Ian Cohen

CenturyLink completed a sale of Level 3 Albuquerque fiber business assets to Unite Private Networks, one of three such metro-area divestitures required under a DOJ antitrust settlement, said a release Friday. CenturyLink also recently closed its sale of metro fiber assets in Boise to Syringa Networks. Its planned sale of Level 3 metro fiber assets in Tucson to FirstDigital Telecom is pending at the FCC, with comments due Tuesday (see 1805140031).

The Leadership Conference on Civil and Human Rights objected to FCC "elimination of consumer notification obligations when legacy voice service is discontinued, as proposed" in a draft order to be considered June 7 (see 1805170060) that's divisive (see 1805180067). The group said the draft proposes to scrap consumer outreach and education requirements adopted in 2016 but never fully implemented. The agency's "rationale in favor of eliminating consumer education ignores the needs of the most vulnerable communities in the United States," said a filing posted Thursday in docket 17-84. "The Commission has failed to conduct any cost-benefit analysis in presumptively concluding that the education and outreach rules are burdensome. Instead, it relies on anecdotal claims made by carriers." The Alarm Industry Communications Committee voiced concern the draft's adoption of a new "alternative options test" would have adverse effects "because it does not ensure that any such options will meet the Commission’s interoperability requirements." AICC backs ADT’s request (see 1805250038 and 1805300039) "to require carriers seeking streamlined treatment of applications to discontinue legacy voice service under the alternative options test to demonstrate that their replacement interconnected VoIP service is interoperable with alarm and medical alert equipment."

Consumers Union wants more actions in an FCC draft to curb slamming and cramming. The draft order to be voted on by commissioners June 7 (see 1805170060) "takes several important steps to prevent fraud, particularly by codifying rules banning cramming and material misrepresentations in sales calls," said a CU filing posted Thursday in docket 17-169. "But we are disappointed that the [draft] does not take more comprehensive steps to address these abuses." It asked to "clarify that the new rules apply to all voice service providers, including VoIP and wireless." Require "phone companies to record sales calls involving a carrier switch, and to freeze phone service by default," it recommended. "At minimum, require phone companies to prohibit certain types of third-party charges, and offer wireless consumers the [free] option to block all third-party charges."

MachineGenius took issue with concerns of advocates for deaf consumers about an FCC order, declaratory ruling and notices draft on IP captioned telephone service (CTS) that seeks to authorize automated speech recognition (ASR) technology. "Many of their expressed concerns are poorly substantiated," said a filing posted Thursday in docket 13-24. Telecommunications for the Deaf and Hard of Hearing Inc. (TDI) and others had said (see 1805300048) the draft's "approach of delegating to the Bureau the responsibility of applying the existing TRS [telecommunications relay service] minimum standards to IP CTS applicants proposing to use ASR does not acknowledge that the minimum standards are replete with explicit references to human communications assistants (CAs)," said MachineGenius, which is seeking to be certified an IP CTS provider. "On the contrary, the Declaratory Ruling explicitly and extensively addresses the role of [CAs], and the fact that the CA role may be limited or nonexistent in an ASR-based IP CTS solution, concluding that 'the definition of IP CTS in our rules does not specify how captions must be generated.'" The draft "observes that 'use of [ASR] technology for IP CTS without CA involvement does not fundamentally change the functional role of the service.' ... In this context [,] the Declaratory Ruling authorizes the approval of ASR-based IP CTS applications." TDI didn't comment. Hamilton Relay pressed the FCC to move all draft ARS and notice of inquiry issues to the Further NPRM, and to freeze the IP CTS rate at $1.75 per minute for two years if the current rate methodology is junked. Hamilton is concerned about the draft declaratory ruling's "failure to address emergency call handling in an ASR environment," said a filing on a meeting with aides to Chairman Ajit Pai and Commissioners Brendan Carr and Jessica Rosenworcel. "Legal problems [are] raised by the determination in the draft Declaratory Ruling that ASR is a reimbursable form of IP CTS."

Mescalero Apache Telecom petitioned the FCC to let the carrier show it qualifies for relief from operations expense (opex) limitations under an April order giving tribal-oriented carriers additional USF subsidy support. Mescalero sought to reconsider a prohibition against carriers receiving the extra funding if they deploy 10/1 Mbps broadband to 90 percent or more of tribal housing units. The tribal telco asked "that, consistent with steps the Commission has taken with respect to other high-cost program rules limiting support based on Form 477 deployment data, carriers subject to the 90 percent condition be permitted to submit additional information" to get relief, said a petition Wednesday in docket 10-90. In April, Chairman Ajit Pai and tribal representatives voiced concern the order prevented Mescalero from receiving further funding (see 1804050028 and 1804060042). Mescalero recently lobbied an aide to Commissioner Mike O'Rielly, who sought conditions (see 1805230043). Sacred Wind Communications also filed a petition, asking the FCC Thursday to reconsider the 90 percent cap, and if not, its determination that Sacred Wind is ineligible for relief.

