The FCC gave ClearCaptions relief on hearing aid compatibility volume control reset duties. Wireline phones "are permitted to provide amplification to a level greater than the maximum specified in the applicable rule, but must automatically reset to a lower volume after the telephones are hung up," said a Consumer and Governmental Affairs Bureau order Tuesday in docket 18-307. CGB said ClearCaptions sought "waiver of the volume control reset provisions for its ClearCaptions Blue telephone devices ... that 'include a volume control override switch so that persons with hearing disabilities can use the telephone without having to turn the volume back up each time.'” The bureau granted waiver subject to certain conditions. The company didn't comment.

Litigation over a deregulatory 2017 FCC business data service order appears over. No cert petitions were apparently filed seeking Supreme Court review of an 8th U.S. Circuit Court of Appeals ruling in August that largely upheld the order (see 1808280050). Monday, the 90th day since an Aug. 28 judgment was entered by the 8th Circuit, was the deadline for petitions, we were told. An 8th Circuit case manager said she hadn't received any notifications of cert petitions being filed, and representatives of parties to the case were unaware of any such petitions. Supreme Court and FCC spokespersons didn't comment.

FCC rules authorizing auction of toll-free phone numbers took effect Friday, said a Wireline Bureau public notice Monday in docket 17-192. An order adopted unanimously by commissioners Sept. 26 targets 17,000 "mutually exclusive" numbers in the recently opened 833 code for the first auction (see 1809260047).

The 8th U.S. Circuit Court of Appeals rejected Free Conferencing's request to revisit a panel's 2-1 ruling the company intentionally interfered with a Qwest (CenturyLink) tariff contract with local carrier Tekstar (see 1810220042). The court denied a petition for rehearing en banc and by the panel, said a brief order (in Pacer) Monday in Qwest v. Free Conferencing, No. 17-2412. It noted Judge Bobby Shepherd, who dissented from the panel ruling, would have granted rehearing en banc. Free Conferencing didn't comment.

FCC Chairman Ajit Pai suggested Puerto Rico may need even more USF support to help the island recover from 2017 hurricanes. Pai noted $117 million in additional short-term funding support already allocated, plus $700 million in long-term support proposed in an NPRM, most of it existing funding repurposed for specific broadband deployment, with a competitive mechanism contemplated to allocate additional support. "The Fund would make available at least $100 million in new funding for Puerto Rico to rebuild and restore communications networks damaged in last year's storms -- with most of that new funding going to rebuilding the wireline networks," he responded to Rep. Jenniffer Gonzalez-Colon, R-Puerto Rico (exchange), posted Wednesday in docket 18-5. "I appreciate that additional support beyond this $100 million increase may well be necessary to rebuild, improve, and expand service in Puerto Rico." Pai, aides and other FCC officials met with Liberty Cablevision of Puerto Rico CEO Naji Khoury and other executives, who explained their company's use of "Stage 1" funding and proposals for additional funding, particularly its "support for allocating the majority of Stage 2 funding for new deployment through a competitive bidding process at the census block group level."

Comments are due Dec. 3, replies Dec. 10 on Southern Light's planned takeover of JKM Consulting's (M2 Connections) fiber network business. Applicants said there's little or no overlap between M2 operations in parts of Alabama and Uniti Group-owned Southern Light's fiber network services in Alabama and other states, said an FCC Wireline Bureau public notice in docket 18-323 and Tuesday's Daily Digest.

Comments on the FCC proposing to eliminate "outdated tariff-related requirements that provide little benefit while imposing burdens on carriers" are due in docket 17-308 on Dec. 20, replies Jan. 4, says Tuesday's Federal Register.

An FCC response "ignores Petitioners most fundamental arguments," replied Mozilla and others challenging the net neutrality rollback order under Communications Act Title I in the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC No. 18-1051 (see 1810120022). "The FCC does not explain why thirteen years of jurisprudence, including Brand X and USTA, would be wasted on articulating the proper standard for classifying BIAS [broadband internet access service] if the answer was always there, simple and unalterable: in the FCC’s latest telling, BIAS must be classified as an information service, as it has always led to third-party information services and will always do so. The FCC has no answer for this Court’s rejection of the FCC’s rationale when it was offered in USTA." The Internet Association and other intervenors replied, "The Commission' decision to eliminate all ISP conduct rules did not comply with the substantive and procedural protections of the [Administrative Procedure Act] and cannot stand."

NTCA wants the FCC to ensure Connect America Fund Phase II auction winners comply with eligible telecom carrier duties to offer a telecom service. Communications Act Section 214(e)(1) "indicates that only a telecommunications carrier ('TC') -- defined ... as a provider of a telecommunications service ('TS') (also defined in the statute) -- can be designated as an ETC," wrote Senior Vice President Mike Romano on a meeting with an aide to FCC Chairman Ajit Pai, posted Wednesday in docket 10-90: "(1) to receive USF, an entity must be an ETC; (2) to be an ETC, an entity must be a TC; and (3) to be a TC, an entity must offer a TS." The FCC (or state commission) reviewing ETC applications "cannot simply take at face value a claim that any given voice telephony service" is a telecom service, he said, seeking "a fact-specific analysis" to confirm telecom service offerings, "with detailed findings" on "tariffing or other indicators of public offering."

Verizon urged flexible FCC service quality standards for intermediate providers and elimination of data recording and retention requirements in implementing a 2017 rural call quality act. Several "intercarrier compensation proceedings are ripe for decision," with an access stimulation NPRM "the most relevant to rural call completion," said a filing on a meeting with Wireline Bureau staffers, posted Wednesday in docket 13-39. "Completing intercarrier compensation reform -- and in particular moving terminating transit and tandem charges to bill-and-keep -- should reduce or eliminate the financial incentives the Commission has identified." While the current access stimulation definition "may leave some room for improvement, the Commission does not have to revise" it to address tandem and transit access stimulation, Verizon said. It said it received eight rural call completion complaints in 2018 vs. 25 in 2015, and determined none of this year's was a "true rural call completion issue."