Some form of broadband regulation is inevitable but may wait awhile for political heat around what's become a politicized issue to die down, said Public Knowledge CEO Gene Kimmelman in an interview posted Friday of the American Cable Association podcast. He told ACA CEO Matt Polka there's more agreement than disagreement over a "reasonable framework" of regulation. "We're in troubled times" due to a particularly polarized political process, even as a rapidly changing digital market requires an active Congress. He said advocates need to stick to substance and avoid hyperbole. Kimmelman is encouraged by interest on Capitol Hill for privacy legislation, which could be a galvanizing moment for Congress. He said any such legislation needs to lead to more transparency for and choice by consumers about what of their data is being handled and how, and perhaps nonnegotiable limits on how data can be used. Asked about the likelihood of a DOJ-led breakup of big tech companies, Kimmelman said there's "some logic" to that, but antitrust laws aren't "well equipped" for that and there needs instead to be a look at other government accountability tools to prevent discrimination and abuse. DOJ's intervening in vertical mergers like AT&T/Time Warner was "very refreshing," though the Justice loss in court was disappointing. He hopes that won't dissuade Justice in the future. Kimmelman said Nexstar/Tribune will surely face the same regulatory scrutiny about concentration in local markets and calls for some station divestiture, but they're likely more willing to work with the government than Sinclair was, so the deal is more likely to go ahead.

The FCC and Universal Service Administrative Co. should lower entry barriers to Lifeline, said Free Press, Common Cause, the National Hispanic Media Coalition and other consumer groups in Tuesday and Wednesday meetings with USAC and the FCC Wireline Bureau. The advocates raised concerns about requiring Supplemental Nutrition Assistance Program cards show expiration dates for proving eligibility and latitude/longitude requirements for individuals lacking a U.S. Postal Service-recognized address, said a notice posted Friday in docket 17-287. Paper applications should “take into consideration obstacles for unhoused individuals who do not have a residence to report on the application and do not have requisite internet access to obtain their latitudinal and longitudinal location as a replacement for a standard street address,” they said. Increasing public awareness of Lifeline could increase participation, and more transparent data on subscribership and demographics might help diagnose causes for attrition, the consumer groups told the bureau. NARUC last month agreed to a resolution urging the FCC and USAC ensure the national verifier accesses state databases required to automatically check user eligibility (see 1902130052).

Ex-FCC Commissioner Mignon Clyburn doesn't plan to run for Congress "for the foreseeable future," she told us, countering persistent speculation she might seek the seat of her father, House Majority Whip James Clyburn, D-S.C. She noted a recent story reporting her sister, Jennifer Clyburn Reed, an educator, is ready to enter politics and is interested in their father's seat. The elder Clyburn, 78, says he doesn't know if his daughter "will run for office, but I know if she is planning to run for my seat, she’s going to have to wait for awhile.” Incompas announced Wednesday Mignon Clyburn will lead a campaign to boost tech innovation and inclusion in America's heartland (see Notebook at end of 1902270018).

The mail room at the FCC's Gettysburg, Pennsylvania, facility was temporarily closed after what was initially believed could be a hazardous materials incident Tuesday, an agency spokesperson said Wednesday. He said a contractor opening mail suddenly felt nauseated and had watering eyes, and that worker was taken for treatment and examination to a local hospital while Federal Protective Services -- already in the building for a routine inspection -- went into the mail room in hazmat suits and tested for contamination. The spokesperson said no evidence of a problem was found. He said the mail room is separate from the FCC offices, which didn't close, and was operating again Wednesday.

March 4 is when consumer groups publicly brief legislators on privacy (see 1902260062).

FCC Chairman Ajit Pai encouraged other countries at the Mobile World Congress Latin American Dialogue Roundtable to work with the U.S. headed into the World Radiocommunication Conference later this year. “On some issues, like spectrum for both terrestrial and space-based services, we simply cannot do it alone,” Pai said Wednesday. "Many of the countries represented in this room have been working hard and steadily to advance regional proposals on spectrum harmonization” ahead of the WRC. “We bring different ideas to the table, but there are far more areas where we agree,” he said. Pai’s speech mostly involved what the FCC is doing to prepare for 5G. He mentioned work on mid-band spectrum but didn’t offer anything new on the bands under consideration. Pai promised more action on wireless infrastructure. “We cannot and will not let today’s red tape strangle the 5G future,” he said. “The FCC has reformed our wireless infrastructure rules, and why we’ll keep doing so.” Pai spoke in Spanish, and the FCC released an English version.

