Big business interests seek to “run out the clock” to avoid California legislators voting on broadband privacy rules based on the FCC rules repealed by President Donald Trump and Republicans in Congress, privacy advocates told us this week. The California legislature has a Sept. 15 deadline to pass pending legislation, but the state's chamber of commerce asked the state Senate leader to hold the privacy bill and he hasn't scheduled a vote. Meanwhile, big wireless companies are pushing for passage of small-cells legislation, but local governments remain opposed and plan to take the fight to the governor's office, a local lobbyist said.

FCC Chairman Ajit Pai is unlikely to press for rules that would allow corrections facilities to deploy cell jammers to combat contraband cellphones, despite an apparent go-ahead last week from DOJ, former commission officials said. Corrections officials pressed the FCC to allow jamming, but industry officials said there would be a huge fight from carriers. Pai has raised concerns about the flood of contraband devices reported by correctional officials.

Friday heading into the three-day Labor Day weekend saw the FCC issue a slew of announcements, including one after business hours. Similar moves in the past drew fire as seemingly aimed at avoiding attention. Now, the actions raised the eyebrows of one open governance expert. Others defended the agency.

Groups and 12 Senate Democrats asked for more time to comment on the FCC inquiry into advanced telecom capability (ATC) deployment (see 1708110034). Without a delay, initial comments are due Thursday, replies on Sept. 22. The groups asked for an eight-week extension. “In addition to broad implications of the result of this proceeding, the questions raised therein are directly tied to questions posed in other, related proceedings,” said a filing in docket 17-199. “As those proceedings also have open comment windows that extend in some cases into October, it would be reasonable for the Commission to extend the deadlines in this proceeding.” The notice of inquiry on whether ATC is being rolled out to all in a reasonable and timely way under Telecom Act Section 706, launched in early August, proposes to keep the current 25/3 Mbps speed benchmark for fixed broadband. “Such substantial shifts in policy require greater consideration and debate, something that the current schedule for comment does not allow,” said Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and the other senators. They raised concerns about the NOI’s desire for comment on whether an area should be considered “served” if mobile service of 10 Mbps download/1 Mbps upload is available. “While we recognize and welcome the possibility that technology may one day evolve to a point where mobile broadband options could be deemed equivalent to fixed broadband services, that is not the case today,” they said. “Such a striking change in policy would significantly and disproportionately disadvantage Americans in rural, tribal, and low income communities across the nation, whose livelihoods depend on a reliable and affordable broadband connection.” For the groups' letter, signers included New America’s Open Technology Institute, the American Library Association, Center for Democracy & Technology, Center for Media Justice, Common Cause, Computer & Communications Industry Association, Incompas, National Hispanic Media Coalition and Public Knowledge. The FCC didn't comment.

Groups and 12 Senate Democrats asked for more time to comment on the FCC inquiry into advanced telecom capability (ATC) deployment (see 1708110034). Without a delay, initial comments are due Thursday, replies on Sept. 22. The groups asked for an eight-week extension. “In addition to broad implications of the result of this proceeding, the questions raised therein are directly tied to questions posed in other, related proceedings,” said a filing in docket 17-199. “As those proceedings also have open comment windows that extend in some cases into October, it would be reasonable for the Commission to extend the deadlines in this proceeding.” The notice of inquiry on whether ATC is being rolled out to all in a reasonable and timely way under Telecom Act Section 706, launched in early August, proposes to keep the current 25/3 Mbps speed benchmark for fixed broadband. “Such substantial shifts in policy require greater consideration and debate, something that the current schedule for comment does not allow,” said Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and the other senators. They raised concerns about the NOI’s desire for comment on whether an area should be considered “served” if mobile service of 10 Mbps download/1 Mbps upload is available. “While we recognize and welcome the possibility that technology may one day evolve to a point where mobile broadband options could be deemed equivalent to fixed broadband services, that is not the case today,” they said. “Such a striking change in policy would significantly and disproportionately disadvantage Americans in rural, tribal, and low income communities across the nation, whose livelihoods depend on a reliable and affordable broadband connection.” For the groups' letter, signers included New America’s Open Technology Institute, the American Library Association, Center for Democracy & Technology, Center for Media Justice, Common Cause, Computer & Communications Industry Association, Incompas, National Hispanic Media Coalition and Public Knowledge. The FCC didn't comment.

Mexico and Canada are resisting a U.S. push to raise their de minimis levels to the U.S.’s $800 threshold, and the U.S. faces time pressures on other NAFTA issues, including dispute settlement and rules of origin, unofficial advisers involved in NAFTA negotiations said in recent interviews. The U.S. and Mexico, in particular, are hoping to conclude NAFTA renegotiations by the end of 2017, with three weeks between rounds, a comparatively short timeline for trade agreement talks that also demands negotiators act more quickly than in past U.S. negotiations, the advisers said. The three NAFTA parties are undertaking the second round of renegotiations in Mexico City Sept. 1-5.

Dish Network designated entities SNR and Northstar and the FCC should be able to reach mutually agreeable terms over Dish's de facto control of the companies regarding the AWS-3 spectrum, after Tuesday's appellate court ruling (see 1708290012), insiders told us. "We believe an agreement can be reached and that the FCC will act in good faith," a person involved with the DEs said.

The Internet Association warned the FCC it's destined for a court fight if the agency reverses 2015 net neutrality rules, as a related hearing may be delayed. With replies due Wednesday in docket 17-108, the FCC reached the final stage on its NPRM, before approval of rules most observers believe will be ready by year-end. The agency offered extra time to write comments, but industry lawyers told us they don’t expect many surprises, though staff still face a big job processing everything that was filed.

The Internet Association warned the FCC it's destined for a court fight if the agency reverses 2015 net neutrality rules, as a related hearing may be delayed. With replies due Wednesday in docket 17-108, the FCC reached the final stage on its NPRM, before approval of rules most observers believe will be ready by year-end. The agency offered extra time to write comments, but industry lawyers told us they don’t expect many surprises, though staff still face a big job processing everything that was filed.

Dish Network designated entities SNR and Northstar and the FCC should be able to reach mutually agreeable terms over Dish's de facto control of the companies regarding the AWS-3 spectrum, after Tuesday's appellate court ruling (see 1708290012), insiders told us. "We believe an agreement can be reached and that the FCC will act in good faith," a person involved with the DEs said.