Commenters disagreed on proposed FCC rule changes to curb slamming and cramming -- when providers make unauthorized changes to consumers' preferred telecom providers or add unauthorized charges on phone bills -- as replies were posted Monday and Friday in docket 17-169. Filing for the first time in the rulemaking, ATIS, CenturyLink and Incompas voiced concerns about some proposals (see 1707130054), while the Communications Workers of America and Pennsylvania Public Utilities Commission were supportive. Saying burdens outweighed benefits, ATIS opposed an FCC proposal to make an optional preferred interexchange carrier (PIC) freeze "the default so that consumers are automatically afforded this protection against slamming" without having to opt in. CenturyLink called slamming proposals "unwarranted" and "disproportionate," urging the FCC to focus on "targeted regulation only when" the benefits clearly outweigh costs, though it agreed with many cramming proposals. Saying competition could be harmed and choice limited for all-distance services, Incompas asked the FCC to reject the default PIC freeze and a proposal to require executing carriers to "double check" with customers to verify they wanted to change providers. CWA backed "strong protections against slamming and cramming that apply to all voice providers, whether traditional landline, interconnected VoIP, or wireless," and criticized telecom carriers' "unrealistic sales quotas" as "inconsistent" with anti-cramming efforts. PPUC said "regulatory experience," including of the FTC, "would seem to bely" industry arguments against new rules, "especially with respect to cramming." It said a "cramming prohibition should be codified and extended to all providers of voice communications, regardless of technology," and suggested slamming rules should also extend to all voice providers. Billing Services Group North America, CTIA and consumer groups filed replies after also filing initial comments (see 1709140023). BSG opposed proposals "to eliminate or require certification" of third-party verifications, to impose a default PIC freeze, and to block third-party billing. CTIA said the record showed that in mobile wireless "slamming does not exist and cramming has all but disappeared." Consumers Union and six other consumer groups said "enhanced cramming and slamming protections should apply to all voice customers."

Industry generally urged the FCC to streamline Form 477 data reporting duties for broadband and voice providers and be cautious about adding new requirements, particularly if costly. Many backed moving from twice-a-year to annual filings and resisted collection of more granular data, while a few took contrary views. Comments were posted Tuesday and Wednesday in docket 11-10 on a Further NPRM seeking to make industry data, which is used for USF, more useful while scrapping unnecessary burdens (see 1708030026).

Video industry groups and others put forth proposals including adding "standstill" rules and eliminating network nonduplication and syndicated exclusivity for video market rules changes as part of FCC preparation of its 19th annual video competition report. Tuesday was the deadline for docket 17-214 comments, with replies due Nov. 9 (see 1708250052). The Ajit Pai FCC is generally expected to avoid further video regulation (see 1703170017).

Video industry groups and others put forth proposals including adding "standstill" rules and eliminating network nonduplication and syndicated exclusivity for video market rules changes as part of FCC preparation of its 19th annual video competition report. Tuesday was the deadline for docket 17-214 comments, with replies due Nov. 9 (see 1708250052). The Ajit Pai FCC is generally expected to avoid further video regulation (see 1703170017).

Video industry groups and others put forth proposals including adding "standstill" rules and eliminating network nonduplication and syndicated exclusivity for video market rules changes as part of FCC preparation of its 19th annual video competition report. Tuesday was the deadline for docket 17-214 comments, with replies due Nov. 9 (see 1708250052). The Ajit Pai FCC is generally expected to avoid further video regulation (see 1703170017).

Industry generally urged the FCC to streamline Form 477 data reporting duties for broadband and voice providers and be cautious about adding new requirements, particularly if costly. Many backed moving from twice-a-year to annual filings and resisted collection of more granular data, while a few took contrary views. Comments were posted Tuesday and Wednesday in docket 11-10 on a Further NPRM seeking to make industry data, which is used for USF, more useful while scrapping unnecessary burdens (see 1708030026).

The National Hispanic Media Coalition and others disputed objections to their motion to put consumer complaint materials into the FCC record of the current open internet proceeding and to seek comment on them; cable and telco groups had questioned the complaints' relevance (see 1709290049). NCTA and USTelecom ignore "that the very questions raised by the Commission in the Internet NPRM demonstrate the relevance of these materials," including an agency query about evidence of consumer harm, said a filing posted Friday in docket 17-108 by NHMC and eight of the 20 other groups that had joined the initial motion (see 1709200033). Separately, NCTA knocked "erroneous claims" made in Incompas' reply comments about "broadband providers' purported incentives to act anticompetitively" in the market. "These assertions conflict with the weight of the evidence in the record and present no hurdle to restoring a Title I classification of broadband" under the Communications Act, the NCTA filing said.

