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.

Fixed and mobile broadband availability isn't sufficient to meet a statutory mandate for "reasonable and timely" deployment of advanced telecom capability (ATC) to all Americans, Incompas commented in docket 17-199 on an FCC notice of inquiry. The Free State Foundation said broadband-like ATC deployment "clearly" satisfies Telecom Act Section 706 and said the previous FCC's refusal to make an affirmative finding "was a case of Alice-in-Wonderlandish 'Sentence First-Verdict Afterwards.'" CTIA, one of several parties whose comments were posted late Thursday, issued a statement saying that "by any measure, mobile wireless broadband deployment is ‘reasonable and timely.'" Incompas said broadband networks and services must be "physically available and affordable" pursuant to Section 706, and found it "telling" the FCC is focused on closing the digital divide. "Fixed and mobile broadband networks do not reach every American, and competition is still considerably lacking for fixed (wireline) broadband networks for residential consumers, as well as businesses who rely on dedicated broadband service," the group said. It said the FCC shouldn't find Section 706 goals have been met and should address barriers, including by improving access to poles, rights of way and multitenant buildings. The Benton Foundation said it's "certain" broadband is "not being deployed to all Americans in a reasonable and timely fashion," citing service shortcomings in poorer, minority and rural communities. Commissioner Jessica Rosenworcel Wednesday objected to the possibility the FCC could effectively lower its ATC speed benchmark by finding 10/1 Mbps mobile service is sufficient to satisfy the statutory mandate (see 1709200042). The agency's direction is "particularly troubling" for rural Americans, said NTCA, which believes mobile broadband "is simply not a substitute for a robust, high-quality fixed wireline connection that so many urban consumers take for granted." The Massachusetts Department of Telecommunications and Cable urged the FCC to evaluate availability of both fixed and mobile broadband, not one or the other, and affordability of service. The Education and Library Networks Coalition asked the FCC to retain E-rate program goals of helping schools and libraries gain access to 100 Mbps near term and 1 Gbps long term.

Fixed and mobile broadband availability isn't sufficient to meet a statutory mandate for "reasonable and timely" deployment of advanced telecom capability (ATC) to all Americans, Incompas commented in docket 17-199 on an FCC notice of inquiry. The Free State Foundation said broadband-like ATC deployment "clearly" satisfies Telecom Act Section 706 and said the previous FCC's refusal to make an affirmative finding "was a case of Alice-in-Wonderlandish 'Sentence First-Verdict Afterwards.'" CTIA, one of several parties whose comments were posted late Thursday, issued a statement saying that "by any measure, mobile wireless broadband deployment is ‘reasonable and timely.'" Incompas said broadband networks and services must be "physically available and affordable" pursuant to Section 706, and found it "telling" the FCC is focused on closing the digital divide. "Fixed and mobile broadband networks do not reach every American, and competition is still considerably lacking for fixed (wireline) broadband networks for residential consumers, as well as businesses who rely on dedicated broadband service," the group said. It said the FCC shouldn't find Section 706 goals have been met and should address barriers, including by improving access to poles, rights of way and multitenant buildings. The Benton Foundation said it's "certain" broadband is "not being deployed to all Americans in a reasonable and timely fashion," citing service shortcomings in poorer, minority and rural communities. Commissioner Jessica Rosenworcel Wednesday objected to the possibility the FCC could effectively lower its ATC speed benchmark by finding 10/1 Mbps mobile service is sufficient to satisfy the statutory mandate (see 1709200042). The agency's direction is "particularly troubling" for rural Americans, said NTCA, which believes mobile broadband "is simply not a substitute for a robust, high-quality fixed wireline connection that so many urban consumers take for granted." The Massachusetts Department of Telecommunications and Cable urged the FCC to evaluate availability of both fixed and mobile broadband, not one or the other, and affordability of service. The Education and Library Networks Coalition asked the FCC to retain E-rate program goals of helping schools and libraries gain access to 100 Mbps near term and 1 Gbps long term.