AT&T applauded "the vast majority" of FCC draft order actions to streamline the process for discontinuing traditional telecom services in favor of IP-based services, with two suggested modifications. The ILEC backed an agency proposal "to expedite applications that grandfather, or discontinue previously grandfathered data services at speeds below 25/3 Mbps." But relief should apply to any "legacy-TDM data service regardless of speed so long as the applying carrier provides alternative data services with the same or greater bandwidth as the TDM data service being discontinued," said a filing Wednesday in docket 17-84 on the draft eyed for a commissioner vote June 7 (see 1805170060). AT&T said the FCC should simplify a proposed "alternatives options test" allowing streamlined discontinuance if carriers make certain showings. ADT pressed objections to the draft's "effective elimination" of an "adequate replacement test" for ILECs seeking streamlined TDM discontinuance (see 1805250038). Wireline Bureau staff asked in a meeting about the effect of eliminating a "functional test" in 2017 "on the need for replacement services to be interoperable with third party devices," said an ADT filing that also noted discussions with aides to Chairman Ajit Pai and three commissioners. The company said that move "has no bearing" on "assessment of whether there is an adequate replacement service." The draft's suggestion that a "new alternative option 'complements' the adequate replacement test ignores the likely real world outcome that the adequate replacement test, and its requirement of interoperability, will become a dead letter," said ADT. Global Grid, a CLEC and enhanced service provider (ESP), asked the FCC to deny a CenturyLink discontinuance application. If the FCC approves it without ensuring access to certain monitoring and control capabilities, "suitable network controls and access should be required by the FCC that would allow [ESPs] and [CLECs] to develop and deploy current and future Call Management solutions using the Advanced Intelligent Network infrastructure," Global Grid filed in docket 18-96.

Three electric utilities said there's much consensus that one-touch, make-ready work (OTMR), managed by pole attachers, should be mandated by the FCC, at least for simple communications line moves, to improve the pole-attachment process. "This common sense approach ... appropriately places the burden of coordinating make-ready work on the communications entity that ultimately will benefit from use of the pole," said CenterPoint Energy Houston Electric, Florida Power & Light and Dominion Energy Virginia (investor-owned utilities, or IOUs) in a filing Friday in docket 17-84. NCTA seems "to be the sole voice in opposition to OTMR," they said: The cable group's "so-called Accelerated and Safe Access to Poles ('ASAP')" proposal "prescribes unrealistically short time frames for each phase of the current pole access process, but fails to cure the actual flaws inherent in how make-ready work is performed that are the most notable source of delays. For example, the ASAP Proposal would maintain the current sequence of duplicative visits to the pole, and further, would provide each incumbent communications attacher on the pole unlimited discretion ... to opt out of OTMR." They said "most objectionable ... is that the ASAP Proposal would continue to impose on IOU pole owners the duty to coordinate all communications space make-ready, but at the same time, would prohibit reasonable application requirements needed to evaluate the safety, reliability, engineering, and capacity impacts of new installations." The utilities supported Broadband Deployment Advisory Committee "recommendations for an expedited and improved make-ready process, including OTMR," subject to "clarifications and exceptions" they detailed. NCTA views it as "highly unlikely that power companies would consider a proposal that would allow other companies to move their facilities without their permission to be a 'common sense' approach," it emailed. "We have submitted a proposal that would address the underlying issue -- speeding up timeframes for pole access -- while preserving the legitimate interests of all parties, including existing attachers."

