The Save the Internet Act net neutrality bill (HR-1644) remains likely to clear a Tuesday House Communications Subcommittee markup but by a potentially narrow margin, lobbyists told us. All sides of the net neutrality policy debate say the more dramatic aspect they will monitor is whether enough House Communications Democrats end up supporting an expected set of GOP-sponsored amendments aimed at altering the bill’s intent. The markup is to begin at 10 a.m. in 2123 Rayburn.

CLECs urged the FCC to deny ILECs relief from an "avoided-cost resale requirement," at least for TDM-based phone service over copper loops, as USTelecom requested in a forbearance petition targeting Telecom Act wholesale network-sharing duties. USTelecom hasn't met its burden to demonstrate that the public and competition "will be advantaged by forbearance from that requirement," and a Dec. 28 AT&T letter "provides no basis for the Commission to conclude otherwise," filed Granite Telecommunications, Manhattan Telecommunications and AccessOne, posted Thursday in docket 18-141. They derided "baseless" AT&T arguments attempting "to explain away the inadequacy" of petition information and data by asserting the FCC need not analyze relevant TDM service geographic and product markets, where ILECs have "substantial and persisting market power." WorldNet discussed its opposition to the petition as applied to Puerto Rico, it filed, posted Friday, on meetings CEO David Bogaty and others had with Commissioners Geoffrey Starks and Mike O'Rielly, their aides, aides to other commissioners and Wireline Bureau staffers. Incompas said a Feb. 21 AT&T letter and a Feb. 27 USTelecom letter "further demonstrate that USTelecom’s original Petition fails to meet the basic procedural requirement that forbearance petitions must be complete as-filed." The FCC should grant a petition dismissal motion of Incompas and others, filed the CLEC group, posted Thursday. USTelecom and members "discussed publicly available data and data in the record" supporting its "request for a finding that Section 251(c) unbundling and resale mandates are no longer necessary," filed the ILEC group on meeting an aide to Chairman Ajit Pai. The data "demonstrate significant competition for voice and broadband service for consumers and businesses."

The FCC should end price caps on large telco business data service transport, incumbents said in replies posted through Tuesday on a Further NPRM proposal. A 2017 commission decision to end such ex-ante regulation, remanded by the 8th U.S. Circuit Court of Appeals for lack of notice, "was backed by strong evidence and a rational policy choice," replied USTelecom and ITTA in docket 17-144. "Nothing in the record of the current proceeding should alter the Commission’s prior conclusion." AT&T said no party disputes "key facts" showing BDS transport competition was "essentially ubiquitous" in price-cap regions as of 2013 -- even with cable deployment understated -- and it cited "substantial" competitor investments since then. "Reversing course at this juncture would upset industry expectations, disrupt carriers and their customers, and strain the overall [BDS] regulatory framework," said Verizon. In initial opposition (see 1902110027), Incompas and Sprint "just recite arguments" the FCC rejected in 2017, said CenturyLink: "These parties appear to have forgotten that the Eighth Circuit denied all the CLECs’ substantive challenges to the BDS Order and remanded that order solely to cure a single procedural error. ... Given that court decision, the Commission’s key findings in the BDS Order are on even firmer ground today." The 8th Circuit's substantive affirmation of the 2017 order "is in many ways the end of the inquiry," said Frontier Communications. As USTelecom and ITTA said previously, the "FNPRM leaves RLECs wishing to elect price cap regulation for their transport elements in limbo," said NTCA. It backed an "ITTA/USTelecom recommendation that the same policy considerations that the Commission found justified moving price cap carriers’ TDM transport services to incentive regulation equally apply to RLECs’ TDM transport services."

