USTelecom countered an Incompas grandfathering proposal on dark fiber (see 2002060006). Incompas proposed that even if the FCC decides CLECs aren’t impaired without access to dark fiber, “it should nevertheless require incumbent local exchange to indefinitely continue to offer unbundled access to any dark fiber arrangements ordered before January 6, 2020,” USTelecom said in a filing posted Wednesday in docket 19-308: “This outcome would be contrary to the Communications Act, Commission and judicial precedent, and Congressional intent.” USTelecom spoke with Office of General Counsel and Wireline Bureau staff. “USTelecom’s claim of a concession is completely and utterly false,” emailed Incompas CEO Chip Pickering: The Telecom Act “serves as the government’s contract with the people to guarantee they have access to broadband competition. Dark fiber is the bridge to broadband for both urban and rural communities. Cutting it off will leave millions of Americans in the dark.”
USTelecom countered an Incompas grandfathering proposal on dark fiber (see 2002060006). Incompas proposed that even if the FCC decides CLECs aren’t impaired without access to dark fiber, “it should nevertheless require incumbent local exchange to indefinitely continue to offer unbundled access to any dark fiber arrangements ordered before January 6, 2020,” USTelecom said in a filing posted Wednesday in docket 19-308: “This outcome would be contrary to the Communications Act, Commission and judicial precedent, and Congressional intent.” USTelecom spoke with Office of General Counsel and Wireline Bureau staff. “USTelecom’s claim of a concession is completely and utterly false,” emailed Incompas CEO Chip Pickering: The Telecom Act “serves as the government’s contract with the people to guarantee they have access to broadband competition. Dark fiber is the bridge to broadband for both urban and rural communities. Cutting it off will leave millions of Americans in the dark.”
Industry and callers urged caution, in FCC comments on a July Further NPRM on robocalls (see 2007160045) in docket 17-59. The rules offer companies two safe harbors from liability for the unintended or inadvertent blocking of wanted calls, and the FCC sought comment on other ways to protect consumers from robocalls and inform them about blocking efforts. Comments were due Monday on the NPRM, aimed at implementing the Telephone Consumer Protection Act and Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (Traced Act).
USTelecom CEO Jonathan Spalter and Incompas CEO Chip Pickering had video calls with FCC Chairman Ajit Pai on their agreement on whether and how much access LECs need to provide to DS0, DS1, DS3 and operation support systems (see 2008060044). They also spoke with Commissioners Mike O’Rielly, Brendan Carr and Jessica Rosenworcel, said a filing posted Friday in docket 19-308. “The Compromise Proposal was negotiated in direct response to the issues raised in this proceeding and with the intention of bringing an end to the debate over whether and to what extent certain unbundled network elements will continue to be available,” they said: “The proposal recognizes the significant changes in a modern communications market that has seen increased competition for voice and broadband service. It also recognizes that some providers, primarily in less populated areas generally subject to less competition, may still be impaired" without access to incumbent LEC facilities" to offer competitive alternatives.”
The U.S. Court of Appeals for the D.C. Circuit's 2-1 ruling Friday knocking down two FCC conditions on Charter Communications' buying Time Warner Cable and Bright House Networks didn’t get to the merits (see 2008140018). It nonetheless could have implications for future consumer challenges of regulations, said cable attorneys and appellant the Competitive Enterprise Institute in interviews. Industry and public interest lawyers disagree how the ruling will affect a parallel FCC proceeding on sunsetting Charter/TWC/BHN conditions (see 2007230015).
The U.S. Court of Appeals for the D.C. Circuit's 2-1 ruling Friday knocking down two FCC conditions on Charter Communications' buying Time Warner Cable and Bright House Networks didn’t get to the merits (see 2008140018). It nonetheless could have implications for future consumer challenges of regulations, said cable attorneys and appellant the Competitive Enterprise Institute in interviews. Industry and public interest lawyers disagree how the ruling will affect a parallel FCC proceeding on sunsetting Charter/TWC/BHN conditions (see 2007230015).
Charter Communications' interconnection market power seems to have increased since its buy of Time Warner Cable and Bright House Networks, so the FCC's finding in approving that deal that Charter would be able to extract excessive interconnection fees is still true, Incompas officials told an aide to Commissioner Geoffrey Starks, said a docket 16-197 ex parte posting Wednesday. Incompas said the flourishing online video distribution market makes it even more likely Charter would extract access fees if the TWC/BHN merger conditions were lifted as Charter asks (see 2006180050). It said the FCC should gather more evidence about how the interconnection market has been affected by conditions on Charter and on AT&T/Time Warner, and by FCC oversight of interconnection agreements during the net neutrality regime. Charter didn't comment.
FCC Chairman Ajit Pai declared “massive victory” Wednesday as the 9th U.S. Circuit Court of Appeals mostly upheld the agency’s 2018 wireless infrastructure orders on small cells and local moratoria. Industry also applauded the court for rejecting local government claims that the FCC inappropriately preempted their authority in the federal agency’s effort to streamline 5G deployment. The 9th Circuit fully upheld the agency’s one-touch, make-ready (OTMR) order.
The telecom and competitive networks industries reached agreement on whether and how much access LECs need to provide to DS0, DS1, DS3 and operation support systems. USTelecom and Incompas said Thursday the agreement covers numerous interested CLECs and ILECs, and that it's a compromise between the sides. In a filing in FCC docket 19-308, they urged a draft order incorporating the compromise and laid out specifics. They said its dual non-impairment/forbearance approach increases the odds that such an order would be affirmed if appealed. They said the compromise is outside some of what they previously advocated, but it's within the FCC discretion and supported by the record. They said the commission has the authority to also craft a transitional period.
The FCC got broad opposition to a proposal for deregulating telephone access charges in an April NPRM (see 2007070025), in comments posted through Wednesday in docket 20-71. The agency cast the TAC NPRM as a bid to “eliminate outdated and unnecessary regulations” and simplify bills for consumers.