U.S. broadband capital expenditures rose 2 percent in 2017 to $76.3 billion, said USTelecom's annual report Thursday. The group credited the FCC's recent "internet freedom" and tech transition orders and congressional "tax reform" with helping to reverse a two-year capex decline that "began" when the FCC "moved to impose common carrier" regulation on broadband providers in 2015. The report confirms FCC "policies to promote broadband deployment are working," said FCC Chairman Ajit Pai. "Investment is pouring back into this space," said Commissioner Brendan Carr at a USTelecom event.

Industry groups are renewing their fight against an FCC policy statement that triples damages for amounts owed to USF and other funds. In a docket 16-330 ex parte posting Thursday, CTIA, NCTA, USTelecom and Incompas recapped a meeting with FCC Chief of Staff Matthew Berry at which they said the agency's way of defining a continuing violation in recent years runs contrary to the one-year statute of limitations for nonbroadcast notices of apparent liability contained in the Communications Act. The groups argued that four particular categories shouldn't be considering continuing violations, repeating an argument made to the Enforcement Bureau (see 1802010021). The groups petitioned in 2015, challenging the policy statement (see 1503060066).

State attorneys general urged new FCC efforts to combat illegal robocalls, including giving telecom providers expanded call-blocking authority. Others said too many legal calls already are blocked. Replies were posted Tuesday to initial comments in which carriers sought expanded authority (see 1809250031). Adopt "new rules authorizing voice service providers to block illegally spoofed calls beyond what is currently authorized in the 2017 Call Blocking Order," replied 35 state AGs in docket 17-59. They said their efforts to target bad actors are often "frustrated" because "calls travel through a maze of smaller providers" or come from overseas. They encouraged providers "to use all available tools to accurately identify illegal calls," and said providers should give consumers, "especially seniors," adequate information about blocking and labeling. Consumers Union and others urged the FCC to require phone companies to implement caller ID authentication technology soon, act to counter legal calls unwanted by consumers, maintain an inclusive robocall definition and not require voice providers send "intercept" messages for blocked calls. "Focus on the tiny fraction of carriers and their customers that originate the vast majority of illegal calls, rather than imposing widespread burdens on carriers, legal call originators" and consumers, said Sprint. It urged more providers to participate in USTelecom's "traceback" initiative "identifying illegal callers for referral to the FTC and FCC for enforcement," and said call blocking should be done "judiciously." Consumers "are being channeled to block calls without measures in place requiring proper disclosures or provision of sufficient information to allow consumers to make informed decisions," said ACA International: "Carriers must not be able to block calls until the FCC issues rules for callers to challenge erroneously blocked or mislabeled calls." NTCA urged the FCC "to proceed with caution and an eye toward protecting consumers from dangers of 'false positives.'" Welcoming attention on false positives, Incompas said efforts "must be carefully considered to protect legitimate traffic."

State attorneys general urged new FCC efforts to combat illegal robocalls, including giving telecom providers expanded call-blocking authority. Others said too many legal calls already are blocked. Replies were posted Tuesday to initial comments in which carriers sought expanded authority (see 1809250031). Adopt "new rules authorizing voice service providers to block illegally spoofed calls beyond what is currently authorized in the 2017 Call Blocking Order," replied 35 state AGs in docket 17-59. They said their efforts to target bad actors are often "frustrated" because "calls travel through a maze of smaller providers" or come from overseas. They encouraged providers "to use all available tools to accurately identify illegal calls," and said providers should give consumers, "especially seniors," adequate information about blocking and labeling. Consumers Union and others urged the FCC to require phone companies to implement caller ID authentication technology soon, act to counter legal calls unwanted by consumers, maintain an inclusive robocall definition and not require voice providers send "intercept" messages for blocked calls. "Focus on the tiny fraction of carriers and their customers that originate the vast majority of illegal calls, rather than imposing widespread burdens on carriers, legal call originators" and consumers, said Sprint. It urged more providers to participate in USTelecom's "traceback" initiative "identifying illegal callers for referral to the FTC and FCC for enforcement," and said call blocking should be done "judiciously." Consumers "are being channeled to block calls without measures in place requiring proper disclosures or provision of sufficient information to allow consumers to make informed decisions," said ACA International: "Carriers must not be able to block calls until the FCC issues rules for callers to challenge erroneously blocked or mislabeled calls." NTCA urged the FCC "to proceed with caution and an eye toward protecting consumers from dangers of 'false positives.'" Welcoming attention on false positives, Incompas said efforts "must be carefully considered to protect legitimate traffic."

DOJ likely will convince the courts to throw out California's new net neutrality law, analysts told us Monday. Attorney General Jeff Sessions and other supporters of the FCC's recent broadband regulation rollback voiced confidence in DOJ's lawsuit, filed in federal court as SB-822 was signed by California Gov. Jerry Brown (D) Sunday. FCC Chairman Ajit Pai, Commissioner Mike O'Rielly and their supporters welcomed the suit, while Commissioner Jessica Rosenworcel and net neutrality advocates criticized it, and industry rivals called for congressional legislation.

DOJ likely will convince the courts to throw out California's new net neutrality law, analysts told us Monday. Attorney General Jeff Sessions and other supporters of the FCC's recent broadband regulation rollback voiced confidence in DOJ's lawsuit, filed in federal court as SB-822 was signed by California Gov. Jerry Brown (D) Sunday. FCC Chairman Ajit Pai, Commissioner Mike O'Rielly and their supporters welcomed the suit, while Commissioner Jessica Rosenworcel and net neutrality advocates criticized it, and industry rivals called for congressional legislation.

