The FCC added language on privacy and the effect on consumers in the Lifeline program, based on side-by-side comparison of the draft Further NPRM and FNPRM on 911 vertical location accuracy, as released Monday. Commissioner Jessica Rosenworcel dissented Friday, while Commissioner Geoffrey Starks secured changes (see 1903150067). “We seek comment on the appropriate data privacy and security framework for z-axis data,” the FNPRM said. “We seek comment on whether use of z-axis data should be limited to 911 calls except as otherwise required by law.” Neither question was in the draft. The rulemaking asks whether a proposed 3-meter z-axis metric “will provide adequate vertical location accuracy protection for consumers who participate in the Commission’s Lifeline program.” It seeks comment “on the extent to which mobile phones provided to consumers as part of the Lifeline program have the capability, through barometric pressure sensors or other means, to be located within a 3-meter z-axis metric” and “how to ensure that vertical location protections extend to and include users of the Lifeline program.” The FNPRM asks more generally about potential turnover rates for wireless handsets and “features of devices likely to be available and in use by the compliance dates established in our rules.”

The FCC finalized relocation of its equal employment opportunity team from the Media to the Enforcement bureau, said Friday's Federal Register. Commissioners voted in July to approve (see 1807240049). The agency said Friday it now has House and Senate Appropriations committees and Office of Management and Budget OKs and has worked out terms with the National Treasury Employees Union.

Neither Charter customers nor the Competitive Enterprise Institute has standing to challenge the broadband network overbuild conditions the FCC put on the company's buys of Time Warner Cable and Bright House Networks or the agency order rejecting CEI's petition for reconsideration, the regulator said in a docket 18-1281 appellee brief Thursday with the U.S. Court of Appeals for the D.C. Circuit. The named individual customer appellants either didn't have higher monthly broadband bills or haven't shown their higher bills are due to the overbuild requirements, and they never took part in the agency proceeding, so denying their petition was well within its rules, the FCC said. CEI hasn't shown a link between its supporters and the outcome of this litigation and hasn't identified a member with a concrete injury, it said. Sam Kazman, general counsel for CEI -- which argued the FCC abused its discretion (see 1901150049) -- told us Friday the agency focus on standing wasn't unexpected and is indicative of wanting to avoid discussion of the merits about conditions "to infinity and beyond." He hopes the court "will see through that ruse."

The FCC 24 GHz auction had $304.4 million in provisionally winning bids after the first day Thursday, on two rounds. The 28 GHz auction had $41.7 million at that point, closing in January with $702.6 million. New Street predicts prices per MHz/POP will be similar to the earlier high-band auction, with an estimated $3.3 billion in proceeds (see 1903050006). Other analysts made similar predictions. The highest prices so far are in the three largest markets -- New York, followed by Los Angeles and Chicago. Bidding continues Friday with three rounds. The auction started despite House Science Committee members seeking a delay (see 1903130057). The auctions are very different, so comparisons are hard to draw. The 28 GHz auction used the standard simultaneous multiple round auction format, with two 425 MHz blocks in each county. The 24 GHz uses a clock format and requires bidding on generic blocks in each partial economic area. A second phase will allow winners of the generic blocks to bid for frequency-specific license assignments. The 24 GHz licenses are offered in seven 100 MHz blocks in each market.

The FCC's September wireless infrastructure order set a rate ceiling of $270 annually per small-cell facility (see 1903130066).

The FCC appears poised to approve a rural call completion order with only modest changes to a draft, agency officials said. They said the vote at Friday's commissioners' meeting seems likely to be unanimous, though one said some concerns could be expressed. NTCA had urged the FCC to strengthen its proposed "flexible" intermediate provider service-quality standards and make its proposed sunset of "covered" originating provider record-keeping duties contingent on RCC rule effectiveness (see 1903050041). But CTIA and USTelecom backed the data recording and retention relief (see 1903080022 and 1903110070). Major changes aren't in the works, the commission officials said. A requirement for a bureau-level report on rural call completion is expected to be added to the item at the request of Democratic commissioners, and concerns about call-delivery overseas are expected to be addressed, "buried in the details," said one official. Attorney Robert Koppel of Lukas LaFuria said he's "optimistic" the FCC will address a problem he raised on behalf of long-distance providers handing off 100 percent of their voice traffic directly to foreign carriers terminating outside the country. He urged the FCC to clarify "it will not require the final 'intermediate provider' in the United States to ensure that any additional, non-U.S. intermediate providers, are registered" with the commission.

