Telco and cable interests opposed a consumer group petition for reconsideration that asked the FCC to put more of the onus and cost for implementing new backup power solutions on fixed-service providers and less on consumers (see 1511170042). Rules in an August tech transition order (see 1508060044) "promote access to 911 service by customers of non-line-powered, fixed voice service providers during commercial power outages in a manner that appropriately reflects consumer expectations regarding access to emergency communications," said the American Cable Association, NCTA and USTelecom in a filing Thursday in docket 14-174. "The Commission’s actions were based upon extensive comments from all interests, including Petitioners, and substantial evidence about the diminishing reliance that consumers have elected to place on line-powered voice service. The Petition counters none of these facts and thus offers no basis for the Commission to make any change to those rules, and therefore it should be rejected." In its opposition posted Friday, CenturyLink said the petition filed by the National Association of State Utility Consumer Advocates (NASUCA) and other groups "is procedurally infirm and otherwise without merit." The ITTA, NTCA and Fiber to the Home Council Americas filed oppositions last week (here, here and here). The NASUCA petition did pick up backing from the International Association of Fire Chiefs earlier last week, which said the order abandoned core public safety and consumer protection principles. "In enabling new technologies for 911, the standard of performance should be reliability that is at least equivalent to the current universal access landline telephone network. The Rule and Order fail to meet this standard," the IAFC said in a letter to the FCC. "The IAFC supports the petitioners’ request and respectfully requests the FCC reconsider its Rule and Order as outlined by the petitioners and place responsibility upon the carriers for ensuring the continuity of 911 communications. The Rule and Order as written will negatively impact the ability of individuals to reach 911."

As it develops network plans for the Connect America Fund Phase II buildout, Frontier has found fewer locations in need of services in seven states in which it had accepted funding, the company said in a letter to the FCC. Frontier found the locations in Arizona, Connecticut, Iowa, Minnesota, Nebraska, New Mexico and New York, the letter said. Because of these findings, the company is asking the FCC to adjust the expected number to the actual number of locations, it said.

X5 OpCo and X5 RTC notified the FCC of their intent to acquire the customer base of CornerStone Telephone. The assets include wholly owned subsidiaries Public Interest Network Services and Richmond Telephone, the letter said. “The planned transfer … will take place on or after January 29, 2016, or as soon as possible following receipt of regulatory approvals and satisfaction of other closing conditions,” the companies said. The Massachusetts-based ILEC Richmond serves 813 voice and 154 broadband customers, the letter said.

Attorneys for Sandwich Isles Communications cited the "critical importance of federal high-cost support" for SIC to operate in the "very high-cost" Hawaiian Home Lands, in a meeting with the FCC Office of General Counsel staff on the "status of high-cost support disbursements" to the company. The disbursements were the subject of a petition for emergency relief filed by SIC earlier this month seeking rescission of an FCC directive suspending high-cost program support for the company -- SIC said in a letter posted by the commission Tuesday in docket 10-90. They also said SIC is willing to cooperate with an ongoing Universal Service Administrative Company audit and that the audit needs to be completed "as soon as possible," citing the "need for resolution of the suspension" affecting the company's high-cost support during July through December of this year and the need for resolution of state certification challenges that could "potentially" affect its 2016 high-cost support, the letter said.

The FCC Monday released the text of an order partially granting a USTelecom petition for ILEC forbearance relief from certain regulatory requirements. "We grant full or partial forbearance from the majority of categories of requirements covered by the petition for forbearance filed by the United States Telecom Association (USTelecom) pursuant to section 10 of the Communications Act of 1934, as amended," said the 90-page order, which was adopted by commissioners Dec. 17 (see 1512170052). The order (in docket 14-192) included partial dissents from three commissioners, though not on the same parts in all three cases.

