The FCC granted a Sprint motion to dismiss with prejudice its complaint against CLEC North County Communications that had effectuated a primary jurisdiction referral from the U.S. District Court for Southern California. Sprint's motion said it "had obtained a final judgment against North County in the Court and all appeals were exhausted," said the Enforcement Bureau order Thursday in proceeding 14-223. The bureau noted North County opposed the motion, arguing the court had referred its access-charge claims against Sprint to the commission, which Sprint's complaint effectuated. Staff noted North County has no proceeding of its own before the FCC and intends to renew its claims against Sprint in court after the agency's determination, but Sprint now argues the "underlying case is over" and the FCC lacks jurisdiction. "In light of Sprint’s position, we see no reason for the Commission -- or the parties -- to continue to expend resources resolving the Complaint," said the bureau: "If North County disagrees with Sprint’s position, its recourse is to raise the issue with the Court." North County is evaluating its options, outside counsel Dale Dixon told us. The "conundrum" is neither the court nor the FCC wants to decide some claims against Sprint for payment of call termination charges dating to 2009, he said.
The FCC Wireline and Wireless bureaus released updated broadband deployment data based on Form 477 submissions, the agency said Wednesday. Fixed and mobile data show deployment as of Dec. 31, the FCC said. The fixed data includes revisions by filers through Nov. 13 this year, and mobile data includes revisions through June 13. The FCC didn't summarize the data provided in spreadsheets.
The FCC pledged more work on 911 systems next year. The Public Safety Bureau is finalizing its latest report on state 911 fees, including which states divert funds, to submit to Congress by year-end and release it online in early 2019, Chief Lisa Fowlkes blogged Tuesday. The bureau is “hard at work” to improve 911 calling from multiline telephone systems by the September statutory deadline, and is studying the record on wireless 911 location, she said. Expect commission action in 2019, she said. It’s also reviewing feedback on how to route wireless 911 calls more quickly, but Fowlkes gave no date for action. Commenters backed the thrust of FCC proposals to improve MLTS 911 calling, while industry voiced concerns about possible "dispatchable location" rules (see 1812110025).
The FCC Monday sought nominations by Jan. 10 for a two-year Broadband Deployment Advisory Committee term, as Chairman Ajit Pai promised last week (see 1812070050). The FCC plans to renew BDAC’s charter, subject to General Services Administration approvals, for two years starting March 1.
AT&T’s focus on shareholder dividends stands in the way of ambitions to build a scaled direct-to-consumer business (see 1810100038) to rival Netflix, BTIG's Walter Piecyk wrote investors Wednesday evening. Thursday, the company didn't comment. Piecyk cited AT&T’s discussion of its DTC content strategy at an investor meeting -- to forgo WarnerMedia licensing revenue in favor of exclusive content -- and then its course reversal Monday to re-license Friends to Netflix for $100 million. “We wonder why investors should expect AT&T to show any resolve in future content decisions given the size of Netflix and Amazon’s checkbook and the likely entrance of Apple and Disney into the DTC market,” said Piecyk. The Time Warner acquisition was pitched to investors as an opportunity to expand the market for WarnerMedia content by leveraging AT&T’s wireless and advertising capabilities, said the analyst. Piecyk quoted BTIG's Richard Greenfield in October: “Content like Friends is likely to disappear from Netflix in 2019 as WarnerMedia launches its own SVOD service.” A Twitter panic set in over the weekend as fans reacted to news on the Friends Twitter page that the popular syndicated show was leaving Jan. 1. Calm was restored with a screen grab of the Ross character tweeting Monday: “The Holiday Armadillo has granted your wish: ‘Friends’ will still be there for you in the US throughout 2019.” BTIG questioned how investors should think about losing high-profile syndicated content as more content creators launch their own subscription VOD services and how actors in those syndicated shows will feel about “their content reaching a fraction of the subscribers they currently do on Netflix.”
The Wireless ISP Association slammed NTCA questioning of VoIP eligibility for Connect America Fund Phase II auction support as a "misguided effort to rewrite" Communications Act Title II and FCC rules. "NTCA’s arguments seek to saddle auction winners with additional obligations not required by long-established law, undermine the Commission’s consideration of long-form applications submitted by auction winners, and delay the deployment of broadband and voice services," WISPA filed, posted Wednesday in docket 10-90. NTCA said Nov. 14 CAF II winners must comply with eligible telecom carrier duties to offer a telecom service, urging the FCC to scrutinize VoIP claims (see 1811150005). "The Commission has recognized that legacy TDM voice subscriptions continue to plummet, and [VoIP] subscriptions and mobile voice subscriptions continue to rise," WISPA countered. "Consumers wanting voice service are voting with their wallets, and are migrating towards services that offer substitute -- and improved -- functionality."
The FCC Native Nations Communications Task Force, which was to meet Tuesday and Wednesday, canceled Wednesday’s portion, said a public notice in Tuesday's Daily Digest. The agency is closed Wednesday in honor of the late President George H.W. Bush (see 1812030032).
The FCC should revisit its budget for Puerto Rico recovery, said Puerto Rico Telecommunications Bureau Chairwoman Sandra Torres Lopez in FCC meetings last week. She had meetings Wednesday and Thursday with Chairman Ajit Pai, Commissioners Jessica Rosenworcel and Brendan Carr, and aides to Commissioner Mike O’Rielly, said docket 10-90, as expected (see 1811290045). Torres met with Pai and officials from the Public Safety, Wireline and Wireless bureaus, said a filing. “Current round of funding appears to be lower than what will be needed to restore, advance, and harden critical infrastructure,” said a presentation.
The Professional Association for Customer Engagement committed to working with members to provide information on costs of a reassigned number database, which the FCC is considering authorizing to help prevent illegal robocalls under the Telephone Consumer Protection Act. Legitimate callers are harmed "by blocking and labeling legal and TCPA-complaint calls," which can have "unintended consequences," filed PACE on meetings with Commissioner Mike O'Rielly, aides and Consumer and Governmental Affairs Bureau staffers, posted Friday in docket 02-278. Numeracle CEO Rebekah Johnson shared her experiences as a consumer getting legitimate calls that her wireless carrier "improperly" labeled as "SCAM LIKELY." Banks called to verify her wire transfer and her use of a credit card at a remote store, leading to her card being canceled when she didn't answer; she also missed a call from an airline about a flight.
As the tech-telecom-e-commerce industry outpaces the rest of the U.S. economy, it faces sufficient competition, the Progressive Policy Institute reported Thursday. Productivity in the sector grew almost 60 percent 2007-17, compared with 5 percent in the rest of the non-health private sector, PPI said. “Companies in the tech/telecom/ecommerce sector are subject to sufficient competitive pressures that they are distributing their rapid productivity gains to customers in the form of falling prices -- and to workers in the form of higher pay and more jobs.” The group advises antitrust regulators to weigh potential global competition when considering market concentration and to examine industries sector by sector. “There’s no evidence that today’s tech leaders make up a significantly higher share of the U.S. and global economies compared with past industry leaders,” it said.