California net neutrality bill watchers continued to wait for Gov. Jerry Brown (D) to sign or veto SB-822 ahead of a midnight Sunday deadline. With anticipation running high for a lawsuit if California enacts the measure, FCC Republicans continue to signal they view it as pre-empted by their net neutrality deregulation.

California net neutrality bill watchers continued to wait for Gov. Jerry Brown (D) to sign or veto SB-822 ahead of a midnight Sunday deadline. With anticipation running high for a lawsuit if California enacts the measure, FCC Republicans continue to signal they view it as pre-empted by their net neutrality deregulation.

The pace of broadband progress and how it's measured sparked further divisions on the FCC Telecom Act Section 706 inquiry into whether advanced telecom capability (ATC) is being deployed in a reasonable and timely way. Many comments were posted Tuesday in docket 18-238, including over fixed and mobile service distinctions (see 1809170044). Telco and cable incumbents generally said broadband-like ATC is being rolled out adequately, and 5G wireless will bring new advances. Rivals and others cited shortcomings and urged the agency to increase its ATC speed benchmark. The FCC's last 706 report made a positive ATC determination, kept a 25/3 Mbps fixed benchmark and concluded mobile isn't a full substitute for fixed (see 1802050002). Broadband investment and deployment are robust, in part due to light-touch regulation, commented USTelecom. AT&T and Verizon also hailed ATC buildout. AT&T said "mobile broadband is a functional substitute for fixed broadband," and Verizon said providers "stand at the precipice of game-changing 5G network deployments." CTIA called mobile broadband deployment reasonable and timely. NCTA and the American Cable Association urged a positive ATC determination, and they, ITTA, the Wireless ISP Association, Adtran and others backed maintaining the 25/3 Mbps fixed standard. Despite the progress, incumbents said the regulator could do more to spur broadband, but Common Cause and Public Knowledge said recent FCC actions "widened the digital divide." The Communications Workers of America said the pace of broadband deployment isn't reasonable and timely, with more than 24 million Americans lacking access and more lacking high-speed wired connections. Incompas said it's "time to be bold" and raise the benchmark to 1 Gbps, while CWA and others backed 100 Mbps. CWA, Incompas, WISPA, ITTA, rural groups and others said mobile isn't an adequate substitute for fixed. NTCA said only existing, not possible future, services should determine the ATC finding. The Fiber Broadband Association urged a focus on "all-fiber connectivity" and a "holistic approach" factoring in service reliability and latency. ViaSat and SES Americom plugged satellite broadband. New America's Open Technology Institute, Microsoft and others said Form 477 broadband data is flawed and sought fixes and use of other sources. Free Press urged inclusion of data from Puerto Rico and other storm-struck areas and said the FCC should "abandon" proposals to "gut" Lifeline USF. The National Digital Inclusion Alliance cited broadband adoption and affordability as critical and voiced concern about "evidence of AT&T's digital redlining."

The pace of broadband progress and how it's measured sparked further divisions on the FCC Telecom Act Section 706 inquiry into whether advanced telecom capability (ATC) is being deployed in a reasonable and timely way. Many comments were posted Tuesday in docket 18-238, including over fixed and mobile service distinctions (see 1809170044). Telco and cable incumbents generally said broadband-like ATC is being rolled out adequately, and 5G wireless will bring new advances. Rivals and others cited shortcomings and urged the agency to increase its ATC speed benchmark. The FCC's last 706 report made a positive ATC determination, kept a 25/3 Mbps fixed benchmark and concluded mobile isn't a full substitute for fixed (see 1802050002). Broadband investment and deployment are robust, in part due to light-touch regulation, commented USTelecom. AT&T and Verizon also hailed ATC buildout. AT&T said "mobile broadband is a functional substitute for fixed broadband," and Verizon said providers "stand at the precipice of game-changing 5G network deployments." CTIA called mobile broadband deployment reasonable and timely. NCTA and the American Cable Association urged a positive ATC determination, and they, ITTA, the Wireless ISP Association, Adtran and others backed maintaining the 25/3 Mbps fixed standard. Despite the progress, incumbents said the regulator could do more to spur broadband, but Common Cause and Public Knowledge said recent FCC actions "widened the digital divide." The Communications Workers of America said the pace of broadband deployment isn't reasonable and timely, with more than 24 million Americans lacking access and more lacking high-speed wired connections. Incompas said it's "time to be bold" and raise the benchmark to 1 Gbps, while CWA and others backed 100 Mbps. CWA, Incompas, WISPA, ITTA, rural groups and others said mobile isn't an adequate substitute for fixed. NTCA said only existing, not possible future, services should determine the ATC finding. The Fiber Broadband Association urged a focus on "all-fiber connectivity" and a "holistic approach" factoring in service reliability and latency. ViaSat and SES Americom plugged satellite broadband. New America's Open Technology Institute, Microsoft and others said Form 477 broadband data is flawed and sought fixes and use of other sources. Free Press urged inclusion of data from Puerto Rico and other storm-struck areas and said the FCC should "abandon" proposals to "gut" Lifeline USF. The National Digital Inclusion Alliance cited broadband adoption and affordability as critical and voiced concern about "evidence of AT&T's digital redlining."