriers. They, CTIA and a few others commented for the first time on proposed procedures for the Connect America Fund Phase II auction of up to $1.98 billion in support over 10 years. Replies were posted Wednesday and Thursday in docket 17-182. The commission largely "got it right," commented AT&T, saying the auction "must be simple enough to enable providers of all sizes, using different technologies, to participate." The design must "enable bidders to maximize efficiencies by allowing them to assemble contiguous networks across census block groups," it said. It disputed concerns package bidding would crowd out smaller bidders (see 1709190002) and urged the FCC to keep anti-collusion rules, while suggesting "modest modifications." Verizon backed the framework and endorsed "targeted changes," including USTelecom proposals to modify package bidding, bid-switching rules and a financial qualifications screen. CTIA objected to "proposals to require additional showings from applicants proposing to use spectrum to provide the supported services (wireless applicants)," including "calls for wireless applicants to include propagation maps in their short-form applications." The Wireless ISP Association also opposed the propagation-map proposal of a rural coalition. Microsoft again sought inclusion of unlicensed "white space" spectrum and backed a WISPA proposal for even broader spectrum use. The Institute for Local Self-Reliance, joined this time by Public Knowledge and other consumer-oriented groups, said "the FCC should only consider bids that cannot cover all premises in the event that there is no bidder that can connect all premises" in an area. Bidders providing "high-quality fixed service" should be preferred over "high-latency satellite options," they said. SpaceX opposed measures "that exclude any technology that meets" baseline criteria. Hughes Network Systems said the FCC should grant its reconsideration petition to change bid weights and should eliminate package bidding and increase bid-switching flexibility from round to round. Repeating its concern about complexity, a rural electric and telco coalition urged the FCC to simplify the auction by "eliminating or substantially modifying its proposal to allow package bidding; prohibiting bidders from switching tiers between rounds; and allowing proxy bidding." It said anti-collusion rules should be altered to let small providers share auction consultants. The American Cable Association supplemented its arguments against package bidding, a proposed "five-point" financial screen, and anti-collusion rules preventing consultant sharing. Also filing again were GeoLinks, Illinois Electric Cooperative and the Rural Wireless Association.

USTelecom pressed the FCC to make Lifeline revisions as a national verifier prepares to launch its screening of consumer eligibility for the low-income subsidy program in six states Dec. 5. The commission should eliminate a rule change "that requires the National Verifier to send, and for providers to obtain, copies of customer certifications," said a filing by the telco group posted Friday in docket 11-42 on a meeting with Wireline Bureau officials to discuss a 2016 petition for reconsideration. It said the FCC should also "specify that a provider is not required to retain any eligibility or recertification information for any subscriber for more than three years after the National Verifier has first recertified such subscriber."

The National Hispanic Media Coalition pressed the FCC to put consumer complaint materials into the open internet docket and seek comment. Though the commission released many documents in response to an NHMC Freedom of Information Act request for complaint materials, "a significant number of carrier responses, consumer rebuttals, emails, and email attachments were omitted from those productions," said the group in a filing posted in docket 17-108 Monday on a meeting with Wireline Bureau and Office of General Counsel officials including Bureau Chief Kris Monteith. NHMC representatives including ex-Commissioner Gloria Tristani made similar but shorter filings (here, here, here) on meetings with aides to Commissioners Brendan Carr, Mignon Clyburn and Jessica Rosenworcel. NHMC said the FCC also apparently hasn't produced any consumer-commission interactions through an ombudsman email address since the prior ombudsman stepped down. "These omissions, which represent a clear failure by the Commission under its FOIA obligations, also make it impossible to conclude how the underlying complaints were ultimately resolved," said the group, which cited arguments for opening a new comment cycle. NCTA and USTelecom opposed (see 1709290049) a motion by NHMC and others (see 1709200033).

Industry generally urged the FCC to streamline Form 477 data reporting duties for broadband and voice providers and be cautious about adding new requirements, particularly if costly. Many backed moving from twice-a-year to annual filings and resisted collection of more granular data, while a few took contrary views. Comments were posted Tuesday and Wednesday in docket 11-10 on a Further NPRM seeking to make industry data, which is used for USF, more useful while scrapping unnecessary burdens (see 1708030026).