Court refusal to stay an FCC business data service order and to transfer litigation drew praise from BDS order supporters and mixed views on its import, with some seeing a chance the court still could undo regulatory decisions. The 8th U.S. Circuit Court of Appeals Monday denied (in Pacer) motions to stay the deregulation and transfer the case to the D.C. Circuit, in ruling on various procedural motions in Citizens Telecommunications v. FCC, No. 17-2296. Letting BDS "modernization" take effect "is an important -- though unsurprising -- affirmation that the Commission thoroughly analyzed our massive data collection to establish a robust, forward-looking competitive framework. These reforms will encourage vigorous investment in next-generation networks," said Chairman Ajit Pai. Windstream, BT Americas, Incompas and the Ad Hoc Telecom Users Committee sought the stay, joined by Sprint and Granite Communications in requesting transfer (see 1707050032).

Incompas fired back at Comcast, AT&T and others that opposed (see 1707280026) an Incompas motion to modify FCC protective orders for reviews of past transactions to provide information for the net neutrality proceeding. Incompas, representing competitive carriers, filed the response in FCC docket 17-108. “The impetus behind INCOMPAS’s request is straightforward -- compiling a complete record from evidence already available to the Commission while according the full confidentiality protections such information warrants,” the association said. “Opposing Parties paint an apocalyptic portrait of doomsday scenarios and dystopic outcomes. The reality is that the Commission has made the question of the incentives and abilities of the broadband providers to harm the openness of the Internet a central question -- perhaps the central question -- in this proceeding.”

Incompas fired back at Comcast, AT&T and others that opposed (see 1707280026) an Incompas motion to modify FCC protective orders for reviews of past transactions to provide information for the net neutrality proceeding. Incompas, representing competitive carriers, filed the response in FCC docket 17-108. “The impetus behind INCOMPAS’s request is straightforward -- compiling a complete record from evidence already available to the Commission while according the full confidentiality protections such information warrants,” the association said. “Opposing Parties paint an apocalyptic portrait of doomsday scenarios and dystopic outcomes. The reality is that the Commission has made the question of the incentives and abilities of the broadband providers to harm the openness of the Internet a central question -- perhaps the central question -- in this proceeding.”

Telecom companies said a court's Monday affirmation of a 2015 FCC order aimed at equalizing telco and cable pole-attachment rates to spur broadband will help the spread of faster internet connections. It was a loss for utilities and a win for the commission. Monday's 8th U.S. Circuit Court of Appeals decision (see 1707310070) denied a petition for review of the FCC order power companies that own poles. Judge Roger Wollman wrote the decision in Ameren v. FCC (Case 16-1683) for the panel that included judges Diana Murphy and Steven Colloton.

Telecom companies said a court's Monday affirmation of a 2015 FCC order aimed at equalizing telco and cable pole-attachment rates to spur broadband will help the spread of faster internet connections. It was a loss for utilities and a win for the commission. Monday's 8th U.S. Circuit Court of Appeals decision (see 1707310070) denied a petition for review of the FCC order power companies that own poles. Judge Roger Wollman wrote the decision in Ameren v. FCC (Case 16-1683) for the panel that included judges Diana Murphy and Steven Colloton.

Comcast and others opposed an Incompas motion to modify FCC protective orders for reviews of past transactions. Incompas, which represents "direct competitors to Comcast," filed a motion asking that “interested commenters” in the open internet rulemaking "be permitted to review and use vast amounts of confidential and highly confidential information and data from those concluded adjudicatory proceedings, which it contends will 'strengthen the debate' and lead to a 'better' general rulemaking here," said a Comcast filing Thursday in docket 17-108. The motion "lacks merit and is an obvious -- and improper -- procedural tactic designed to delay and muddy consideration of the legal and policy issues relevant to the Commission’s [NPRM]." The transactions were: Charter Communications buying Time Warner Cable and Advance-Newhouse; Comcast/Time Warner Cable (which wasn't consummated); AT&T/DirecTV; Comcast/General Electric's NBC Universal. The "frivolous" Incompas motion appears "to be an improper end run around the protective orders governing the confidential materials at issue here," said an AT&T opposition posted Friday: "Both in-house and outside counsel in the merger proceedings at issue -- including INCOMPAS -- signed protective orders providing that 'Reviewing Parties ... agree ... not to use Confidential or Highly Confidential Information to seek disclosure in any other proceeding.' INCOMPAS' 'limited' motion requesting very specific and targeted categories of previously submitted documents and data raises serious questions as to whether INCOMPAS and its counsel are in fact 'us[ing]' the confidential materials they obtained as the basis for 'seek[ing] disclosure' in this quite different rulemaking proceeding." Charter also filed opposition. Incompas didn't comment.

Comcast and others opposed an Incompas motion to modify FCC protective orders for reviews of past transactions. Incompas, which represents "direct competitors to Comcast," filed a motion asking that “interested commenters” in the open internet rulemaking "be permitted to review and use vast amounts of confidential and highly confidential information and data from those concluded adjudicatory proceedings, which it contends will 'strengthen the debate' and lead to a 'better' general rulemaking here," said a Comcast filing Thursday in docket 17-108. The motion "lacks merit and is an obvious -- and improper -- procedural tactic designed to delay and muddy consideration of the legal and policy issues relevant to the Commission’s [NPRM]." The transactions were: Charter Communications buying Time Warner Cable and Advance-Newhouse; Comcast/Time Warner Cable (which wasn't consummated); AT&T/DirecTV; Comcast/General Electric's NBC Universal. The "frivolous" Incompas motion appears "to be an improper end run around the protective orders governing the confidential materials at issue here," said an AT&T opposition posted Friday: "Both in-house and outside counsel in the merger proceedings at issue -- including INCOMPAS -- signed protective orders providing that 'Reviewing Parties ... agree ... not to use Confidential or Highly Confidential Information to seek disclosure in any other proceeding.' INCOMPAS' 'limited' motion requesting very specific and targeted categories of previously submitted documents and data raises serious questions as to whether INCOMPAS and its counsel are in fact 'us[ing]' the confidential materials they obtained as the basis for 'seek[ing] disclosure' in this quite different rulemaking proceeding." Charter also filed opposition. Incompas didn't comment.

Commenters were split over possible FCC broadband regulation in apartment buildings and other residential and commercial multiple tenant environments (MTEs). Incompas, Sprint and others supported regulatory efforts to identify and remove barriers to broadband deployment and competition. Property owners, NCTA and others voiced concern about possible new broadband regulation. Initial comments were posted Monday and Tuesday in docket 17-142 on a notice of inquiry on the state of the MTE broadband market and whether the commission should act (see 1706220036).

Commenters were split over possible FCC broadband regulation in apartment buildings and other residential and commercial multiple tenant environments (MTEs). Incompas, Sprint and others supported regulatory efforts to identify and remove barriers to broadband deployment and competition. Property owners, NCTA and others voiced concern about possible new broadband regulation. Initial comments were posted Monday and Tuesday in docket 17-142 on a notice of inquiry on the state of the MTE broadband market and whether the commission should act (see 1706220036).

Incompas will hold a single annual trade show starting fall 2018, while shifting policy-oriented sessions from a traditional spring trade show to an expanded policy summit in Washington in the spring, said a release. It noted this year's Incompas Show is Oct. 15-17 in San Francisco, and the 2018 trade show also will be there.