Incompas challenged the FCC net neutrality repeal order at the U.S. Court of Appeals for the D.C. Circuit. "The FCC abandoned its long-held, bipartisan jurisdiction to ensure an open internet," and its "net neutrality principles of no blocking, no throttling, no paid prioritization and strong interconnection policies," said the group's release Tuesday on a petition filed Monday. It raised procedural objections to FCC denial of its attempt to include in the record findings from previous DOJ and FCC merger reviews that "demonstrated ISPs' incentive and ability to engage in behaviors that threaten an open internet." The Digital Justice Foundation filed a motion (in Pacer) Monday to intervene without supporting either side, saying it has what's "likely to be a unique legal position on the order." The Wireless Internet Service Provider Association filed a motion (in Pacer) recently to intervene in support of the FCC.

Incompas challenged the FCC net neutrality repeal order at the U.S. Court of Appeals for the D.C. Circuit. "The FCC abandoned its long-held, bipartisan jurisdiction to ensure an open internet," and its "net neutrality principles of no blocking, no throttling, no paid prioritization and strong interconnection policies," said the group's release Tuesday on a petition filed Monday. It raised procedural objections to FCC denial of its attempt to include in the record findings from previous DOJ and FCC merger reviews that "demonstrated ISPs' incentive and ability to engage in behaviors that threaten an open internet." The Digital Justice Foundation filed a motion (in Pacer) Monday to intervene without supporting either side, saying it has what's "likely to be a unique legal position on the order." The Wireless Internet Service Provider Association filed a motion (in Pacer) recently to intervene in support of the FCC.

The FCC should "address barriers to both fiber and small cells," said an Incompas filing posted Monday in docket 17-79 on a meeting with Commissioner Brendan Carr. "The Commission should use its authority to establish guardrails around what are reasonable fees and timeframes, with an effective enforcement mechanism, for state and local government to act on licensing and franchise agreements to be in rights-of-way." Incompas CEO Chip Pickering and others urged the FCC "to quickly adopt a one-touch, make-ready (OTMR) process for pole attachments" as recommended by the Broadband Deployment Advisory Committee. Reject incumbent provider proposals "that would gut the OTMR proposal, such as allowing them to escape their public policy obligations through private contracts, indemnification provisions for consequential or punitive damages, and allowing existing attachers to pre-select the contractors used," it said, citing letters from AT&T, the Communications Workers of America and NCTA. Pressing for access to multiple tenant environments (MTEs), Incompas sought consideration of "a new rulemaking proceeding that would prohibit practices that amount to an end-run around the Commission’s current rules," and said the agency should "encourage, rather than consider preemption of ... laws that promote competitive entry to MTEs, like Article 52 of the San Francisco Police Code."

NAB and Comcast led among communications and tech sector Q1 lobbying expenditures reported by Friday early evening, though most companies and groups hadn't filed yet. NAB spent $3.89 million in Q1, down 4 percent from the same period in 2017. Outside firms reported $340,000 in income from lobbying on NAB’s behalf. Outside firms were already reporting $1.57 million in income for lobbying on Comcast’s behalf for the quarter. Hired firms claimed at least $1.25 million for lobbying on behalf of AT&T. There was at least $785,000 in lobbying income on behalf of T-Mobile, while consultants posted $711,000 in reports for Verizon.

NAB and Comcast led among communications and tech sector Q1 lobbying expenditures reported by Friday early evening, though most companies and groups hadn't filed yet. NAB spent $3.89 million in Q1, down 4 percent from the same period in 2017. Outside firms reported $340,000 in income from lobbying on NAB’s behalf. Outside firms were already reporting $1.57 million in income for lobbying on Comcast’s behalf for the quarter. Hired firms claimed at least $1.25 million for lobbying on behalf of AT&T. There was at least $785,000 in lobbying income on behalf of T-Mobile, while consultants posted $711,000 in reports for Verizon.

Beyond agreeing Communications Act Title II net neutrality rules are bad, speakers at a Federalist Society event clashed over of paid prioritization and whether it should be permissible even without Title II oversight. Also Tuesday, a House subcommittee held a paid prioritization hearing (see 1804170037) while states also considered net neutrality bills (see 1804170057).

Beyond agreeing Communications Act Title II net neutrality rules are bad, speakers at a Federalist Society event clashed over of paid prioritization and whether it should be permissible even without Title II oversight. Also Tuesday, a House subcommittee held a paid prioritization hearing (see 1804170037) while states also considered net neutrality bills (see 1804170057).

Mignon Clyburn's April meeting will be her last as a commissioner, she announced (see 1804170021) at the end of Tuesday’s FCC meeting. Clyburn told us she doesn’t have a firm date for when she will leave the job she has held since August 2009, but it will be before the FCC next meets May 10. As acting chairwoman for part of 2013, Clyburn was the first woman to head the agency, noted Chairman Ajit Pai, who praised her as did all other members. “You can’t ask for a better opportunity,” she said of her time on the FCC. “It’s time to start a new chapter.” There was no word Tuesday on nomination of Enforcement Bureau Assistant Chief Geoffrey Starks, Clyburn’s presumptive successor (see 1803200055).

Mignon Clyburn's April meeting will be her last as a commissioner, she announced (see 1804170021) at the end of Tuesday’s FCC meeting. Clyburn told us she doesn’t have a firm date for when she will leave the job she has held since August 2009, but it will be before the FCC next meets May 10. As acting chairwoman for part of 2013, Clyburn was the first woman to head the agency, noted Chairman Ajit Pai, who praised her as did all other members. “You can’t ask for a better opportunity,” she said of her time on the FCC. “It’s time to start a new chapter.” There was no word Tuesday on nomination of Enforcement Bureau Assistant Chief Geoffrey Starks, Clyburn’s presumptive successor (see 1803200055).

Oral argument on FCC business data service litigation is set for May 15 in St. Paul, Minnesota, according to an 8th U.S. Circuit Court of Appeals calendar. Judges Bobby Shepherd, Michael Melloy and Steven Grasz will review a 2017 BDS order in Citizens Telecommunications v. FCC, No. 17-2296, and consolidated cases (see 1704200020 and 1705010019). Incompas, Sprint and others argue the FCC didn't justify broad deregulation of incumbent telco BDS price caps, but Citizens and CenturyLink argue the 8th Circuit should vacate a 2 percent "X-factor" legacy rate cut because the FCC overstated productivity efficiency gains (see 1709280035 and 1710050021). The FCC and DOJ defended the order as "reasonable" in largely undoing the "imprecise and costly-to-administer price caps" (see 1711280015).