President Donald Trump signed off Friday on a Congress-passed continuing resolution to fund the federal government through Dec. 22. The Senate cleared the funding measure 81-14 Thursday. The House passed it earlier Thursday, soon after the FCC released its government shutdown plan (see 1712070071).

The U.S. Court of Appeals for the D.C. Circuit called for responses (in Pacer) to a petition asking for an en banc rehearing of the Multicultural Media, Telecom and Internet Council’s challenge (see 1710170036) of the FCC rulemaking on multilingual alerts. “The full court has called for responsive briefs, where presumably the difficulties in implementing such alerts will be discussed,” blogged Wilkinson Barker broadcast attorney David Oxenford. The review “raises serious issues that may be considered by the court,” Oxenford said. MMTC's petition (in Pacer) is based on Judge Patricia Millett’s dissent (in Pacer) from the ruling for the FCC. Millett said the majority opinion didn’t adequately explain why it rejected MMTC suggestions for alternative ways to implement multilingual EAS messages, and faulted the majority for allowing more delay. “Choosing to repeat an inquiry that has twice been asked and answered, the Commission identified no reason to believe that round three of reporting would reveal new ways to address the multilingual problem,” Millett said. MMTC said "the panel’s decision therefore must be set aside for the reasons outlined in Judge Millett’s well-reasoned dissent.”

The FCC is obstructing a law enforcement investigation, the New York attorney general’s office said Friday. Commissioner Jessica Rosenworcel slammed her agency’s general counsel for refusing to cooperate with the probe into allegedly fake comments in the proceeding to rescind some net neutrality rules (see 1712040046). FCC General Counsel Thomas Johnson wrote in a Thursday letter to New York Attorney General Eric Schneiderman (D) the commission declined the request.

A higher percentage of emergency alert system participants received the alert signal during the 2017 national EAS test (see 1709270071) than in 2016, but more than 1,000 fewer EAS participants sent their receipt and transmission results to the agency afterward, and more TV stations didn't get the alert and so didn't pass it on, said initial results Thursday from the FCC Public Safety Bureau. “Performance appears to have improved over what we observed in the 2016 nationwide EAS test,” said a public notice. This year, 95.8 percent of test participants successfully received the simulation, vs. 95.4 percent. But 19,069 broadcasters provided information afterward, compared to 20,389. More participants received the alert through the Integrated Public Alert Warning System in 2017, 59.3 percent v. 43.5 percent. Only participants that received the alert through IPAWS were able to send out Spanish-language alerts, and 207 test participants did so in 2017, up from 75 in 2016. The results could change with further analysis, the PN said. “Together with [the Federal Emergency Management Agency], the Bureau will continue to analyze the results of the 2017 nationwide EAS test and release more detailed findings when available.”

The FCC Public Safety Bureau seeks comment on government and communications industry preparation and response to 2017’s hurricanes and tropical storms, said a public notice Thursday. “This input will inform the workshop(s) that we plan to hold next year to further explore the matter,” Chief Lisa Fowlkes blogged. “Our aim is to build on successful approaches and develop options to address shortfalls as we prepare for future disasters.” According to the PN, the FCC issued more than 85 Disaster Information Reporting System status reports during the 2017 hurricane season, granted more than 200 requests for special temporary authority, and issued more than 30 related PNs and orders. The bureau seeks comment on the causes of communications outages, the effectiveness of responses from the FCC and service providers, and the availability of information. Comments are due Jan. 22, replies Feb. 21. In Puerto Rico, 24.4 percent of cellsites remain out of service, said the FCC's Hurricane Maria update Wednesday, noting a carrier roaming agreement to provide maximum wireless coverage collectively. In the U.S. Virgin Islands, 25.6 percent of cellsites are out, with 75 percent on St. John out. Noting "widespread power outages" in Puerto Rico and the Virgin Islands, the agency said it received reports that large percentages of consumers are without either cable or wireline service. Five TV stations are confirmed operational in Puerto Rico, with two suspected off-air, 70 given special temporary authority to be off and 30 stations with unconfirmed status; in the Virgin Islands, 14 TV stations have STAs and two unconfirmed status. Puerto Rico has 97 radio stations confirmed operational, 38 confirmed out, 16 suspected off-air, 29 unconfirmed and five with STAs. Four radio stations in the Virgin Islands are confirmed operational, three are suspected out, one has an STA, and 20 stations are unconfirmed.

