Ian Cohen

Windstream backing USTelecom's proposal to put off ILEC wholesale pricing relief from "unbundled network element" discounts until 2021 is helpful at the FCC, and a delay would bolster the ILEC case in expected litigation, said attorney Jeff Carlisle, Wireline Bureau chief 2004-05 who oversaw a triennial review remand order that eased UNE duties and isn't involved in the current proceeding. Though Carlisle agreed with those who said Windstream's endorsement creates added political cover for the FCC to approve a USTelecom forbearance petition (see 1806260028), he said that's less important than the strengthened legal argument the possible delay creates for UNE relief meeting a three-prong test. "Political cover is great for getting the FCC vote USTelecom wants, but that vote will put the last nail in the coffin of the infrastructure access provisions of the 1996 [Telecom] Act and will be appealed immediately," he emailed. "Surviving that appeal depends on USTelecom providing a majority of the Commissioners with a convincing case about a somewhat counterintuitive proposition -- that allowing incumbents to stop selling network elements at deep discounts actually promotes competitive market conditions and is thus in the public interest. Providing a 'gentle' landing for CLECs and a more gradual transition to market alternatives helps that case."

Comments are due at the FCC July 10, replies July 17, on three transactions under review by the Wireline Bureau, said public notices in Wednesday's Daily Digest. The PNs on Communications Act Section 214 authorizations involve applications to: transfer indirect control of Hudson Fiber Network from Tiger Infrastructure Partners Fund to ExteNet Systems (here) in docket 18-194, transfer control of Cross River Fiber to ZenFi Networks (here) in docket 18-178 and to transfer control of Network Communications Telecom (Tim Ron Enterprises) to Conterra Ultra Broadband (here) in docket 18-187.

The FCC extended a June 21 deadline to Friday for "authorized" RLECs to accept revised offers of Alternative Connect America Cost Model subsidy support, for "administrative convenience," said a Wireline Bureau public notice Wednesday in docket 10-90.

The FCC extended a deadline from July 2 to Aug. 1 for Alaska Plan middle-mile data filings with maps of fiber and microwave networks used to serve customers with high-cost USF support, said a Wireline Bureau public notice Tuesday in docket 16-271. Separately, comments are due July 26, replies Aug. 10 on a video relay service provider waiver request to serve new users, or those ported from other providers, while verification is pending through a telecom relay services user registration database (see 1806210011), said a Consumer and Governmental Affairs PN in docket 03-123.

The FCC approved CenturyLink's proposed sale of Level 3 fiber assets in Tucson to FirstDigital Telecom, said a Wireline Bureau order in docket 18-154 and Monday's Daily Digest. It noted no opposition was filed. The sale is the last of three divestitures of metropolitan fiber assets required by DOJ as a condition for clearing CenturyLink's takeover of Level 3 in 2017.

Lifeline providers and tribal groups asked the FCC to stay 2017 tribal Lifeline changes, pending judicial review of their legal challenges to an order released Dec. 1 (see 1711160021 and 1712010042). The commission order "unlawfully (1) limits the types of eligible telecommunications carriers (ETCs) eligible to receive enhanced Tribal Lifeline support and (2) narrows the geographic scope of Tribal lands in which individuals are eligible for the Tribal Lifeline benefit," said Assist Wireless, Boomerang Wireless, Easy Wireless, the National Lifeline Association, Crow Creek Sioux Tribe and Oceti Sakowin Tribal Utility Authority in a petition Friday in docket 17-287. They said the order is scheduled to take effect 90 days after the Wireline Bureau issues a public notice announcing approval of information collection requirements under the Paperwork Reduction Act. A stay's "limited relief is necessary to prevent irreparable harm to ETCs and consumers, including Tribal communities," they said in their FCC request. "Petitioners are likely to succeed on the merits of their claims before the D.C. Circuit; they will suffer irreparable harm absent a stay; and the balance of harms and public interests weigh in favor of a stay." The FCC declined comment Monday. Meanwhile, TracFone Wireless pushed its proposals for an NPRM released with the order, including for a “conduct-based standard” to "root out waste, fraud, and abuse" in Lifeline. "Rather than excluding Lifeline resellers from the program ... the Commission should instead focus on the actual conduct of Lifeline carriers and target those that have performed poorly under the various audit and evaluation mechanisms intended to safeguard the Lifeline program," said a filing posted Friday on a meeting with Wireline Bureau officials. TracFone is "pleased that the soft launch of the National Verifier had finally commenced" last week (see 1806180054), but "remains concerned about the lack of any application programming interface (API) for the National Verifier that would enable carriers and its social services and health care partners to assist consumers with navigating" eligibility and verification processes.

NARUC urged the FCC to develop a complete record on nationwide number portability (NNP) before final action. "Disclose for public comment: (1) the costs to consumers to implement NNP; (2) the cost recovery options for NNP implementation; (3) the timeline options for implementing NNP; and (4) the impact of NNP implementation on the IP transition," asked a letter Friday to commissioners in docket 17-244. NARUC said a recent North American Numbering Council report "highlights the fact that the record is incomplete" (see 1806080025). Commissioners tentatively plan to vote July 12 on a draft order on preliminary steps to clear the way for NNP by eliminating certain "outdated regulations" (see 1806210063).

Ribbon Communications agreed to buy Edgewater Networks for $110 million in aggregate cash payments, deferred cash payments and common stock, said Ribbon Monday. It's "projected to result in Ribbon becoming the market share leader for enterprise Session Border Controllers (SBCs) and Network Edge Orchestration," said the buyer, a cloud communications provider. It expects the transaction to close in Q3 subject to customary conditions and approvals.

The FCC should require phone companies to implement “advanced call-blocking tools” and “caller ID authentication technology by a date certain,” said Maureen Mahoney, Consumers Union policy analyst, in a filing in docket 17-59. Mahoney filed Thursday an update based on comments she made at the National Association of Attorneys General’s Summer Meeting. “The FCC should issue the strongest possible rules to protect consumers from unwanted robocalls,” she said. Retail Energy Supply Association reported on a meeting with FCC officials on robocalls. Members depend on telemarketing, RESA said. The FCC should establish a “’white list’ of legitimate callers, prohibit false messages from being sent across the public networks, and make Caller ID mandatory for wireline and wireless networks alike,” RESA said Thursday. “If the Commission deems such measures necessary to protect the integrity of the network for legitimate callers, it should ensure that such rules apply not only to voice service providers but also to blocking/labeling providers.”

CenturyLink and Birch Communications settled their intercarrier compensation dispute and asked the FCC to suspend an enforcement proceeding until terms are satisfied, said a joint motion this week in docket 18-73. The Enforcement Bureau granted the request to hold the proceeding in abeyance until Sept. 17. CenturyLink filed a complaint in March alleging Birch's switched access fees violated a CLEC benchmark rule by exceeding in aggregate ILEC competitor interstate access rates (see 1803260014).