Beyond implementation of the 21st Century Communications and Video Accessibility Act, FCC efforts at expanding digital opportunities for people with disabilities included improving video relay services and implementing rules to improve video captioning quality, Chairman Ajit Pai said Tuesday at the M-Enabling Summit in Arlington, Virginia, according to provided material. The FCC announced winners of the Chairman's Awards for Advancement in Accessibility: the Ava app for transcribing multiparty conversations on smart phones; Facebook's automatic alternative text feature, which describes on-screen images for people with visual impairments; Accessible Media's Integrated Described Video Best Practices Guide; and Amazon's VoiceView feature, which speaks on-screen text as a user navigates menu options.

The FCC's proposed USF contribution rate for Q3 is 17.1 percent of carrier revenue from interstate and international telecom service end users, said the Office of Managing Director in a public notice Tuesday in docket 96-45. That would be down from Q2's 17.4 percent and the same as what industry analyst Billy Jack Gregg recently projected after Universal Service Administrative Co.'s latest revision to its estimates for USF demand and industry revenue (see 1706050008). If the FCC doesn't act within 14 days, the proposal will take effect.

Cause of Action Institute (CoA), which represented LabMD in its FTC fight (see 1701050044), filed an amicus brief Tuesday in the 9th U.S. Circuit Court of Appeals, backing AT&T Mobility against the FTC (see 1705090068). In September, the full court will review the case, which could decide whether the agency has authority to regulate ISPs (see 1705100063). In its filing (in Pacer), CoA said the court's decision in the case could directly affect the nonprofit's ability to protect businesses from the agency in litigation in the circuit. "CoA is concerned that the FTC would weaponize, misinterpret, and exploit any dicta on matters not directly within the scope of the narrow issue presented (even if not briefed) in other ways to extra-statutorily expand its powers, as it has done before," the filing said. CoA said it's concerned about the "emerging pattern" of the FTC not waiting for legislation to allow the commission to regulate broad areas "that not only flips basic administrative law on its head but threatens the separation of powers vital to liberty." CoA said its brief provides a "different account" of the FTC's enforcement activities in privacy, data security and technology than offered by those supporting the commission. The FTC declined to comment. In the LabMD case, the agency alleged the medical-testing lab was liable for lax data security practices and exposing sensitive patient information. That case is now in the 11th U.S. Circuit Court of Appeals (see 1701050044).

FCC Chairman Ajit Pai is expected to tap people from outside the agency to lead the Wireless Bureau and possibly the International Bureau, industry lawyers said, as he promoted acting Chief Lisa Fowlkes to permanent Public Safety Bureau chief. Pai has promoted a number of other longtime officials in recent weeks, including Kris Monteith as Wireline Bureau chief, Michelle Carey as chief of the Media Bureau and Timothy Strachan as director of the Office of Legislative Affairs. Donald Stockdale, an economist and lawyer formerly at the Wireline Bureau, is seen as likely choice as Wireless chief (see 1706070059).

This iteration of the Communications Security, Reliability and Interoperability Council meets for the first time June 23, with Brian King, T-Mobile senior vice president-national technology service delivery and operations, at the helm, FCC Chairman Ajit Pai said Monday. Pai indicated in April that CSRIC was rechartered, though with less focus than it had in the past on cybersecurity (see 1704100059). The three working groups are: Transition Path to NG911, with Mary Boyd of West Safety Services as chair; Comprehensive Re-imagining of Emergency Alerting -- chaired by Farrokh Khatibi of Qualcomm; Network Reliability and Security Risk Reduction, chaired by Travis Russell of Oracle. “The CSRIC’s first meeting will introduce members of the Committee, set out initial assignments, and provide more information about the working groups,” said a public notice. The meeting starts at 1 p.m. in the Commission Meeting Room. A full list of members is in the notice (and see the personals section of this issue of this publication).

Building and real-estate groups backed a bid for FCC pre-emption of a San Francisco code that requires multi-tenant buildings to allow occupants to request access to competing communications service providers (see 1612150006). Initial comments "overwhelmingly support" the petition of the Multifamily Broadband Council to pre-empt Article 52 of the San Francisco Police Code, which "conflicts with federal law, will impede broadband deployment and infrastructure investment in multiple dwelling units ('MDUs') and will increase prices and reduce service quality for MDU residents," replied the National Multifamily Housing Council. Most replies were posted Friday and Monday in docket 17-91. Initial comments (see 1705190040) showed Article 52 "will harm competition, MDU residents, and building owners in San Francisco" by stripping "providers of the ability to secure financing for broadband deployment," replied MBC. Others filing replies backing the petition were: Alliance Residential; Camden Property Trust, Essex Property Trust; InfoSmart Partners and Converged Service Partners; Mill Creek Residential Trust; Sares Regis Group, Sequoia Equities and RealtyCom Partners; and a group of 24 apartment owners. San Francisco replied that the advocates of the petition largely ignored that it concerns whether federal law and FCC regulations pre-empt Article 52: "While many of the proponents ask the Commission to find that Article 52 'conflicts' with federal law and Commission policy, they provide scant legal analysis and nothing supporting such a finding. Rather, they urge the Commission to find that the policy reasons for adopting Article 52 are misguided and that San Francisco’s law, while intended to foster competition, 'discourages competition' and 'infrastructure investment' in [MDUs]. ... What is clear from the proponents’ comments is that they like the status quo." Industry providers and property owners backing the petition want the FCC "to allow them to continue to operate under the exclusive access agreements they have enjoyed," San Francisco said. Also filing replies in opposition to the petition were Boston, Fiber Broadband Association and Incompas. Article 52 is a "pro-competitive, barrier-removing local ordinance, with a now-proven track record for helping providers gain access" to MDUs, Incompas replied. FCC members tentatively plan to vote June 22 on a notice of inquiry that would seek comment on ways to improve competitive broadband access in multi-tenant buildings (see 1706010049).

