Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.

Given the high bar for reversing a facts-based district court ruling and the seemingly skeptical reception the agency received last week from a U.S. Court of Appeals for the D.C. Circuit panel (see 1812060015), antitrust experts told us it's likely AT&T will prevail in DOJ's appeal of the lower court allowing it to acquire Time Warner. Whether DOJ appeals again, either seeking a D.C. Circuit rehearing or petitioning the Supreme Court, is tougher to ascertain, they said.

Given the high bar for reversing a facts-based district court ruling and the seemingly skeptical reception the agency received last week from a U.S. Court of Appeals for the D.C. Circuit panel (see 1812060015), antitrust experts told us it's likely AT&T will prevail in DOJ's appeal of the lower court allowing it to acquire Time Warner. Whether DOJ appeals again, either seeking a D.C. Circuit rehearing or petitioning the Supreme Court, is tougher to ascertain, they said.

The National Multifamily Housing Council lobbied FCC leadership, calling the apartment industry "very competitive," with "owners keenly aware" of the need to provide modern communications services for residents. "This debate is really about whether the commission should help a handful of potential competitors carve up the high end of the market," said NMHC on meetings with Chairman Ajit Pai, Brendan Carr, Jessica Rosenworcel and aides, posted Tuesday in docket 17-91 (here, here and here). "Providers control the market. There is a lack of competition in the market today, but it is in the smaller, less lucrative buildings that competitive providers choose not to serve." NMHC backed a petition to pre-empt a San Francisco code that requires multi-tenant buildings let occupants request access to competing providers (see 1612150006). It opposed further FCC steps toward regulation from a multiple tenant environment inquiry (see 1706220036) and Article 8 of the Broadband Deployment Advisory Committee's proposed Model State Act (see 1807270020), which it said "would force the rental apartment industry to subsidize" broadband deployment. In a USTelecom forbearance proceeding, Incompas pressed the FCC to keep discounted wholesale unbundled network elements, which it said facilitate fiber networks that assist 5G. An enhanced satellite image of San Francisco showing fiber deployments by Zayo in business districts and Sonic Telecom in residential areas -- with Sonic crediting UNEs "as a stepping stone" -- illustrates the potential for competitive "fiber rich networks for fronthauling of small cells in residential areas," wrote Incompas on meeting a Pai aide, in docket 18-141.

The National Multifamily Housing Council lobbied FCC leadership, calling the apartment industry "very competitive," with "owners keenly aware" of the need to provide modern communications services for residents. "This debate is really about whether the commission should help a handful of potential competitors carve up the high end of the market," said NMHC on meetings with Chairman Ajit Pai, Brendan Carr, Jessica Rosenworcel and aides, posted Tuesday in docket 17-91 (here, here and here). "Providers control the market. There is a lack of competition in the market today, but it is in the smaller, less lucrative buildings that competitive providers choose not to serve." NMHC backed a petition to pre-empt a San Francisco code that requires multi-tenant buildings let occupants request access to competing providers (see 1612150006). It opposed further FCC steps toward regulation from a multiple tenant environment inquiry (see 1706220036) and Article 8 of the Broadband Deployment Advisory Committee's proposed Model State Act (see 1807270020), which it said "would force the rental apartment industry to subsidize" broadband deployment. In a USTelecom forbearance proceeding, Incompas pressed the FCC to keep discounted wholesale unbundled network elements, which it said facilitate fiber networks that assist 5G. An enhanced satellite image of San Francisco showing fiber deployments by Zayo in business districts and Sonic Telecom in residential areas -- with Sonic crediting UNEs "as a stepping stone" -- illustrates the potential for competitive "fiber rich networks for fronthauling of small cells in residential areas," wrote Incompas on meeting a Pai aide, in docket 18-141.

The 8th U.S. Circuit Court of Appeals stayed the mandate of a panel's partial reversal of an FCC order that largely deregulated business data service rates of price-cap incumbent telcos. An FCC motion to stay the mandate is granted until Nov. 12, 2019, said a court order (in Pacer) in Citizens Telecommunications v. FCC, No. 17-2296. The FCC argued the stay would avoid BDS market disruption while it considers the procedural reversal and remand of TDM interoffice transport pricing deregulation (see 1810100054), which it proposed to reinstate in a recent Further NPRM (see 1810230032). Incompas and Sprint opposed the motion while USTelecom, AT&T and CenturyLink backed it (see 1810220035).

The 8th U.S. Circuit Court of Appeals stayed the mandate of a panel's partial reversal of an FCC order that largely deregulated business data service rates of price-cap incumbent telcos. An FCC motion to stay the mandate is granted until Nov. 12, 2019, said a court order (in Pacer) in Citizens Telecommunications v. FCC, No. 17-2296. The FCC argued the stay would avoid BDS market disruption while it considers the procedural reversal and remand of TDM interoffice transport pricing deregulation (see 1810100054), which it proposed to reinstate in a recent Further NPRM (see 1810230032). Incompas and Sprint opposed the motion while USTelecom, AT&T and CenturyLink backed it (see 1810220035).

Google Vice President-Policy and Government Relations Susan Molinari moves to senior adviser in January ... Michael Weinberg, ex-Public Knowledge, leaves Shapeways to become executive director, New York University School of Law Engelberg Center on Innovation Law and Policy ... American Public Media Group promotes Chandra Kavati to vice president-content distribution and partnerships ... Tessco Technologies promotes Mary Beth Smith to Ventev general manager.

Google Vice President-Policy and Government Relations Susan Molinari moves to senior adviser in January ... Michael Weinberg, ex-Public Knowledge, leaves Shapeways to become executive director, New York University School of Law Engelberg Center on Innovation Law and Policy ... American Public Media Group promotes Chandra Kavati to vice president-content distribution and partnerships ... Tessco Technologies promotes Mary Beth Smith to Ventev general manager.

LAS VEGAS -- A key telecom challenge is to ensure regional and smaller providers can compete in a market dominated by large national players, Windstream CEO Tony Thomas said Wednesday. He said his company is the No. 5 fiber provider, with half a million locations on-net. "We can't be a national provider without some sort of basic, functioning wholesale market," he said, noting the need to serve business customers with scattered locations. He backed spectrum policies that do more to allow smaller bidders to compete with the big four national wireless carriers and voiced concern about large tech companies gobbling up upstarts.