AT&T praised the FCC for proposing a streamlined Enforcement Bureau complaint process and supported "suggestions to harmonize the procedural rules that apply to Section 208 formal complaints, Section 224 pole attachment complaints, and disability access complaints" under the Communications Act. The commission should also "adopt a rule setting forth processes for the filing and consideration of pre-answer Motions to Dismiss for all kinds of formal complaints," said the company's filing posted Monday in docket 17-245 on an NPRM (see 1709180057). "Although the Commission already has authority to entertain and grant such motions, adopting a rule specifying procedures for doing so would provide Commission staff and formal complaint parties with useful guidance and certainty. ... [M]any formal complaints raise threshold legal questions that, if decided at early stages of the proceedings, would significantly narrow or eliminate entirely the litigation, minimizing or avoiding the need for potentially costly, lengthy, and onerous discovery, non-dispositive motions practice, and fact-finding." Commenters had mixed views last October on the notice (see 1710270027).
AT&T pressed the FCC to increase USF support for Puerto Rico and the U.S. Virgin Islands, as proposed by Chairman Ajit Pai. The "communications network situation" on the islands after Hurricanes Irma and Maria "remains serious," said filings (here and here) posted Thursday and Friday in docket 10-90 on meetings with aides to Commissioners Jessica Rosenworcel, Brendan Carr and Mike O'Rielly, following up on a previous meeting with Wireline Bureau staffers (see 1804230065). ATN International, parent of Virgin Islands Telephone (Viya), also backed additional USF support, meeting with Wireline and Wireless bureau staff, said a filing posted Monday.
Video relay service providers got another year to implement an interoperability mandate on a technical standard for an interface with certain VRS devices. The FCC suspended an April 27 deadline for VRS providers to comply with the interoperability profile for relay user equipment (RUE profile) defining a standard interface between VRS provider services and end-user devices using an open-source software called the VRS access technology reference platform (VATRP). The deadline was "based on the expectation that the VATRP would be available to support interoperability testing well before this date," but "this has not occurred," said a Consumer and Governmental Affairs Bureau order in docket 10-51 and in Friday's Daily Digest. "Some additional steps are needed to make the VATRP an effective tool." Postponing the deadline to April 29, 2019, the bureau said, "We expect that this time period will be sufficient to enable completion of the VATRP, as well as to provide a reasonable opportunity for VRS providers to prepare for compliance with the RUE specifications." Sorenson Communications sought the delay, backed by other VRS providers and consumer groups (see 1801240009 and 1708210026). Telecommunications for the Deaf and Hard of Hearing is "extremely pleased," emailed Executive Director Claude Stout Friday. "This will give all parties time to test, correct errors if they come, and to ensure a smooth transition to all's benefit." Sorenson didn't comment.
More video streaming and film content, along with smartphones and set-top boxes use Dolby, executives said after fiscal Q2 results. Revenue rose to $301.4 million from $267.5 million in the year-ago quarter and net income rose to $70.6 million vs. $50.6 million, but it expects higher operating costs for the year, as high as $749 million, on unfavorable exchange rates in non-U.S. operations, said Chief Financial Officer Lewis Chew. BT and Sky Sports have been delivering live sports in Dolby Atmos, and Comcast and DirecTV delivered portions of the Winter Olympics in the immersive sound format, said CEO Kevin Yeaman.
Seventeen of 22 internet, mobile and telecom companies tracked by a New America report improved scores on at least one issue like privacy, security and corporate governance, yet "companies still fall short," it said Wednesday. Top-rated, in order of highest to lower, were Google, Verizon's Oath, Microsoft, Facebook, Twitter and Vodafone, with percentage scores in the 50's or low 60s. AT&T had a "digital rights" score of 49 percent, Apple 44 percent and Samsung 28. The lowest rated was Ooredoo, a Qatar mobile and broadband firm. Apple and Twitter improved the most and third-most from the 2017 ranking (see 1703210015). Much of Apple's "improvement was due to improved transparency reporting, plus new direct disclosure to users on its own website of information that it had previously only disclosed to experts and other third parties," an executive summary said. Overall, another summary of the 143-page report said, "Companies fail to disclose enough about what user information is collected and shared, with whom, and under what circumstances. ... Companies provide insufficient evidence of measures to protect users’ information." The Internet Association didn't comment, nor did Apple, AT&T, Ooredoo or Samsung.