Vermont agreed not to enforce its net neutrality law or executive order, and ISPs agreed to pause their lawsuit against the state, while the U.S. Court of Appeals for the D.C. Circuit weighs the FCC’s 2017 order rescinding 2015 open-internet rules. “Parties wish to avoid a waste of judicial and party resources,” said a stipulation (in Pacer) Thursday at U.S. District Court in Burlington. An industry motion for summary judgment and Vermont motion to dismiss were pending (see 1902060057). Vermont restricted state procurement to ISPs that follow net neutrality rules. The agreement is “a win for consumers that will allow continued innovation and investment while these deliberations continue,” said the American Cable Association, CTIA, NCTA, New England Cable & Telecommunications Association and USTelecom, adding that Congress should pass a national law. Gov. Phil Scott (R) and the FCC didn't comment. California struck a similar deal with ISPs and DOJ in October (see 1810260045). Free State Foundation President Randolph May said that "from a legal perspective, it just doesn’t make sense for any state to move forward until the Mozilla case is resolved."

Hilton Grand Vacations asked the 11th U.S. Circuit Court of Appeals to suspend review of a consumer's appeal in a Telephone Consumer Protection Act case. The FCC "will soon issue its position on the key question in this case -- what counts as an 'automatic telephone dialing system' under the [TCPA]," said Hilton's motion (in Pacer) Tuesday in Melanie Glasser v. HGV, No. 18-14499-J. A U.S. district court sided with Hilton in ruling its telemarketing calls to Glasser weren't made by an ATDS, the use of which is restricted by the TCPA. Consumer groups back her appeal (see 1901250002). "The Supreme Court will soon decide what degree of deference the Commission's decision should receive in private litigation like this case," Hilton added. To conserve resources, the 11th Circuit "should stay proceedings" until the commission and high court act, Hilton said. The FCC, which is considering the ATDS definition and other TCPA issues, declined comment Wednesday. The Supreme Court is to hear oral argument March 25 on whether the Hobbs Act required a district court, in an unsolicited fax lawsuit, to accept an FCC TCPA interpretation, and Hilton said a high court decision in PDR Network v. Carlton & Harris Chiropractic, No. 17-1705, is expected by the end of June. Carlton & Harris and the U.S. solicitor general argue that the Hobbs Act strips defendants of a right to challenge agency decisions "by requiring enforcement courts to slavishly apply legal interpretations announced in covered agency orders," said PDR's reply Monday. "Nothing in the Hobbs Act compels that disturbing and anomalous result." Others support one side or the other, while the U.S. Chamber of Commerce said businesses must be able to challenge the reach and basis of FCC TCPA decisions cited in district court litigation exposing them to large damages (see 1901160030). FCC orders are subject to U.S. appellate court review.

FCC commissioners approved an NPRM proposing a reconfiguration of the 900 MHz band, creating a paired 3/3 MHz broadband segment while reserving two segments for continued narrowband operations. The NPRM was to be voted at Friday’s commissioners’ meeting (see 1902210048), part of the 5G focus of the meeting. “In light of the continuing evolution of technology and the marketplace, and consistent with the Commission’s recent efforts to increase access to flexible-use spectrum, we propose to reconfigure the 900 MHz band to facilitate the development of broadband technologies and services as well, including for critical infrastructure,” said the draft NPRM. The approved version wasn’t released by our deadline. It closely tracks the draft circulated by Chairman Ajit Pai, officials said. The NPRM also seeks comment on alternate approaches to realigning the band proposed to license the broadband segment on a geographic basis. “Designating this valuable spectrum for broadband will allow innovation and investment to flow, bringing the benefits of broadband to a new range of private enterprise customers, including utilities and other critical enterprise entities,” said Robert Schwartz, president of pdvWireless, which sought the NPRM along with the Enterprise Wireless Alliance (see 1708160059). “Private, secure wireless networks, which are essential to securing our nation's grid and providing broadband to private enterprise, are a perfect fit for this block of spectrum." Earlier this week, a broadcast TV item initially slated for Friday was issued after it too was approved early on circulation (see 1903120048).

Verizon Wireless suffered an East Coast texting outage, the carrier tweeted in reply to customer complaints Tuesday morning. “Our technicians a fully aware we have a ton of customers that are being effected [sic], and we're working non-stop to get this matter resolved as soon as possible.” The problem appeared to end later that morning. Service is fully restored after Verizon “experienced an issue impacting texting services for some customers this morning,” a spokesperson emailed us. “Our engineers were able to identify and resolve the issue quickly.”