The FCC should end price caps on large telco business data service transport, incumbents said in replies posted through Tuesday on a Further NPRM proposal. A 2017 commission decision to end such ex-ante regulation, remanded by the 8th U.S. Circuit Court of Appeals for lack of notice, "was backed by strong evidence and a rational policy choice," replied USTelecom and ITTA in docket 17-144. "Nothing in the record of the current proceeding should alter the Commission’s prior conclusion." AT&T said no party disputes "key facts" showing BDS transport competition was "essentially ubiquitous" in price-cap regions as of 2013 -- even with cable deployment understated -- and it cited "substantial" competitor investments since then. "Reversing course at this juncture would upset industry expectations, disrupt carriers and their customers, and strain the overall [BDS] regulatory framework," said Verizon. In initial opposition (see 1902110027), Incompas and Sprint "just recite arguments" the FCC rejected in 2017, said CenturyLink: "These parties appear to have forgotten that the Eighth Circuit denied all the CLECs’ substantive challenges to the BDS Order and remanded that order solely to cure a single procedural error. ... Given that court decision, the Commission’s key findings in the BDS Order are on even firmer ground today." The 8th Circuit's substantive affirmation of the 2017 order "is in many ways the end of the inquiry," said Frontier Communications. As USTelecom and ITTA said previously, the "FNPRM leaves RLECs wishing to elect price cap regulation for their transport elements in limbo," said NTCA. It backed an "ITTA/USTelecom recommendation that the same policy considerations that the Commission found justified moving price cap carriers’ TDM transport services to incentive regulation equally apply to RLECs’ TDM transport services."

An FCC broadband report draft appears to rely on "tremendous over-reporting by a single CLEC/WISP," Free Press said. "Wildly over-inflated" data from Barrier Communications (BarrierFree) exaggerates the agency's claimed improvement in national broadband deployment in 2017, FP filed, posted Wednesday in docket 18-238. It said the FCC must address the error before adopting the 2019 report on the adequacy of advanced telecom capability deployment pursuant to a Telecom Act Section 706 mandate.

An FCC broadband report draft appears to rely on "tremendous over-reporting by a single CLEC/WISP," Free Press said. "Wildly over-inflated" data from Barrier Communications (BarrierFree) exaggerates the agency's claimed improvement in national broadband deployment in 2017, FP filed, posted Wednesday in docket 18-238. It said the FCC must address the error before adopting the 2019 report on the adequacy of advanced telecom capability deployment pursuant to a Telecom Act Section 706 mandate.

Ex-FCC Commissioner Mignon Clyburn doesn't plan to run for Congress "for the foreseeable future," she told us, countering persistent speculation she might seek the seat of her father, House Majority Whip James Clyburn, D-S.C. She noted a recent story reporting her sister, Jennifer Clyburn Reed, an educator, is ready to enter politics and is interested in their father's seat. The elder Clyburn, 78, says he doesn't know if his daughter "will run for office, but I know if she is planning to run for my seat, she’s going to have to wait for awhile.” Incompas announced Wednesday Mignon Clyburn will lead a campaign to boost tech innovation and inclusion in America's heartland (see Notebook at end of 1902270018).

Ex-FCC Commissioner Mignon Clyburn doesn't plan to run for Congress "for the foreseeable future," she told us, countering persistent speculation she might seek the seat of her father, House Majority Whip James Clyburn, D-S.C. She noted a recent story reporting her sister, Jennifer Clyburn Reed, an educator, is ready to enter politics and is interested in their father's seat. The elder Clyburn, 78, says he doesn't know if his daughter "will run for office, but I know if she is planning to run for my seat, she’s going to have to wait for awhile.” Incompas announced Wednesday Mignon Clyburn will lead a campaign to boost tech innovation and inclusion in America's heartland (see Notebook at end of 1902270018).

Senate Commerce Committee Chairman Roger Wicker, R-Miss., ranking member Maria Cantwell, D-Wash., and industry officials are open to passing a federal privacy law that’s stronger than California’s. Cantwell suggested during the committee’s first privacy hearing in 2019 that federal law should be stronger, at a minimum. Wicker sounded hopeful about prospects for privacy legislation during a later Incompas event, saying it's one of his “must-pass” priorities for the committee this year (see 1902270018).

Senate Commerce Committee Chairman Roger Wicker, R-Miss., said Wednesday he favors reauthorization of the Satellite Television Extension and Localism Act, one of several communications policy issues the committee is “intent on moving” on this year. Wicker said during an Incompas event he is bullish about advancing privacy legislation but less certain about prospects for bills on net neutrality and improving conditions for 5G. Other federal officials meanwhile noted there's no 5G "killer app" yet.