The National Hispanic Media Coalition and others disputed objections to their motion to put consumer complaint materials into the FCC record of the current open internet proceeding and to seek comment on them; cable and telco groups had questioned the complaints' relevance (see 1709290049). NCTA and USTelecom ignore "that the very questions raised by the Commission in the Internet NPRM demonstrate the relevance of these materials," including an agency query about evidence of consumer harm, said a filing posted Friday in docket 17-108 by NHMC and eight of the 20 other groups that had joined the initial motion (see 1709200033). Separately, NCTA knocked "erroneous claims" made in Incompas' reply comments about "broadband providers' purported incentives to act anticompetitively" in the market. "These assertions conflict with the weight of the evidence in the record and present no hurdle to restoring a Title I classification of broadband" under the Communications Act, the NCTA filing said.

Petitioners challenged an FCC business data service order from different directions in opening briefs to the 8th U.S. Circuit Court of Appeals made available Wednesday and Thursday. The order (see 1704200020) should be vacated because it "unreasonably deregulated" incumbent telco BDS rates, said Access Point, Ad Hoc Telecommunications Users Committee, Alpheus Communications, BT Americas, Incompas, Granite Telecommunications, New Horizon Communications, Sprint, Windstream and XChange Telecom in Citizens Telecommunications of Minnesota v. FCC, No. 17-2296. They said price-cap ILECs -- including AT&T, CenturyLink and Verizon -- "built extensive networks as franchised monopolists, and dominate the [BDS] market because their local facilities reach virtually every business" in their regions. "It is often economically infeasible for BDS providers seeking to compete with the ILECs to deploy local facilities, so they must purchase them from incumbents," said the brief of the BDS competitors and business customers. "Similarly, carriers seeking to provide competitive voice services must buy incumbent facilities, particularly to serve businesses with multiple locations." But Citizens and CenturyLink asked the 8th Circuit to vacate a 2 percent "X-factor" the FCC applied to reduce ILEC legacy BDS rates in areas remaining under regulation to account for productivity gains. "The FCC chose a 2.0% X-factor that significantly overstated efficiencies in the provision of rate-regulated BDS offerings and ignored evidence of slower productivity growth among such services relative to others," said the ILECs' brief (in Pacer). "It also failed to account for evidence of declining utilization of these services, which has caused the per-unit cost of providing these services to remain steady or even increase. The resulting X-factor forces excessive annual rate reductions not supported by the record." Citizens and CenturyLink asked for 20 minutes of oral argument. The BDS competitors and business customers suggested the court divide 30 minutes of oral argument between themselves and the commission, but not give time to Citizens and CenturyLink, which "advance the frivolous contention that the FCC should have completely deregulated" BDS rates.

Petitioners challenged an FCC business data service order from different directions in opening briefs to the 8th U.S. Circuit Court of Appeals made available Wednesday and Thursday. The order (see 1704200020) should be vacated because it "unreasonably deregulated" incumbent telco BDS rates, said Access Point, Ad Hoc Telecommunications Users Committee, Alpheus Communications, BT Americas, Incompas, Granite Telecommunications, New Horizon Communications, Sprint, Windstream and XChange Telecom in Citizens Telecommunications of Minnesota v. FCC, No. 17-2296. They said price-cap ILECs -- including AT&T, CenturyLink and Verizon -- "built extensive networks as franchised monopolists, and dominate the [BDS] market because their local facilities reach virtually every business" in their regions. "It is often economically infeasible for BDS providers seeking to compete with the ILECs to deploy local facilities, so they must purchase them from incumbents," said the brief of the BDS competitors and business customers. "Similarly, carriers seeking to provide competitive voice services must buy incumbent facilities, particularly to serve businesses with multiple locations." But Citizens and CenturyLink asked the 8th Circuit to vacate a 2 percent "X-factor" the FCC applied to reduce ILEC legacy BDS rates in areas remaining under regulation to account for productivity gains. "The FCC chose a 2.0% X-factor that significantly overstated efficiencies in the provision of rate-regulated BDS offerings and ignored evidence of slower productivity growth among such services relative to others," said the ILECs' brief (in Pacer). "It also failed to account for evidence of declining utilization of these services, which has caused the per-unit cost of providing these services to remain steady or even increase. The resulting X-factor forces excessive annual rate reductions not supported by the record." Citizens and CenturyLink asked for 20 minutes of oral argument. The BDS competitors and business customers suggested the court divide 30 minutes of oral argument between themselves and the commission, but not give time to Citizens and CenturyLink, which "advance the frivolous contention that the FCC should have completely deregulated" BDS rates.