The FCC adopted 4-0 an NPRM that proposes to ensure direct-dial 911 calling from centralized phone systems in larger buildings and on campuses, and to ensure "dispatchable location" information is conveyed with emergency calls. At their monthly meeting Wednesday, commissioners also unanimously approved an order to begin auctioning off toll-free phone numbers.

Minnesota asked the 8th U.S. Court of Appeals to review a panel's 2-1 ruling affirming a district court decision that state regulation of interconnected VoIP was pre-empted as an information service, in Charter v. Nancy Lange, No. 17-2290 (see 1809070030). The majority ruling is "inconsistent" with the Telecom Act, and "in conflict" with prior 8th Circuit opinions on USF contributions and Vonage's VoIP service and the Supreme Court's cable modem Brand X ruling, petitioned (in Pacer) the Minnesota Office of Attorney General Friday, on behalf of the Minnesota Public Utilities Commission, seeking en banc or panel rehearing: "Consideration by the full Court is necessary to ensure uniformity of this Court's decisions." Charter Phone "is a fixed, interconnected VoIP service with the ability to determine whether calls are interstate or intrastate," Minnesota said. "Under the plain terms of this Court's Vonage III ruling and Paragraph 56 of the FCC's USF Order quoted therein, the MPUC has jurisdiction over Charter Phone." It also cited a 2017 8th Circuit ruling upholding a district court decision relying on that USF language as applied in Vonage III "observing that the FCC explicitly said that the Vonage preemption order does not apply to providers with the ability to track the jurisdiction of customer calls and such providers are subject to state regulation." Pillsbury Winthrop's Glenn Richards, representing the Voice on the Net Coalition, which backed Charter, emailed he's "disappointed, but not surprised" by the petition: "I don’t see any issues raised in the petition that are likely to result in a different decision by the full court.” Charter Communications didn't comment Monday.

Judges questioned a Sandwich Isles Communications attorney's assertions the FCC backed the carrier's Hawaiian Island undersea cable project before reducing its related access charge revenue. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit also questioned FCC and AT&T attorneys extensively in oral argument Monday. SIC is challenging a 2016 FCC order that prospectively disallowed all but $1.9 million of its annual access collections from a National Exchange Carrier Association rural telco pooling mechanism (see 1612060032).

The Oregon Public Utility Commission set an Oct. 10 workshop on proposed rules requiring interconnected VoIP providers to contribute to state USF. The PUC plans to share draft rules Sept. 26, with comments due Oct. 8, said a Friday notice in docket AR-615. The PUC may have another workshop Nov. 5 if it updates proposed rules, followed by a public meeting Dec. 4 for commissioners to vote on a notice of proposed rulemaking, it said.

Appoint an independent commission to examine communications failures in Puerto Rico after Hurricane Maria, said a letter to FCC Chairman Ajit Pai from consumer groups, academics and advocates. They include former Commissioner Gloria Tristani, Free Press, the National Hispanic Media Coalition and Center for Media Justice. “There is still much we do not know about the response of telecom companies and our government,” the letter said. The damage to communications “apparently contributed significantly” to the recently adjusted multi-thousand person death toll by preventing residents in danger for calling for help, the letter said. Though the FCC issued a report in August (see 1808240052) on its hurricane response, it “failed to provide the kind of comprehensive examination that is needed following such a historic tragedy in Puerto Rico,” the letter said. Recent reports on the disaster from GAO and the Federal Emergency Management Agency also don’t go into enough depth on communications challenges and solutions for Puerto Rico, the letter said. The agency should analyze those issues in depth, and hold bilingual public hearings in Puerto Rico, the letter said. Commissioner Jessica Rosenworcel, who in the letter is quoted criticizing the FCC’s report, also sought such hearings (see 1709260044). Without more FCC investigation, it’s difficult to know how to direct the additional USF payments aimed at restoring service to the island, the letter said: “Puerto Ricans deserve a comprehensive examination, from an independent commission, that fully explores the causes for the critical failure of communications infrastructure.”

Wireless resellers pressed the FCC to back off a proposal to ban resellers from the Lifeline USF program. "The consensus is that the reseller ban would not bridge the digital divide by spurring additional facilities deployment or more affordable services," said National Lifeline Association (NaLA) filings on meetings of reseller representatives with Chairman Ajit Pai and an aide to Commissioner Mike O'Rielly, posted Thursday in docket 17-287 (here, here). "A reseller ban would harm consumers by forcing more than 7 million or roughly 70 percent of all Lifeline subscribers to find a new Lifeline service provider (including about 1.3 million veterans), and in many cases, leaving the nation’s most vulnerable consumers with no affordable wireless or wireline service options." NaLA said the FCC should allow low-income "consumers to choose for themselves among options of voice and data, including bundles," rather than mandating "family-sized service plans" in escalating minimum service standards and phasing out voice-only support. The group pressed for ensuring a national verifier implements an application programming interface for providers and there is access to key databases for determining consumer eligibility.

