Correction: An FCC spokeswoman corrected information provided for a previous correction (see 1503250017), specifying now that the $190,000 the agency annually spends to maintain its Seattle field office doesn't include personnel expenses.

The Association of Federal Communications Consulting Engineers (AFCCE) asked the FCC to seek comment on a proposed order, allegedly circulated by the FCC Enforcement Bureau, to close more than half the regional enforcement offices (see 1503110054). The group also asked the FCC to release a consultant report that recommended the office closures. The field offices are the FCC’s “eyes and ears,” the group said. “The ubiquitous presence of field offices and agents uniquely positions the Commission to resolve interference and unauthorized radio transmission cases,” it said. “Many of these cases involve safety-of-life services.” Increased spectrum sharing makes the field staff even more critical, AFCCE said.

Correction: The $190,000 the FCC spends annually to maintain its Seattle field office includes support costs such as rent and overhead in addition to its one staffer's salary (see 1503240045).

Bulk collection practices of communications metadata authorized by the USA Patriot Act, specifically under Section 215 authority, must end, said a letter to President Barack Obama, House and Senate leaders and intelligence officials Wednesday from the Reform Government Surveillance coalition, privacy and human rights groups, technology companies and associations. The signers acknowledged they have differing views on exactly what reforms must be included in any bill reauthorizing Section 215, which is the legal basis for NSA bulk collection program, and is set to expire on June 1. "Our broad, diverse, and bipartisan coalition believes that the status quo is untenable and that it is urgent that Congress move forward with reform,” the letter said. The groups agreed that bulk collection must end and for any collection that does occur, there should be “appropriate safeguards in place to protect privacy and users’ rights,” and collection should “contain transparency and accountability mechanisms for both government and company reporting, as well as an appropriate declassification regime for Foreign Intelligence Surveillance Court decisions,” the letter said. Signers included the American Civil Liberties Union, Center for Democracy & Technology, Committee to Protect Journalists, Computer & Communications Industry Association (CCIA), Google, Human Rights Watch, Internet Association, Microsoft, Mozilla, Public Knowledge, R Street, TechFreedom and the Wikimedia Foundation. “We understand that governments play a vital role in helping protect our communities, but we must do so in a way that protects the values we cherish,” wrote Microsoft Vice President-U.S. Government Affairs Fred Humphries in a blog post Wednesday. Two years ago, Americans learned the extent of NSA dragnet surveillance, and “the time has come for this program to end,” said CCIA President Ed Black. There's no better opportunity than the expiration of the Patriot Act’s bulk collection authorities to “institute the reforms necessary to restore the balance and limitations within which Congress and the public intended for our intelligence apparatus to operate,” Black said. “We have a responsibility to protect the privacy and security of our users’ data,” while helping governments keep people safe, wrote Google Chief Legal Officer David Drummond in a blog post Wednesday. “We have little doubt that Congress can protect both national security and privacy while taking a significant, concrete step toward restoring trust in the Internet.”

The idea pushed by Neustar and the New America Foundation for the FCC to create an independent manager to oversee a transition in local number portability administrators “adds duplicative review layers” and “would not be helpful,” Telcordia counsel John Nakahata of Harris, Wiltshire told Wireline Bureau officials Thursday, according to an ex parte filing posted Friday in docket 09-109. Nakahata also left a voice mail to an aide to Commissioner Mignon Clyburn, the filing said. Telcordia had envisioned a third-party program manager, if it wins the LNPA contract, to assist in the transition, the filing said. A transition overseer “extends far beyond facilitating the transition” and, under Neustar's and NAF’s proposals, would approve a voting trust to create separation between Telcordia and its parent, Ericsson, the filing said. The ability of Telcordia to operate neutrally, given parent company Ericsson’s business ties, has become a central issue at the commission before Thursday's scheduled vote on whether to authorize beginning LNPA contract negotiations with Telcordia. The idea of Ericsson creating a voting trust for some of its interests in Telcordia is one of the issues being considered (see 1503180033). Telcordia has no concern about being able to pass a review of a voting trust “but has substantial concern about the delay that such a review would inject into an already long-delayed implementation process,” the filing said. “Moreover, there will likely be provisions of the contract that are not appropriate for public -- or even limited security-cleared -- review, such as provisions regarding network and national security,” Telcordia’s filing said. Neustar had never been subject to such oversight, Telcordia noted. “Predictably, Ericsson is discounting the need for any analysis and oversight of this process, to the detriment of consumers, small carriers, law enforcement, public safety and other stakeholders," a Neustar spokeswoman said Friday. "The public interest demands more transparency, not less.” Nakahata in a conversation Tuesday with Daniel Alvarez, an aide to Chairman Tom Wheeler, criticized an NAF paper urging a delay in the commission vote, according to an ex parte filing posted Friday. “The paper adds nothing to the discussion and shows no sign of independent investigation or evaluation of the interests of consumers,” Telcordia said, saying the paper “merely cherry-picks the comments that most favor the arguments advanced by Neustar -- the entity that paid for their work." Meanwhile, in a letter posted Friday, Neustar said the Supreme Court in Perez v. Mortgage Bankers Association said unless a rule falls within the Administrative Procedure Act exemption for “interpretive rules,” a rulemaking is required. The selection of a new LNPA or altering neutrality requirements doesn't fall within the exemption and requires a notice and comment procedure, said the letter from Neustar counsel Aaron Panner of Kellogg Huber. Former Sen. John Breaux, now with Squire Patton, called Commissioner Mignon Clyburn Monday, on behalf of Neustar, also to urge a delay in vote, according to an ex parte filing posted Friday. Local number portability was one of the main provisions in the Telecommunications Act to promote local competition, Breaux told Clyburn. The vote should be delayed to give the commission more time to “review the ramifications of this selection,” Breaux said, according to the filing. In another letter posted Friday, Neustar said Telcordia’s response Wednesday to a Smith & Associates report didn't challenge S&A’s conclusion that Telcordia’s deployment schedule is “seriously understated even under the most optimistic assumptions.” Responding to Neustar’s argument about the Supreme Court decision, Nakahata emailed that “a law professor grading Neustar’s ex parte would give it an F. This decision adds no weight to Neustar’s meritless rulemaking arguments.” Quoting the late Democrat from New York, a Neustar spokeswoman responded: “As Senator [Daniel Patrick] Moynihan once said, ‘Everyone is entitled to his own opinion, but not to his own facts.”

