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November 6, 2014
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Contents
Open Internet
AT&T Supports Using Section 706 to Prohibit Paid Prioritization
Google Supports Rules Encouraging Investment in Abundant Bandwidth
Free Press Opposes Open Internet Hybrid Approach, Edge Facing Proposals
Public Knowledge Discusses Paid Prioritization
Forbearance
Comments Due December 5 on USTelecom Petition for Forbearance From Certain Wireline
ILEC Regulations
USF/ICC Transformation Order
Verizon Discusses Access Rates for VoIP Traffic
Bandwidth.com Discusses VoIP Symmetry Rule
Interconnection
FCC Responds to Court Request for Amicus Brief in ISP-Bound Traffic Case
COMPTEL Discusses Internet Access, OTTV Video Marketplace
Special Access
FairPoint Seeks Waiver of Special Access Data Collection Deadline
Universal Service
WTA Discusses Revisions to Urban, Rural Definitions for Determining E-rate Rural Discount
Today’s News Clips
With Its New Majority, the GOP Turns to Redefining How You Watch TV, Get Online and
Call Mom
US Net Neutrality Advocates Plan Hungary-Style Protests
Colorado Towns Vote Overwhelmingly In Favor Of Better Broadband
Open Internet
AT&T Supports Using Section 706 to Prohibit Paid Prioritization
AT&T spoke with Chairman Wheeler and his Senior Counselor on November 3, 2014, to
state the Commission has the authority to protect the open Internet under Section 706 by
prohibiting paid prioritization. AT&T also asserted regulating broadband under Title II
would be inconsistent with Commission precedent and would negatively impact broadband
infrastructure investment.
Google Supports Rules Encouraging Investment in Abundant Bandwidth
Google spoke with Commissioner Rosenworcel’s Legal Advisors on November 3, 2014, to
discuss the importance of crafting FCC rules that encourage investment in abundant
bandwidth rather than providing incentives to monetize scarcity. Google said allowing
broadband Internet access providers to engage in paid prioritization of particular content
would create incentives for providers to maintain scarcity and congestion on their
networks to sell services that avoid these artificial conditions.
Free Press Opposes Open Internet Hybrid Approach, Edge Facing Proposals
Free Press filed a letter on November 5, 2014, to respond to press reports that the
Commission is considering a hybrid approach for broadband Internet regulation. Free
Press asserted Title II should apply to broadband Internet access service, and the
Commission should apply nondiscrimination duties to an ISP’s provision of service to its
actual end-users. Free Press claimed so-called sender-side or edge facing proposals,
including those put forward by Mozilla, by Tim Wu and Tejas Narechania, and by CDT, are
fatally flawed, claiming they would make for bad law, policy and politics, and would almost
certainly fail in court.
Public Knowledge Discusses Paid Prioritization
Public Knowledge spoke with Office of General Counsel staff on November 3, 2014, to
suggest the Common Carrier prohibition would prohibit a ban on paid prioritization if
limited exclusively to user directed. PK claimed rules based purely on Section 706 would
face the overhang that the more meritorious challenges parties bring, the more likely the
D.C. Circuit is to overturn the rules because the FCC has granted too many meritorious
challenges. PK also asserted that regardless of which Title II theory the Commission
employs, the FCC should adopt a ban on paid prioritization rather than a presumption.
Forbearance
Comments Due December 5 on USTelecom Petition for Forbearance From Certain
Wireline ILEC Regulations
The Wireline Competition Bureau issued a Public Notice on November 5, 2014, seeking
comment on USTelecom’s Petition asking the FCC to forbear from applying what it says
are outdated provisions that apply only to wireline ILECs. USTelecom seeks forbearance
from: provisions in sections 271 and 272, and the related equal access rules; section
64.1903 structural separation requirements; the requirement that an ILEC provide an
unbundled 64 kbps voice channel where it has replaced a copper loop with fiber; section
214(e)(1) ETC requirements where a price cap carrier does not receive high-cost universal
service support; the remaining Computer Inquiry rules; the section 224 and 251(b)(4)
requirement that ILECs share newly deployed entrance conduit; and rules prohibiting the
use of contract tariffs to offer special access and high capacity data services in the
absence of pricing flexibility. The Bureau also issued a Protective Order to limit access to
proprietary or confidential information that may be filed in this proceeding. Comments or
oppositions are due December 5; replies due December 22.
USF/ICC Transformation Order
Verizon Discusses Access Rates for VoIP Traffic
Verizon met with Commissioner Rosenworcel’s Legal Advisor on November 4, 2014, to
discuss claims that the FCC can interpret rules it promulgated in the USF/ICC
Transformation Order to permit LECs to collect local end office switched access charges
when they do not actually perform end office switching. Verizon said while there is no
dispute that a LEC can charge switched access on VoIP-PSTN traffic when the LEC provides
switched access; a carrier, however, cannot charge for an access function it does not
provide. Verizon said the Commission has decided that when LECs route over-the-top VoIP
traffic over the public Internet, instead of actually connecting lines and trunks, they do not
perform end office switched access and therefore cannot assess local end office switched
access charges.