Frontier Communications said an FCC draft Further NPRM "proposes a drastic overhaul of the toll-free calling system instead of a narrowly tailored proposal to reduce arbitrage." The telco "does not engage in such arbitrage and gaming" and it's "likely a small number of bad actors ... are the cause of any arbitrage problems," said its filing in docket 18-156 Thursday on a meeting with an aide to Commissioner Mike O'Rielly. The "Commission’s proposal turns the concept of toll-free calling on its head, shifting the costs ... . At the same time, proposals targeted directly at arbitrage and gaming would avoid those negative impacts to end users." Frontier noted it joined with the American Cable Association, NCTA, Windstream, NTCA, ITTA and WTA on a Nov. 1 letter asking the FCC “to take targeted actions to address such abusive schemes while the Commission more fully examines the appropriate treatment of legitimate 8YY traffic for compensation purposes.” Frontier is "committed to coming to a reasonable solution to truly target arbitrage, whether it is a mirroring rule, a presumption for a lower rate when there is suspicious traffic, or some other solution," it said. "However, if the Commission pursues more comprehensive 8YY reform, a sufficient transition period and an access recovery mechanism are necessary and should be contemplated not only for originating end office and tandem switching and transport charges, but also for database query charges." CenturyLink pushed its intercarrier compensation direct interconnection proposal (see 1805220042) "to align the responsibility for determining how terminating access traffic should be routed with the financial responsibility for that decision," said a filing posted Friday in 01-92 on meetings with aides to Commissioners Mike O'Rielly, Jessica Rosenworcel and Brendan Carr. "This will encourage efficient network deployment and investment decisions, reduce incentives to engage in regulatory arbitrage, enhance competition and market efficiency, and reduce disputes."

ADT Security Services is concerned about an FCC draft order's "effective elimination of the adequate replacement test when [ILECs] discontinue legacy voice service." Incumbent telcos would have the option of forgoing that test, which they say is overly burdensome, if they replace traditional TDM-based voice service with interconnected VoIP service, and another facilities-based voice service, including wireless, is available, said the company's filing posted Thursday in docket 17-84. "There's no requirement that either replacement service will be interoperable or compatible with key applications and functions, such as a consumer’s existing alarm or home health monitoring service," ADT said. It backs the migration to advanced network technologies and services, but said the agency's "long-held policy of ensuring that the transition does not harm consumers is being eroded by the ever more expedient processes designed to alleviate proposed burdens" on incumbent telcos. It asked the FCC to revise the draft "to require that either the ILEC’s replacement interconnected VoIP service or the other facilities-based voice service on which the ILEC intends to rely to qualify for streamlining[,] be interoperable and compatible with critical safety applications such as alarm and home medical monitoring services." The discontinuance draft is on the June 7 meeting tentative agenda and sparked disagreements (see 1805170060 and 1805180067).

The Communications Workers of America pressed a "balanced proposal to safely streamline the pole attachment process" through one-touch, make-ready (OTMR) work. "Pole attachment work is complex and, if done incorrectly, can lead to dangerous conditions for workers and the public," said CWA filings on meetings with Commissioners Mike O'Rielly and Jessica Rosenworcel, aides to Chairman Ajit Pai and Commissioner Brendan Carr and Wireline Bureau officials, posted Thursday and Friday in docket 17-84 (here, here, here, here, here). "Even so-called 'simple' make-ready work -- as defined by the Broadband Deployment Advisory Committee (BDAC) -- is not so simple," it said, citing "dangerous mistakes made by contractors in Louisville, KY, where an OTMR ordinance is in place." CWA joined a Jan. 16 AT&T plan to reduce the timeline for "complex make ready" efforts from 163 to 134 days, but proposed to exclude such work from the OTMR regime. "Transfers and work within the communications space that would reasonably be likely to cause a service outage(s) or facility damage, including work such as splicing, bolting, or grounding of any communication attachment, equipment, or facilities or relocation of existing wireless attachments should be considered complex make-ready work," CWA said. It agreed with BDAC that existing attachers get 30 days with a 30-day extension "if needed for reasons of safety or service interruption before self-help by a new attacher." CWA also proposed to provide "existing attachers a streamlined timeline to complete so-called 'non-complex' make-ready work," giving them 15 days with an additional 15-day extension "to transfer their equipment prior to self-help." It also backed honoring existing attachers' collective bargaining agreements: "Commission OTMR policy should not turn collectively-bargained family-sustaining middle-class jobs into low-wage contractor jobs." Pai recently noted his appreciation for pole-attachment work. "Just three weeks ago, I scaled a utility pole on the side of a highway near Gainesville, Florida, to get an up-close view of how difficult it is to string aerial fiber. While there, I gained an appreciation for the risks posed by things like squirrels," he told a Wireless Infrastructure Association gathering Wednesday in Charlotte. "Earlier that week, I met with MillerCo, a company in Gulfport, Mississippi, that maintains and repairs towers from Wisconsin to Puerto Rico." He tweeted about MillerCo workers climbing towers between 250- and 2,000-feet high: "Great people doing the hard work needed to keep wireless services up and running (esp. after hurricanes)."