The Pennsylvania Public Utility Commission moved to withdraw a petition that had asked the FCC to allow the PPUC to adjudicate an intercarrier compensation dispute between AT&T and Core Communications over dial-up Internet traffic. The PPUC cited a recent ruling of the 3rd U.S. Circuit Court of Appeals, which granted a PPUC appeal and overturned a U.S. district court ruling that sided with AT&T. “The Third Circuit decision addressed and resolved the controversy discussed in the petition, thereby rending the instant Petition moot,” the PPUC said in a request Wednesday in FCC docket 14-70. The PPUC had ruled in Core’s favor on its efforts to bill AT&T for terminating phone calls from AT&T’s customers to Core’s ISP customers from 2004 to 2009. Asserting, among other arguments, that dial-up Internet traffic was the exclusive domain of the FCC, AT&T subsequently persuaded the U.S. District Court for the Eastern District of Pennsylvania to grant it summary judgment on the grounds that the PPUC lacked jurisdiction. The PPUC then appealed to the 3rd Circuit and filed its petition at the FCC. The 3rd Circuit ruled in favor of the PPUC on Nov. 25. “Because we find that the FCC’s jurisdiction over local ISP-bound traffic is not exclusive and the PPUC orders did not conflict with federal law, we will vacate the judgment of the District Court and remand this case for entry of judgment in favor of Core and the members of the PPUC,” a three-judge 3rd Circuit panel said in its opinion, which also found AT&T's other arguments unconvincing.

The FCC is seeking comments by Jan. 21 and replies Feb. 5 on a CenturyLink waiver petition to ease consolidated regulatory treatment in states where it has multiple incumbent local telco coverage areas, said a Wireline Bureau public notice Tuesday in docket 15-324. The petition requests "a waiver, to the extent required, of sections 51.907 and 51.915 of the Commission’s rules to facilitate a pro forma internal restructuring plan whereby CenturyLink will undertake to merge some or all of its ILECs in states in which it has multiple ILECs to reduce the number of Study Areas in the state,” the bureau said. “CenturyLink states that the waiver is sought ‘to ensure that the Transitional Access Rates and eligible recovery of its ILECs can be consolidated in each jurisdiction and calculated on the basis of each surviving Study Area in a state.’”

The FCC rejected a Global Tel*Link objection to a request by CenturyLink’s outside counsel to view confidential information GTL submitted in response to a commission order in the inmate calling service rulemaking. GTL didn’t raise any objections that were specific to the counsel but instead made arguments that “amounted to a disagreement with the terms” of a protective order in the proceeding, the bureau said in an order in docket 12-375 listed in Tuesday’s Daily Digest. “Because GTL’s arguments all go to the merits of allowing its information to be reviewed pursuant to the Protective Order, we dismiss GTL’s objection as untimely,” the bureau said. The bureau also said it disagreed with GTL’s arguments on the merits. While the information may be confidential and commercially sensitive, GTL’s concerns are “unfounded,” given the safeguards of the protective order, the bureau said. The company information is also relevant to the rulemaking, weighing in favor of making it available under the safeguards, the bureau added.

The FCC approved an application to transfer control of Impact Telecom, Matrix Telecom and Matrix Telecom of Virginia to Garrison TNCI. The transfer of license control under Section 214 of the Communications Act was approved by the Wireline Bureau, said a public notice released Monday in docket 15-275.

The FCC is seeking comment on the proposed transfer of certain assets from CornerStone Telephone, Public Interest Network, Richmond Networx and Richmond Telephone to X5 OpCo and X5 RTC. Initial comments are due Jan. 4 and replies Jan. 11, said a Wireline Bureau public notice issued Monday in docket 15-318. CornerStone owns Public Interest Network and Richmond Telephone, which owns Richmond Networx; the companies provide telecom service in New York and Massachusetts. X5 OpCo provides local and long-distance services in Washington, Oregon and Utah. "Except with respect to Richmond Telephone, CornerStone will sell the entirety of its interest in operational assets, customer and supplier contracts, and all of CornerStone’s personnel will be transferred to X5 OpCo," the bureau said. "The operational assets, customer and supplier contracts, personnel and owned real property of Richmond Telephone will be transferred to X5 RTC."