The FCC paused 180-day shot clocks for the AT&T/DirecTV and Comcast/Time Warner Cable transactions while it waits for the U.S. Court of Appeals for the D.C. Circuit to issue an opinion on a petition for review brought against the agency by a group of content companies over the release of contract information. It’s “prudent” to pause the transaction clocks because the FCC “would be advantaged” by knowing the court’s decision before the clocks run out, “which both are slated to do by the end of March,” the FCC said in a public notice Friday. The Comcast clock is stopped at Day 165 while the AT&T clock is stopped at Day 170, said the FCC transaction webpages. Though the public notice points to the court case as the rationale for stopping the clock, Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman said it’s likely the FCC also has other reasons. At least on Comcast/TWC, the transaction review team sent out information requests that have been fulfilled only recently, and they may not have been in a position to meet the deadline even without the court delay. The FCC had no comment. Comcast said it's fine with the pause. "We understand the FCC's decision to pause the informal review clock while the court continues to review a procedural matter related to the transaction,” Comcast said. “A decision is expected shortly.” The FCC “appears to be making significant progress in the review of our transaction in order to bring it to a conclusion,” Comcast said. The commission was more measured. “The clock carries with it no procedural or substantive rights or obligations but merely represents an informal benchmark,” the PN said. Oral argument was heard in the case Feb. 20 (see 1502200051), and it’s not clear when a decision in the matter could be issued, Schwartzman told us. Though the court usually tries to keep within a 120-day time limit, expedited cases such as the FCC’s are on a faster track, and could arrive much sooner, he said. The D.C. Circuit could also issue an order in one side’s favor or another and then follow it with a written opinion much later, Schwartzman said. Representatives for the content company petitioners, which include CBS, Disney and Viacom, declined to comment. AT&T expects "issues surrounding the litigation between the FCC and the programmers to be resolved quickly so the FCC can complete its review of our transaction," a company spokesman emailed. "We continue to look forward to closing our deal in the first half of the year."

The FCC failed to make the full record of its consideration of a new local number portability administrator public in a way that's “consistent” with “lawful administrative procedure,” Neustar officials told Commissioner Jessica Rosenworcel and an aide March 10, said an ex parte filing posted Friday in docket 09-109. The company made the same claims in a letter to the agency March 11 (see 1503110052). The agency should also protect the public if it selects a new administrator by requiring certification by an independent third-party transition manager, and that Telcordia’s parent Ericsson cannot provide LNPA services neutrally, Neustar CEO Lisa Hook, Senior Vice President Leonard Kennedy, Deputy General Counsel Scott Deutchman, Thomas Navin, of Wiley Rein, and Aaron Panner of Kellogg Huber told Rosenworcel and an aide, said the filing. An order on circulation, and slated for a vote at the March 26 commission meeting, would authorize the beginning of contract negotiations with Telcordia (see 1503040053). “It is ironic for the incumbent to claim the lack of ability to comment after filing hundreds of pages of filings,” Telcordia counsel John Nakahata emailed Friday. “Substantial opportunity for public participation has been available, at every stage over multiple years, with some information subject to protective order as is common in FCC proceedings. The current Local Number Portability Administrator is using misinformation and scare tactics again to attempt to stall the LNPA transition and ensure that carriers and consumers keep paying half a billion dollars each year for a database that has been closed to competition for nearly 20 years. The selection process was open and thorough. … We hope that the FCC and the industry will support competition and move forward with the transition. The incumbent has victimized consumers for far too long.”

In a net neutrality-related development, the FCC Friday asked for applications from additional candidates to serve on its Consumer Advisory Committee. The net neutrality order directs the CAC to formulate and submit to the FCC a net neutrality enhanced transparency rule disclosure format, accessible to persons with disabilities, by Oct. 15, the FCC said. CAC is to determine whether the format should be the same for fixed and mobile broadband, the notice said. “The Commission expects the CAC to consider ‘whether and how a standard format for mobile broadband providers will allow providers to continue to differentiate their services competitively, as well as how mobile broadband providers can effectively disclose commercial terms to consumers regarding myriad plans in a manner that is not administratively burdensome.’” The second request for members reflects the CAC's additional responsibilities, the commission said. Applications are due at the FCC April 1.

Clarification: In addition to CTIA, Hogan Lovells attorney Dominic Perella represented the Competitive Carriers Association and CEA in oral argument Thursday on the FCC incentive auction (see 1503100071).

Correction: CTIA, not the Computer and Communications Industry Association, is a member of the steering committee of the Intelligent Car Coalition (see 1503110022).