Rural telco groups asked the FCC to postpone and redo broadband testing duties for RLECs and other smaller providers of fixed service receiving high-cost Connect America Fund support. WTA and NTCA made the requests in applications for review by commissioners of a July 6 staff order (see 1807060031). Petitions for reconsideration (and in some cases clarification) were filed jointly by USTelecom, ITTA and the Wireless ISP Association, and individually by ViaSat, Hughes Network Systems and Micronesian Telecommunications. Filings were posted Wednesday and Thursday in docket 10-90.

NARUC said it generally endorses some FCC proposals in a draft NPRM to improve 911 dialing from multiline telephone systems in buildings and complexes and ensure "dispatchable location" information is conveyed with 911 calls, regardless of technology. A 2014 NARUC resolution commended FCC efforts to ensure public safety answering points get "accurate information to identify the indoor location of wireless 9-1-1 callers and supported adoption of effective location technologies for indoor and outdoor 9-1-1 calls," said the group's filing posted Wednesday in docket 18-261 on meetings with aides to Commissioners Mike O'Rielly and Jessica Rosenworcel. It said a November 2017 resolution backed federal and state actions to require enterprise communications systems to allow direct 911 dialing (without extra digits) and provide location information precise enough to find callers. "Both NARUC resolutions suggest that any federal rules should be written to permit States to impose additional requirements 'presuming that such additional requirements do not contradict or conflict with federal requirements,'" it said. The NPRM is on the agenda for the Sept. 26 commissioners' meeting (see 1809050056). The filing also made arguments opposing an FCC proposal in a 2017 NPRM to eliminate resellers from its Lifeline USF program, and urging changes to telco jurisdictional separations rules without bypassing a federal-state joint board.

The Schools, Health & Libraries Broadband Coalition cited "numerous concerns" with the current versions of FCC Forms 470 and 471, used in the application process for E-rate USF discounts (see 1808170022). For example, the Form 470 "drop down menu of service descriptions for Category 1 services combines Internet service delivered over a fiber circuit with leased lit fiber service," said an SHLB filing posted Wednesday in docket 13-184 on a meeting with Managing Director Mark Stephens, Wireline Bureau Chief Kris Monteith and aides. "Applicants must explain which service they are requesting bids for in a narrative text box that does not allow prospective bidders to easily identify the bidding opportunities for purely fiber-based service and for Internet service delivered over a fiber circuit."

The pace of broadband progress and how it's measured sparked further divisions on the FCC Telecom Act Section 706 inquiry into whether advanced telecom capability (ATC) is being deployed in a reasonable and timely way. Many comments were posted Tuesday in docket 18-238, including over fixed and mobile service distinctions (see 1809170044). Telco and cable incumbents generally said broadband-like ATC is being rolled out adequately, and 5G wireless will bring new advances. Rivals and others cited shortcomings and urged the agency to increase its ATC speed benchmark. The FCC's last 706 report made a positive ATC determination, kept a 25/3 Mbps fixed benchmark and concluded mobile isn't a full substitute for fixed (see 1802050002). Broadband investment and deployment are robust, in part due to light-touch regulation, commented USTelecom. AT&T and Verizon also hailed ATC buildout. AT&T said "mobile broadband is a functional substitute for fixed broadband," and Verizon said providers "stand at the precipice of game-changing 5G network deployments." CTIA called mobile broadband deployment reasonable and timely. NCTA and the American Cable Association urged a positive ATC determination, and they, ITTA, the Wireless ISP Association, Adtran and others backed maintaining the 25/3 Mbps fixed standard. Despite the progress, incumbents said the regulator could do more to spur broadband, but Common Cause and Public Knowledge said recent FCC actions "widened the digital divide." The Communications Workers of America said the pace of broadband deployment isn't reasonable and timely, with more than 24 million Americans lacking access and more lacking high-speed wired connections. Incompas said it's "time to be bold" and raise the benchmark to 1 Gbps, while CWA and others backed 100 Mbps. CWA, Incompas, WISPA, ITTA, rural groups and others said mobile isn't an adequate substitute for fixed. NTCA said only existing, not possible future, services should determine the ATC finding. The Fiber Broadband Association urged a focus on "all-fiber connectivity" and a "holistic approach" factoring in service reliability and latency. ViaSat and SES Americom plugged satellite broadband. New America's Open Technology Institute, Microsoft and others said Form 477 broadband data is flawed and sought fixes and use of other sources. Free Press urged inclusion of data from Puerto Rico and other storm-struck areas and said the FCC should "abandon" proposals to "gut" Lifeline USF. The National Digital Inclusion Alliance cited broadband adoption and affordability as critical and voiced concern about "evidence of AT&T's digital redlining."