The National Hispanic Media Coalition and others disputed objections to their motion to put consumer complaint materials into the FCC record of the current open internet proceeding and to seek comment on them; cable and telco groups had questioned the complaints' relevance (see 1709290049). NCTA and USTelecom ignore "that the very questions raised by the Commission in the Internet NPRM demonstrate the relevance of these materials," including an agency query about evidence of consumer harm, said a filing posted Friday in docket 17-108 by NHMC and eight of the 20 other groups that had joined the initial motion (see 1709200033). Separately, NCTA knocked "erroneous claims" made in Incompas' reply comments about "broadband providers' purported incentives to act anticompetitively" in the market. "These assertions conflict with the weight of the evidence in the record and present no hurdle to restoring a Title I classification of broadband" under the Communications Act, the NCTA filing said.

The Senate Commerce Committee advanced NTIA Administrator nominee David Redl on a voice vote (see 1710040014). Now, he must overcome a hold from Sen. Ted Cruz, R-Texas, that again threatens to hinder the nominee's path to a final Senate vote. Cruz didn't vote against advancing Redl out of committee but said his long-standing concerns over Redl's position on the 2016 Internet Assigned Numbers Authority transition haven't been fully resolved. Senate Commerce twice delayed a vote on Redl over Cruz's concerns, leading to rising lobbyist doubts about Redl's prospects (see 1706280027, 1706280061, 1708020052 and 1708160034).

Federal, state and private sector stakeholders are expected to point to existing efforts to combat robocalls during a Wednesday Senate Aging Committee hearing, lobbyists told us and witnesses said in prepared testimony. The hearing is to begin at 9 a.m. in 562 Dirksen. Meanwhile, Senate Commerce Committee members urged the FCC Tuesday to continue work to create a database for reassigned numbers to help curb unwanted robocalls. The agency has been exploring creation of the database as part of its NPRM and notice of inquiry targeting “spoofed” robocalls (see 1703230035 and 1709270067).

Telcos urged the FCC to give RLEC near-term broadband relief from USF contributions, but consumer advocates said the commission should assess all broadband service in an overhaul of the system funding the subsidy program. USTelecom and NTCA noted no opposition (see 1709140052) to their petition for temporary forbearance from application of USF contribution requirements to rural carrier broadband internet transmission services until the agency settles how all broadband services should be treated. "Commenters agree that the disparate treatment amongst broadband internet access service providers when it comes to federal USF contribution assessments highlights the need for USF reform," they replied in docket 17-206 Thursday. The Eastern Rural Telecom Association also backed the petition: "To not grant temporary forbearance would mean a continuation of this discrimination of this subset of RLEC broadband customers." The National Association of State Utility Consumer Advocates noted there were only three initial comments and said it agreed with the Pennsylvania Public Utility Commission's view that contribution "reform" is needed. "All carriers’ broadband services should contribute to the USF, especially now that all the USF programs support broadband, and support for voice service is being phased out," NASUCA said. "The upcoming USF contribution factor will be 18.8% [of carrier interstate and international end-user telecom revenue], the highest ever, largely because of the low level of assessable non-broadband revenues. Rather than forbear from having the [rate-of-return] carriers contribute, the Commission should expeditiously extend the contribution requirement to all providers of broadband services." The group said RLEC relief "can't reasonably be granted, if at all" until the FCC receives a federal-state joint board recommendation.

With a Senate confirmation vote expected Monday giving Chairman Ajit Pai another five years at the FCC (see 1709280056), some observers said the agency may be gearing up for a November vote on the net neutrality NPRM, instead of waiting until December. Pai wants to get net neutrality behind him so he can focus on other issues, observers said. Officials from industry, at the FCC and on Capitol Hill said Friday a November vote may be ambitious. The FCC is still sorting through the millions of comments.

