With the EU top data watchdog lining up against Privacy Shield, some observers said the proposed EU-U.S. trans-Atlantic data transfer agreement is on shakier ground -- and the opposition could delay its approval. European Data Protection Supervisor Giovanni Buttarelli's opinion issued Monday came days after the European Parliament issued a resolution saying that both sides need to continue negotiations to fix "deficiencies" on weak data protections and a complex redress system (see 1605260024).
With too little competition among broadband providers, FCC-proposed privacy rules for ISPs are critical to protect consumers, said a Public Knowledge-led coalition in comments posted Tuesday. Comments were due at the FCC Friday (see 1605270057), amid speculation that the final rules will look much like those proposed by the FCC (see 1605270022). “A provider can paint a detailed composite portrait of a user’s life solely from basic header information such as IP addresses, ports, and timing,” PK said in docket 16-106.
With comments due Friday on the FCC ISP privacy NPRM, rules are expected to track very closely what was proposed by Chairman Tom Wheeler and approved by a sharply divided commission March 31 (see 1603310049), many stakeholders said in interviews last week. The big wild card is that because Wheeler likely will need full support of both Democrats, Jessica Rosenworcel and Mignon Clyburn, the rules may have to be tweaked to get both on board, they said. Comments were still rolling in at the FCC (see 1605270033)
Verizon fought a Communications Workers of America challenge to an extension granted by the New York Public Service Commission in the state’s probe of copper service quality. The PSC secretary last week granted Verizon’s request to extend its deadline for filing testimony until 45 days after the end of the East Coast strike (see 1605120048). But CWA said the PSC acted too quickly to grant the request for more time (see 1605180042). The PSC didn’t take more time because the telco’s request was reasonable, Verizon said in a filing Monday. Meanwhile, Verizon and the CWA continued federal mediation to resolve the six-week-old East Coast strike, which analysts say has dented the company's wireline revenue (see 1605200060).
House lawmakers were poised to pass several telecom measures under suspension of the rules on the floor at our deadline Monday -- the Kari’s Law Act (HR-4167); the Securing Access to Networks in Disasters Act (HR-3998); HR-2589, which would require the FCC to post online any changes to commission rules within 24 hours of receipt of dissenting statements; and the Kelsey Smith Act (HR-4889). But Democrats objected to the Kelsey Smith Act, citing its loss of privacy protections, and demanded a roll call vote set for Monday evening.
The Communications Security, Reliability and Interoperability Council meets June 22, the FCC said in Friday's Federal Register. CSRIC approved five working groups' recommendations at the council's last meeting in March, including a set of best practices on 911 call rerouting between public safety answering points and several reports on the security of other communications systems (see 1603160061). The June meeting is set to begin 1 p.m. in the Commission Meeting Room, a notice said.
Charter Communications urged a federal court to allow its IP transition case against the Minnesota Public Utilities Commission to proceed. The company supported an April 21 magistrate judge report recommending that the U.S. District Court in Minnesota deny the PUC’s motion to dismiss Charter’s complaint challenging state authority over interconnected VoIP services. The PUC objected to that recommendation on May 5 (see 1605060027). Charter’s complaint alleged the PUC overstepped its authority by imposing state regulations for traditional phone services on VoIP services. The case began in March 2013, when Charter transferred overnight 100,000 Minnesota customers to an affiliate that provided VoIP phone service that wasn't certified by the PUC. The agency has argued that interconnected VoIP is a telecom service subject to state regulation, but Charter and intervenor the VON Coalition have said it’s an information service and subject only to FCC regulation. “It is well-established that federal law preempts state public utility regulation of services classified as ‘information services’ under the Communications Act,” Charter said Thursday in a formal response (in Pacer) to the PUC’s objections. The FCC hasn't resolved the classification of interconnected VoIP, it said. The court’s decision on the motion won't be a ruling whether states can regulate interconnected VoIP, but will commence the trial phase of the case.
AT&T filed a legal challenge to an FCC business data service (BDS) tariff order barring certain ILEC pricing practices that the agency said harm competition and slow the IP transition (see 1604280057 and 1605030001). In a petition for review filed last week that was made available Tuesday, AT&T asked the U.S. Court of Appeals for the D.C. Circuit to vacate the order "on the grounds that it is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. § 701 et seq.; violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and Commission regulation promulgated thereunder; and is otherwise contrary to law." The FCC had no comment. The order prohibited prospectively the "all-or-nothing" discount plans of AT&T, CenturyLink, Frontier Communications and Verizon, and sought further comment on how to treat existing plans. It also found AT&T, Frontier and Verizon were charging excessive shortfall penalties to customers with volume commitments, and AT&T and Frontier were charging excessive early termination fees to customers with term commitments. The telcos were given 60 days to change their tariffs. Frontier indicated it doesn’t plan to file an appeal at this time. CenturyLink and Verizon didn't comment.
Nationwide number portability raises several challenges and concerns, including about duplicative costs if carried out before the IP transition is complete, but it shouldn't affect phone number exhaustion, the North American Numbering Council said in a report Monday to the FCC. NANC recommended the commission do a more detailed public inquiry on the potential costs of nationwide number portability (NNP) and associated cost recovery; the impact on tolls, tariffs and taxes; potential negative fallout for state regulators; possible uniform 10-digit dialing; and potential federal rule changes. The report was approved without dissent among NANC's voting members.
Federal funding for 911 will likely be hard to come by for the foreseeable future, said the ranking Democrat on the House Commerce Committee at the APCO Summit Monday. Republicans usually block new funding efforts, and no spectrum auction legislation is on the horizon, said Rep. Frank Pallone and his telecom aide, David Goldman. States and localities will be the biggest source of 911 funding, said an FCC official.