In a government shutdown, the FCC as usual would largely be shuttered, the agency said hours before the House passed 235-192 a short-term continuing resolution Thursday to fund the federal government through Dec. 22. The Senate was expected to vote on the resolution after our deadline. All FCC employees would report to work the first business day after any lapse in appropriations and spend no more than four hours in shutdown activities including securing their work areas and locking up materials, canceling travel plans and scheduled training, internal and external meetings and FCC-sponsored events and putting out-of-office messages on email and voicemail, said the plan. It said of 1,492 employees, the five commissioners will be retained since their compensation doesn't come from annual appropriations that lapse, and up to 227 other employees would be retained because they support spectrum auction-related activities or are otherwise involved in oversight or protection of life or property or are performing international and treaty-related activity. It said a variety of IT contractors and others also will be retained, including 85 IT contractors needed to support auction-related activities.

The National Institute of Standards and Technology is seeking comments by Jan. 19 on a second draft of its Cybersecurity Framework released Tuesday that is based on extensive consultation with the private and public sectors, NIST said. Internet Security Alliance President Larry Clinton praised the updated framework for making “significant achievements toward achieving the goals of the original [Cybersecurity] Executive Order.” The new draft clarifies supply chain risk management assessments, and extends use of the framework to include information technology systems and IoT, the agency said. As the agency works on the second draft, it will be looking at ways to help organizations of all sizes use the framework to meet their specific cybersecurity needs, NIST said.

An Alaska tribal group asked the FCC to "fully fund" the USF Rural Health Care Program for funding year 2016 in the draft order and NPRM targeted for a vote at the Dec. 14 commissioners' meeting (see 1711220026). The commission draft proposed to "carry forward for use in FY 2017 any available RHC Program funds from prior funding years and, on a one-time-basis, commit those funds" to RHC participants for FY 2017, said a Tanana Chiefs Conference filing in docket 17-310. While applauding that proposal, the TCC said the draft doesn't "address the existing RHC Program funding shortfall" for FY 2016, which "caused a great deal of hardship" for rural healthcare providers and the people who depend on them. The group said the FCC should ensure that those providers "get all the funds to which they were entitled before" the agency implemented "pro rata funding."

Charlie Ergen stepping down as Dish Network CEO is "more housekeeping" than a reflection of any strategic change in business, Wells Fargo analyst Marci Ryvicker wrote investors Tuesday. Dish said Ergen, while remaining chairman, was promoting President Erik Carlson to CEO so Ergen could dedicate more attention to its wireless business. The company Tuesday said it's moving to a group structure; among those reporting to Carlson are Dish TV Group President Brian Neylon; Sling TV Group President Warren Schlichting; John Swieringa, who succeeds Carlson as chief operating officer; and Chief Technology Officer Vivek Khemka. Ergen previously gave up the CEO role in 2011 to Joe Clayton, resuming it in March 2015 when Clayton left (see 1502230038). Dish has committed to rolling out a 5G-centric NarrowBand IoT network by spring 2020 (see 1703080026).

Along with luring cord cutters and cord nevers, AT&T's DirecTV Now over-the-top service also is helping it snag customers from rival MVPDs, which make up about half its customer base, Chief Financial Officer John Stephens told investors Tuesday. AT&T said DirecTV Now subscribers surpassed 1 million. The company is beta testing its second-generation platform that will include a cloud DVR and 4K capabilities, pay-per-view events and movies, digital advertising inserts and data insight capabilities, Stephens said. He said DirecTV Now profitability "will get up into very acceptable levels," and though it isn't the same fat profit margin opportunity the traditional linear TV business was, it requires much lower capital expenditures. On FirstNet, any states that don't make a choice automatically will be opted in when the opt-in window closes this month, and many states may go that route, he said. He said the work orders to build the FirstNet network over the next five years will start to be issued in January, with the engineering work already complete. He said FirstNet is "a very good revenue opportunity for us," with the potential of new products and services targeting markets like first responders and smart city initiatives, targeting perhaps 10 million users. Stephens said the company expects to finish this year with 7 million homes passed with fiber, and instead of an earlier prediction of 12.5 million by mid-2019, it's on track to pass more than 14 million homes with fiber by then. Stephens said customers should see "no change" from a rollback of Communications Act Title II regulation of ISPs, with the company continuing its policies of no blocking or advantaging some websites over others. House Communications Subcommittee ranking member Mike Doyle,​ D-Pa., and Chairman Ajit Pai were at odds Tuesday about the likely ramifications of Pai's net neutrality proposal (see 1712050057). Clarity on net neutrality "will bring back an opportunity for more investment," Stephens said. He said the company "look[s] forward to trial" and prevailing in the DOJ lawsuit seeking to block its buy of Time Warner (see 1711200064).