Capitol Hill Democrats unveiled a proposal Thursday for a $40 billion investment in broadband deployments in rural, urban and tribal areas, part of their “A Better Deal” economic agenda. The broadband proposal would rely on a mix of public and private participation, including involvement from ISPs and local governments, Democrats said in a white paper. “The electricity of 2017 is high-speed Internet,” the Democrats said in a parallel to the Great Depression-era push to expand electric power deployment. “This is a really good deal,” said Sen. Joe Manchin, D-W.Va., during a news conference: Urban areas “take this for granted.” Sen. Ed Markey, D-Mass., said, "Whether you are in the Berkshires or Bozeman, the infrastructure that connects Americans to each other is helping spur economic growth and democratic action.” Sens. Debbie Stabenow, D-Mich., and Jon Tester, D-Mont.; and Reps. Cheri Bustos, D-Ill., Ann McLane Kuster, D-N.H., Rick Nolan, D-Minn., and Terri Sewell, D-Ala., also joined in unveiling the plan. The lawmakers said they would pursue inclusion of their plan in a broadband title in a forthcoming infrastructure legislative package and could also pursue including it in future appropriations bills. The proposal drew laudatory statements from some. "Closing the digital divide won’t be easy or inexpensive, but an economic jump-start for areas without access to broadband internet service will be worth the investment and remains a national priority," said USTelecom CEO Jonathan Spalter. CTIA is “encouraged by today’s announcement by Democrats highlighting the importance of expanding rural broadband access,” said Senior Vice President-Government Affairs Kelly Cole. “The wireless industry stands ready to work with all policy makers to enact policies that will support investment and deployment of infrastructure that will increase connectivity for all Americans.”

The FCC 2015 net neutrality and broadband reclassification order came under attack from critics asking the Supreme Court to review the decisions of the U.S. Court of Appeals for the D.C. Circuit upholding the order, as expected (see 1709280029). The American Cable Association, AT&T, Daniel Berninger, CenturyLink with USTelecom, CTIA and NCTA filed cert petitions challenging the commission's order and appealing D.C. Circuit affirmations. TechFreedom said it also expected to file Thursday, the deadline.

AT&T asked the Supreme Court to review an appellate court's affirmation of the FCC's 2015 net neutrality order under Communications Act Title II. It challenged the commission's authority to reclassify fixed and mobile broadband internet access service as Title II telecom services, and to reclassify mobile broadband internet access service as a "commercial mobile service," both subject to common carrier regulation. "In 2015, acquiescing to unprecedented White House pressure, the FCC repudiated its prior interpretation and subjected Internet access service to extensive common carrier regulation," said an AT&T cert petition in AT&T v. FCC, appealing the rulings of the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC).

NCTA senior vice presidents retiring, effective this fall: Jadz Janucik, association affairs, and Barbara York, industry affairs ... Sheppard Mullin adds as partner Liisa Thomas from Winston & Strawn as co-leader, Privacy and Cybersecurity practice ... Leaving ICANN: Vice President-Government Engagement Anne-Rachel Inne ... Cox Communications promotes Philip Nutsugah to senior vice president-product development and management; Steve Necessary, who led major video initiatives and managed product portfolio, retiring, effective at year's end ... Salem Media Group promotes Steve Brodsky to general manager San Diego cluster KPRZ(AM) San Marcos-Poway and KCBQ(AM) San Diego.

Parties are divided over whether broadband is being rolled out adequately across the country to satisfy a statutory mandate. Telco and cable heavyweights said broadband-like advanced telecom capability (ATC) is being deployed in a "reasonable and timely fashion" to all Americans pursuant to Telecom Act Section 706. But consumer groups, smaller providers and others cited shortcomings in availability and said the commission should consider affordability and other factors. There were disagreements over methodology and whether the FCC could make a positive ATC finding based on the presence of either mobile or fixed service, or whether both were required. Further comments (see 1709210061) on a notice of inquiry were posted Thursday and Friday in docket 17-199.