Federal appellate judges upheld a lower court dismissal of a robocall lawsuit alleging General Dynamics Information Technology (GDIT) violated the Telephone Consumer Protection Act. The U.S. District Court for the Eastern District of Virginia didn't err in barring the suit under an immunity doctrine, ruled a three-judge panel of the 4th U.S. Circuit Court of Appeals in Craig Cunningham v. GDIT, No. 17-1592. Cunningham alleged he received, without giving express prior consent, an autodialed, prerecorded GDIT phone call advertising health insurance, violating the TCPA. The district court granted GDIT's motion to dismiss under a Supreme Court doctrine immunizing government contractors from suit when the government validly authorized the contractors' actions (Yearsley v. W.A. Ross Construction Co., 1940). The plaintiff appealed and argued the district court erred for various reasons, including that the Yearsley doctrine doesn't apply as a matter of law to federal claims. He also argued GDIT failed to qualify for immunity because the government didn't authorize its actions and the authorization wasn't validly conferred, and even if immunity did apply, it's a merits defense from liability, not jurisdictional immunity. "We find these arguments unpersuasive, and now affirm the district court's dismissal for lack of subject matter jurisdiction," said the opinion of Judge Henry Floyd, joined by William Traxler and Dennis Shedd. Cunningham's lawyer said his client is considering "all his options."
Including resolution of some Mobility Fund Phase II petitions and setting a deadline for comments on USF budgeting, numerous FCC notices are to appear in Wednesday's Federal Register. In a final rule to be effective May 25, the agency said it's resolving remaining petitions for reconsideration on Mobility Fund Phase II by revising the language of its collocation rule and reducing the value of the letter of credit a Phase II support recipient has to hold after Universal Service Administration Co. and the agency verify the recipient "achieved significant progress" on buildout and service provision requirements. Effective Wednesday is a three-year information collection requirement for its NET 911 Improvement Act order of 2009, it said. The FCC said the Office of Management and Budget approved the information collection mandates that were part of its reporting requirements for U.S. providers of international services report and order from its 2016 biennial review of telecom regulations. It said comments are due May 25, replies July 24 on a proposed rule on establishing a budget allowing for "robust broadband deployment" in rate of return areas while "minimizing the burden" on ratepayers of USF contribution while bringing "greater certainty and stability to rate-of-return high-cost funding." It sought comments on other reforms to increase broadband deployment.
With truck rolls still bedeviling some industries serving broadband customers, systems integrators told a ProSource conference last week in San Antonio they're trying to keep customers and their electronics always connected. ProSource CEO David Workman said it costs at least $200 when a technician visits a user. For the recurring monthly revenue many tech integrators seek, wireless can monitor household networks for problems, the event was told. Greg Simmons, co-founder of new service company Parasol, an offshoot of integration company Eagle Sentry, said customers also value the quicker response: "Instead of you having a problem Friday night and us getting there Tuesday morning to take care of it -- and they’ve missed Game of Thrones and they’re furious -- we now are handling it that much faster.” OneVision Resources CEO Joseph Kolchinsky said in five years, “every one of the clients you want to do business with” will be paying monthly for monitoring. That will extend to personal electronics, including smartphones, Kolchinsky envisioned.
Free Press urged supporters to tell the FCC to back off Lifeline USF proposals as Puerto Rico and the U.S. Virgin Islands prepare for another hurricane season. "The plan to gut Lifeline would cut off hundreds of thousands of people living in hurricane-stricken areas like Puerto Rico and the U.S. Virgin Islands," said a release. "To disconnect people still struggling to recover from the devastation of Hurricane Maria would be unconscionable. Tell the FCC to ditch its plan and leave Lifeline alone," it said, linking to an online form and portal for submissions to the agency.
NTIA asked for expressions of interest in serving on FirstNet's board. One of the 12 nonpermanent seats is vacant and four terms expire in August “creating a total of five available appointments,” said the Federal Register. Members are required to have "experience or expertise in at least one of the following substantive areas: Public safety, network, technical, and/or financial" and can serve up to two consecutive three-year terms. Expressions of interest should be postmarked or electronically transmitted by May 21, the notice said. NTIA is also looking for members of its Commerce Spectrum Management Advisory Committee, said a second notice. also in Thursday's FR. Members serve two-year terms and applications are due May 18.