AT&T has a smooth path ahead after an appellate court ruled Tuesday DOJ didn't prove its case for stopping the company’s buy of Time Warner (see 1902260017), said Chief Financial Officer John Stephens Wednesday at a Morgan Stanley conference. “It was a very good day yesterday,” Stephens said. “It was a ruling we expected to receive.” AT&T can now develop “a great asset,” he said: “We had made some commitments until the end of this month to hold it separately.” The wireless industry is competitive, but advertising spending isn’t out of hand, Stephens said. “We’re seeing promo activity in the industry, but it seems to be rather rational and it seems to be rather measured,” he said. With the FirstNet build, AT&T will increase its spectrum capacity by 50 percent by year-end, he said: “That gives us a significant advantage. … Our customers who have phones in their hands today are going to get those benefits.” AT&T sees lots of potential in the first responder market, Stephens said. First responders number about 3 million, but most use multiple devices so devices total closer to 10 million, he said. The buildout is about six months ahead of schedule and should hit 60 percent this year, he said: “I would hope that we would get even farther.” Verizon’s 5G buildout will likely continue over several years, with costs falling within its historic capital expenditure numbers, Chief Financial Officer Matt Ellis said at the same conference Tuesday. The move to 5G could prompt more customers to upgrade their devices, Ellis said. “We don’t see necessarily a massive shift in the upgrade trends.” Verizon expects to keep churn low, he said: “When we have the combination of network performance and the right offer in the marketplace, our churn continues to be good.” With other new generations of wireless, early devices tended to have problems, he said: “It’s either had a really low battery life or it looked like a brick.” The Samsung Galaxy S10 5GB Verizon announced last week (see 1902200065) “is a fully fledged, iconic” smartphone, he said.

The FTC Competition Bureau launched a task force to monitor tech industry competition and investigate anticompetitive conduct, the agency announced Tuesday. The commission is in the midst of a monthslong series of hearings for determining if policy changes are needed. Chairman Joe Simons acknowledged the link between the hearings and the new task force. The new entity is modeled after the agency’s merger litigation task force, launched by Simons in 2002 as competition director. That panel focused on hospital combinations and the retail industry. “It makes sense for us to closely examine technology markets to ensure consumers benefit from free and fair competition,” Simons said. The new group will include about 17 staff attorneys from divisions within the bureau, the FTC said, plus a tech fellow. Expertise includes online advertising, social networking, mobile operating systems, apps and platform businesses. Competition Director Bruce Hoffman, Deputy Director Gail Levine and Associate Director-Digital Markets Daniel Francis will oversee the task force. Tech markets “raise distinct challenges for antitrust enforcement,” Hoffman said. Centralizing expertise will let the bureau “focus on these markets exclusively -- ensuring they are operating pursuant to the antitrust laws, and taking action where they are not.”

The FCC asked a court to consolidate and hold in abeyance challenges to a September wireless infrastructure ruling-order. The 9th U.S. Circuit Court of Appeals should consolidate 13 local and industry petitions for review, with proceedings abated while the agency considers an administrative petition from some localities to reconsider the item to remove local barriers to small-cell deployment, said the commission's motion Monday in Sprint v. FCC, No. 19-70123 and other cases. Some anticipated this (see 1901250010). The reconsideration petition "raises substantially the same issues as those raised in the nine petitions for review filed" by localities, the FCC said. "Like those petitioners, the petition for reconsideration seeks review of the Order’s determinations regarding state and local fees and charges ... timelines for state and local authorizations... and the effective prohibition standard generally." The agency called it "common practice" to hold such cases in abeyance, given potential for regulatory updates. It said industry parties backed both requests, while local interests supported consolidation but not holding the cases in abeyance, with some reserving the right to seek to further consolidate them with a Portland v. FCC (No. 18-72689) challenge to an August ruling barring local moratoriums on deployment. "Industry petitioners and intervenors (all of whom love the FCC’s order) support the FCC’s motion completely," emailed Spiegel & McDiarmid attorney Tim Lay, who represents localities. "Municipal & municipal utility petitioners and intervenors, including our clients (all of whom hate the order), support consolidation of all of the cases ... but oppose the FCC’s request to place the appeals on indefinite hold ... because then the FCC could sit on the reconsideration petition, thereby blocking local governments’ ability to obtain timely court relief." He said by phone Tuesday he suspects localities will oppose the abeyance requests and expects a motion to be filed to consolidate all the cases. Sprint told us it would continue to respond directly to the court. Little Rock, the Missouri Association of Municipal Authorities and the FCC agreed (in Pacer) to dismiss their case (No. 19-70148). Portland and local intervenors Monday opposed (in Pacer) a previous FCC motion to hold in abeyance their challenge to the August ruling pending resolution of three petitions to reconsider that item (see 1902150039).

Comments on privacy to NTIA show “urgency, and a desire for American leadership” there, and that a “patchwork regulatory landscape” won’t work, Administrator David Redl said Tuesday at Mobile World Congress in Barcelona. “We want to build consensus around a fundamentally American approach to privacy, built on the same bedrock principles that so many nations share,” Redl said. “We’ve been talking with dozens of stakeholders to better understand what the problems are, what we can agree upon, and how we can move forward.” The model must ensure people trust technology that's part of their lives, he said. Privacy and prosperity are both possible, he said. “Focusing on risks and outcomes is preferred to notice-and-consent approaches,” Redl said. “Few consumers bother to read long legal notices -- and it’s our view that giant compliance departments aren’t going to lead to better privacy outcomes for consumers. We don’t want companies creating checkboxes and regulators critiquing web design.” Redl touched indirectly on who will be allowed to provide telecom network equipment in the U.S. (see 1902260019). The administration is considering rules against equipment by Chinese providers (see 1902220066). Booths at MWC show many options for 5G equipment, he said. “When network operators around the world are deciding which equipment they’re going to use, their first thought should be: Do I value my customers’ privacy and data security?” Redl said: “Our four largest wireless carriers have clearly answered affirmatively.”