Any order requiring calls originating or terminating over VoIP to be subject to intercarrier compensation requirements should be applied retroactively, despite AT&T's and Verizon’s arguments to the contrary (see 1412090017), representatives of Level 3 and Bandwidth.com told officials with the FCC general counsel’s office and Wireline Bureau Dec. 8, according to an ex parte filing posted Wednesday. The U.S. Court of Appeals for the D.C. Circuit ruled in Qwest v. FCC that adjudications are presumed to be applied retroactively unless there’s a “‘manifest injustice’” in doing so, and neither AT&T nor Verizon has made that case, said the filing in docket 10-90. Representing Level 3 were Joseph Cavender, assistant general counsel, and Harris Wiltshire’s John Nakahata, Chris Wright and Tim Simeone. Morgan Lewis’ Tamar Finn represented Bandwidth.com.

CenturyLink faces tariffing and network-sharing obligations that have never applied to nonincumbents, Melissa Newman, senior vice president-federal policy and regulatory affairs, and Wilkinson Barker’s Bryan Tramont told an aide to Commissioner Mignon Clyburn Dec. 15, according to an ex parte filing posted Wednesday in docket 14-9. CenturyLink is seeking forbearance from those regulations. Other larger and smaller incumbents have received forbearance from the obligations, CenturyLink said, arguing the “disparity places CenturyLink in an extremely difficult position as it seeks to win and retain enterprise customers requiring service to multiple premises.”

The record before the FCC on net neutrality is “insufficient” to support peering or interconnection regulations, Lauren Van Wazer, Akamai Technologies vice president-global public policy, and Harris Wiltshire’s Scott Harris and Brita Strandberg, representing the company, told aides to Commissioner Ajit Pai, according to an ex parte filing in docket 14-28 Wednesday. Voluntary industry principles could address those issues, Akamai said at the Dec. 12 meeting.

Communities in Mississippi and around the country should take the fact that 100 million Americans aren't using broadband as an “opportunity and a challenge,” FCC Commissioner Mignon Clyburn told the Mississippi Broadband Coalition Summit. She urged those trying to increase broadband usage to frame the discussion on the possibilities it brings, in Dec. 2 remarks posted on the commission's website Wednesday. “The goals here are economic development, decreases in unemployment, gains in education, and improved healthcare,” she said. “Too often, we think of these as happy by-products of broadband access. But, how you frame a problem, makes all the difference in finding a solution.” The FCC’s multidisciplinary Connect2Health Task Force’s vision of everyone being connected “to the people, information and services they need to get well and stay healthy” is an example of focusing on the goals, she said. The “benefit of a grand vision is that it can help people who haven’t drunk the broadband Kool-Aid better understand the value proposition of broadband,” Clyburn said. “It can help Mississippians who have to choose how to spend limited discretionary income, choose to spend it on broadband. It can transform the conversation from one about surfing the Internet (which some people may not fully value), to one about improving the health of all Mississippians -- imagine the economic value that could be created if there were no lost days at work due to illness. It can take a [medical] provider network stretched thin and give it more tools to fight obesity and diabetes before the Mississippi safety net cracks under the weight of chronic disease. And, it will give hope to a nation filled with other communities facing these same problems.”

An idea pushed by FCC Commissioner Mignon Clyburn to have a federal agency determine Lifeline eligibility (see 1411120026) may not be more efficient, officials from companies making up the Lifeline Connects Coalition told Ryan Palmer, chief of the Wireless Bureau’s Telecom Access Policy Division Dec. 5, said an ex parte filing posted Wednesday in docket 11-42. Citing 2013 Universal Service Administrative Co. statistics, the group said administrative expenses were 1.29 percent of USF disbursements, while administrative costs for the Supplemental Nutrition Assistance Program were 9 percent. Involved in the meeting were Brian Lisle, president of the Telrite Corp.; Jeni Kues, of i-wireless; several Blue Jay Wireless officials including CEO David Wareikis; CGM founder Chuck Campbell; and Kelley Drye’s John Heitmann and Joshua Guyan. Clyburn "encouraged all parties to respond [to her ideas] ... on the best ways to reform Lifeline for the broadband era," Clyburn's office said. "We look forward to a meaningful debate involving all interested parties in order to achieve the goal of affordable broadband for everyone.”