Bandwidth.com Discusses VoIP Symmetry Rule
Bandwidth.com met with Commissioner Pai’s Legal Advisor on November 3, 2014, to
discuss the VoIP Symmetry Rule. It asserted that whether its VoIP partner is loopfacilities-based or over-the-top, together Bandwidth and its VoIP partner perform all of the
functions of a local switch and are entitled to end office access charges pursuant to the
FCC’s VoIP symmetry rule.
Interconnection
FCC Responds to Court Request for Amicus Brief in ISP-Bound Traffic Case
The FCC filed a letter with the Third Circuit Court on November 4, 2014, in a case
addressing appeals filed by Core Communications and the Pennsylvania PUC involving ISPbound traffic compensation. The Court asked the FCC to file an amicus curiae brief on
whether the Pennsylvania PUC has jurisdiction to hear a dispute over compensation due
one CLEC for the termination of indirectly exchanged ISP-bound traffic originating with
another CLEC in the absence of an interconnection agreement. The FCC said it cannot
address this question because it is currently addressing the same issue based on a Petition
for Declaratory Ruling filed by the PUC, and it would be inappropriate for FCC litigation
counsel to prejudge the agency’s ultimate disposition of the question in an amicus brief.
COMPTEL Discusses Internet Access, OTTV Video Marketplace
COMPTEL filed a letter on November 5, 2014, to inform the FCC of a recent panel
discussion on interconnection and the over-the-top video marketplace it held as part of its
semi-annual COMPTEL PLUS Convention & EXPO event on October 6, 2014. COMPTEL
pointed out some of the key highlights of the discussion, including that: the cost per bit
for delivering content has fallen over time; broadband Internet access providers sell
access to content providers’ services; and consumers subscribe to broadband services to
get access to legal content without obstacles.
Special Access
FairPoint Seeks Waiver of Special Access Data Collection Deadline
FairPoint filed a Petition on November 5, 2014, seeking a limited waiver of the December
15, 2014 filing deadline for the special access data collection. FairPoint seeks a 90-day
extension, until March 16, 2015, for its price-cap LECs due to extraordinary hardships
caused by circumstances beyond its control.
Universal Service
WTA Discusses Revisions to Urban, Rural Definitions for Determining E-rate Rural
Discount
WTA met with Legal Advisors to Commissioners O’Rielly, Pai and Rosenworcel on
November 3 and 4, 2014, to discuss the Commission’s revised definitions of urban and
rural that will determine qualification for the additional rural discount under the E-rate
program. WTA stated that the addition of urban clusters of 2,500 people or more to the
definition of urban has unexpectedly disqualified many rural school and library districts
that have long received and depended upon the rural discount. WTA urged the
Commission to revise the urban definition to include urbanized areas (communities of
more than 50,000 people) and communities of more than 25,000 inhabitants for the
purpose of the E-rate rural discount.
Today’s News Clips
With Its new majority, the GOP turns to redefining how you watch TV, get online
and call mom
By Brian Fung
The Washington Post
Hello, America, and welcome to a world in which the legislature and the executive branch
are held by two competing parties that see eye-to-eye on almost nothing. Ironically, this
could be a good thing for Washington productivity: Instead of the deadlock caused by the
Senate thwarting the House and vice versa all the time, Republicans say controlling both
chambers will let them work together on sending legislation to the White House.
http://www.washingtonpost.com/blogs/the-switch/wp/2014/11/05/with-its-new-majoritythe-gop-turns-to-redefining-how-you-watch-tv-get-online-and-call-mom/?hpid=z17
US net neutrality advocates plan Hungary-style protests
By John Ribeiro
ComputerWorld UK
Protests are planned outside the White House in Washington, D.C., and at several
locations across the U.S. on Thursday evening to object to leaks that the U.S. Federal
Communications Commission is considering a new "hybrid" proposal to break through the
deadlock over net neutrality rules.
Taking a cue from recent protests in Hungary against an Internet tax, the demonstrators
plan to hold their mobile phones, laptops, tablets and flashlights above their heads as a
symbol of protest to "shine light" on alleged corruption in the federal government.
http://www.computerworlduk.com/news/it-business/3584538/us-net-neutralityadvocates-plan-hungary-style-protests/?wpisrc=nl-swbd&wpmm=1
Colorado Towns Vote Overwhelmingly In Favor Of Better Broadband
By Stephanie Paige Ogburn
KUNC
Several Colorado counties and towns voted overwhelmingly Nov. 4 in support of efforts to
improve broadband in the state.
As we reported earlier, the towns of Boulder, Cherry Hills Village, Red Cliff, Wray and
Yuma were all seeking to override a 2005 state law that prohibits them from constructing
or operating broadband or telecommunications infrastructure or services. That law, SB05152 [.pdf], which was pushed by large telecommunications companies, can be overridden
by a majority of voters.
http://www.kunc.org/post/colorado-towns-vote-overwhelmingly-favor-better-broadband
Editor: Teresa Evert | Assistant Editor: Shawn O'Brien
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