Five consumer and privacy organizations are urging acting FTC Chairman Maureen Ohlhausen to resolve a year-old complaint that cable and satellite providers "continue to deceive consumers about their privacy practices" (see 1606090054). In a Monday letter, the coalition -- including Center for Digital Democracy, Consumer Action, Consumer Federation of America, Privacy Rights Clearinghouse and Public Knowledge -- said "the time is ripe" for the commission to act since the 9th U.S. Circuit Court of Appeals decided to rehear FTC v. AT&T Mobility, which restored the commission's authority to oversee non-common carrier activities of ISPs (see 1705100063). In the June 9, 2016, complaint, several members of the coalition plus other groups alleged AT&T, Cablevision and Comcast didn't disclose how much consumer information they were collecting through their TV subscription services, how they shared the data and how they created consumer profiles with it. "Now that the AT&T Mobility decision has been vacated, it is time for the FTC to do some policing," the groups said. "We ask that you now publicly and expeditiously resolve the pending complaint." An FTC spokeswoman emailed that the agency has received the letter but doesn't comment on investigations or even if they exist.

Commissioner Mignon Clyburn spoke positively of state broadband privacy efforts, following Congress repealing 2016 FCC broadband privacy rules. "When over 90% of consumers feel like they have lost control over their personal information ... government has a role to play when it comes to the protection," she told a Southeastern Association of Regulatory Utility Commissioners conference Monday, according to written remarks. "While I do not believe that any in the SEARUC member region have done so, over a dozen other states have introduced broadband privacy bills and I firmly believe that these federal and state privacy efforts do not have to be combative; they can be complementary. My goal of putting #ConsumersFirst holds true for privacy as well, which for me means that people and businesses who use broadband internet service should not reside in a regulation-free zone." FCC Chairman Ajit Pai and FTC acting Chairman Maureen Ohlhausen plan to harmonize internet privacy protections. Clyburn said FCC-proposed repeal of its 2015 broadband classification as a Communications Act Title II telecom service would "take away our strongest legal authority" for using USF to subsidize broadband, complicating "the fight to close the digital divide" and, potentially, state USF programs. She suggested it would be "mutually beneficial" for the FCC to adopt a nationwide Lifeline eligible telecom carrier application process accepted by all states. Clyburn said a Title II reversal also would add uncertainty to pole attachments and undercut FCC ability to use Section 253 to pre-empt state and local telecom barriers to tower siting and rights-of-way. She urged state regulators to work to reduce inmate calling service rates.

FCC Chairman Ajit Pai completed his trip examining rural broadband in the Plains states Saturday with a visit to Wyoming and a speech to the Wyoming Association of Broadcasters (see 1706090052). “5 states. 14 cities. 1,672 road miles. 1 wonderful trip from WI to WY. Thanks to the countless people I met! Taking your stories back to DC,” Pai tweeted Saturday. In his Wyoming speech, Pai conceded the post-incentive auction repacking would displace some low-power TV stations and translators, and said the agency will “work to find new homes for as many of these displaced stations as possible.” The FCC “will use all tools at our disposal to find spectrum for displaced Wyoming low-power television stations and translators,” Pai said. He touted FCC-proposed elimination of the main studio rule and the upcoming FM translator window, and urged broadcasters to comment in the media deregulation proceeding: “Your voice makes a difference.” Pai also met with legislators in their home states Friday -- with Senate Commerce Committee Chairman John Thune, R-S.D. and Sen. Ron Johnson, R-Wis., according to Pai’s twitter feed. “Had a productive discussion with @FCC Chairman @AjitPaiFCC and telecom stakeholders from across SD on improving connectivity in rural areas,” Thune tweeted Friday.

The FTC is "better suited" to oversee broadband privacy practices than the FCC and the "public utility-like" ISP regulation should be repealed, blogged Free State Foundation Senior Fellow Seth Cooper Friday, who summarized experts' comments at a recent FSF event (see 1705310027 and 1705310057). If the FCC does retain ISP privacy oversight, it "should adopt only the fact-specific, complaint-based ex post approach of the FTC," he said. Cooper said he doesn't favor the FCC retaining any such authority, but the framework "should be tied to market power analysis and target specific instances of claimed consumer harm or anticompetitive conduct."