Existing alarm systems must be tested as part of any IP transition trial to ensure they'll communicate with monitoring centers after the transition, without requiring changes for customers or the security company, Paul Plofchan, ADT vice president-government and regulatory affairs, and Rachel Sanford, ML Strategies director-government relations, told FCC Wireline Bureau officials Dec. 4, said an ex parte filing posted Tuesday in docket 14-174. Because some broadband providers offer alarm services, the switch from copper-based to IP-based services could lead to a “severe distortion” in the market, ADT said. Approaches could include barring broadband providers’ technicians from trying to sell the company’s alarm systems during service calls, and communicating to customers that their existing alarm service is compatible with the new communications service, ADT said.

Mandating intrastate competition for inmate calling services to try to decrease rates, as FCC Commissioner Mike O’Rielly suggested, would cause “insurmountable difficulties,” Securus Technologies CEO Richard Smith, General Counsel Dennis Reinhold and Arent Fox’s Stephanie Joyce told O’Rielly and his aide Dec. 4, said an ex parte filing posted Tuesday in docket 12-375. After the commission’s passage of interstate rate caps, interstate inmate calls rose but intrastate calls declined, Securus officials said in the meeting and in a separate one with Commissioner Ajit Pai and an aide the same day, another ex parte said. Securus also disputed at the meetings claims by jails and prisons of their costs in providing inmate calling services to justify the continuation of commissions paid to correctional facilities. The Securus officials made the same arguments in a meeting with an aide to Commissioner Mignon Clyburn, and another with Wireline Bureau officials on the same day.

The FCC should approve the draft order on circulation clarifying that calls originating or terminating over VoIP are subject to the same intercarrier compensation as any other kind of wireline traffic (see 1410280032), Greg Rogers, Bandwidth.com deputy general counsel, and Morgan Lewis’ Tamar Finn told an aide to Commissioner Mignon Clyburn Dec. 3, said an ex parte notice posted Monday in docket 10-90. “Every month of delay in addressing this issue costs Bandwidth time and money in disputed and unpaid access bills, diverting resources from running and growing its business, unlocking IP innovation for well-established and emerging partners on the creative edge of IP user experiences.” Verizon officials, though, told Daniel Alvarez, aide to Chairman Tom Wheeler, Dec. 4 that the agency already has determined in a number of proceedings that an LEC “cannot assess end office switching access charges when it routes over-the-top VoIP traffic over the public Internet,” said an ex parte filing posted Monday. Reversing the determination would “encourage arbitrageurs to use over-the-top VoIP autodialing equipment to collect originating switched access through new robocall schemes,” Verizon’s Kathleen Grillo, senior vice president-federal regulatory affairs, Chris Miller, vice president-regulatory affairs, and Alan Buzacott, executive director-federal regulatory affairs, told Alvarez. If the commission changes course, it would have to adjust rules and apply it prospectively, Verizon said.

Reclassifying broadband under Communications Act Title II would put net neutrality rules on the strongest legal standing, Leigh Freund, AOL global public policy chief counsel, told an aide to Commissioner Jessica Rosenworcel Dec. 3, said an FCC ex parte filing posted in docket 14-28 Monday. A firm ban on paid prioritization “should rely on all jurisdictional sources available,” including Title II and Section 706, AOL said.

The FCC doesn't have authority to pre-empt state laws putting up obstacles to municipal broadband projects, and should reject pre-emption petitions from the Electric Power Board of Chattanooga, Tennessee, and Wilson, North Carolina, Brad Ramsay, NARUC general counsel, and officials from ITTA and CenturyLink told FCC General Counsel Jonathan Sallet and a Wireline Bureau official, said an ex parte filing posted Monday in dockets 14-115 and 14-116. Also involved in the Dec. 3 meeting were ITTA's Genny Morelli, president, and Micah Caldwell, vice president-regulatory affairs, and CenturyLink's Jeb Benedict, vice president-federal regulatory affairs.