Vermont National Telephone claims of fraud by big winners in the 2015 AWS-3 auction are heading back to the U.S. District Court for the District of Columbia as the U.S. Court of Appeals for the D.C. Circuit on Tuesday reversed the lower court's dismissal of VTEL's Fair Claims Act suit. The FCC doesn't have the authority to assess financial civil penalties during licensing proceedings, so its evaluation of Northstar Wireless and SNR Wireless long-form applications and of petitions to deny them doesn't count as an "administrative civil money penalty proceeding" under the federal False Claims Act, the D.C. Circuit said (docket 21-7039). The act doesn't allow actions based on allegations or transactions subject to a civil suit or an administrative civil money penalty proceeding where the government is a party. The Circuit Court said it disagreed with the lower court finding that VTEL hadn't plausibly alleged any false claims that could influence Northstar and SNR eligibility for bidding credits in the auction. They said there are perhaps other reasonable justifications for SNR and Northstar actions in the auction, but VTEL allegations of undisclosed agreements to act on behalf of Dish Network and transfer AWS-3 spectrum rights to Dish are plausible. "We are pleased with the D.C. Circuit’s decision, and Vermont National Telephone Company looks forward to pursuing its claims against DISH and other defendants in federal district court," VTEL outside counsel emailed. Northstar, SNR and Dish outside counsel didn't comment. Deciding the appeal were D.C. Circuit Judges David Tatel, Judith Rogers and Cornelia PIllard, with Tatel penning the decision. Oral argument was March 3. The Dish designated entities are separately challenging the FCC's 2020 rejection of the AWS-3 bidding credits -- the second time the agency did so (see 2011230062).
The FCC Office of Economics and Analytics wants comments by July 1, replies Aug. 1, on the state of competition in the communications marketplace, said a public notice Monday in docket 22-203. The office wants data for 2020 and 2021, and any "notable trends and developments that have occurred during early 2022," the notice said. It also wants information about how the COVID-19 pandemic affected the marketplace and "should be incorporated into our analysis."
The FCC Consumer and Governmental Affairs Bureau wants comments by May 31, replies by June 7, on Telecom Relay Service Fund administrator Rolka Loube's proposed per-minute compensation formulas for the multistate average rate structure, said a public notice Monday in docket 03-123. Rolka Loube proposed $4.5098 for interstate traditional TRS, $5.6408 for speech-to-speech relay service, and $2.3419 for captioned telephone service. The bureau also wants comments on Rolka Loube's disbursement estimates and recommendations for the national deaf-blind equipment distribution program, iCanConnect. The FCC will address video relay service, IP captioned telephone service, and IP relay "in actions separate from this request for comment," the notice said.
T-Mobile Accessibility representatives raised concerns about telecommunications relay service compensation rates in a call with staff from the FCC Consumer and Governmental Affairs Bureau and Office of Economics and Analytics, said a filing posted Friday in docket 03-123. The carrier discussed “that IP Relay service continues to provide an essential communications link to certain segments of the TRS user community, including DeafBlind individuals,” the filing said: T-Mobile indicated it “would like to maintain and expand its IP Relay offering for those consumers. To do so, the company must be adequately compensated for providing the service.” T-Mobile urged a ratemaking methodology “based on a modified version of the Multistate Average Rate Structure that is used to set the rate for traditional TRS offerings.”
The Communications Workers of America has its "facts wrong" and "continues to misrepresent all of the benefits" of the T-Mobile's buy of Sprint for consumers and employees, T-Mobile said in a statement Thursday. The company responded to remarks T-Mobile call center employee Greg Caron made to the FTC and DOJ (see 2205120058). "The numbers they cite are not even close to correct," the company said. "2021 was the largest hiring year in T-Mobile’s history, and we have more than 2,000 open positions right now."
The FCC authorized support for an additional 830 Rural Digital Opportunity Fund Phase I winning bids, said a Wireline Bureau, Rural Broadband Auctions Task Force, and Office of Economics and Analytics public notice Thursday in docket 19-126 (see 2204150060). Air Link Rural Broadband, Central Telephone of Virginia, CenturyLink/Lumen, CenturyTel, Frontier, Hawaiian Telcom and Qwest were among the authorized bids.
More than 30 consumer advocacy organizations asked NTIA and the Biden administration to prioritize "consumers’ needs over the desires of industry" in its broadband programs funded through the Infrastructure Investment and Jobs Act, in a letter Thursday. "Universal equitable connectivity could be imperiled if the NTIA fails to use its congressional authority," the letter said, and NTIA should "set minimum standards, prescribe best practices, exercise oversight over the states’ proposals, and determine who can access a low-cost broadband plan." Public Knowledge, the Benton Institute for Broadband & Society, Consumer Reports, Electronic Frontier Foundation, MediaJustice and the Marconi Society were among the signers. NTIA should "require states to prioritize scalable, symmetrical projects," and "impart its expertise" as states plan for the various programs, the groups said. The agency should also ensure providers receiving broadband, equity, access, and deployment program support offer a low-cost plan separate from the FCC's affordable connectivity program because it could "leave customers in the lurch after just a few years when the ACP [affordable connectivity program] runs out of funding."
NTIA told the FCC it should engage in "sustained research" on border gateway protocol (BGP) security and resilience, provide guidance and support to entities to "bolster BGP security practices," and "ensure that its own networks and procurement requirements reflect BGP security best practices," in reply comments posted Wednesday on the commission's notice of inquiry on secure internet routing in docket 22-90. NTIA urged the commission to coordinate with other federal agencies and stakeholders, saying resolving "potential complex problems" requires "broad input and consideration from interested parties." The agency also suggested focusing on "non-regulatory responses" to bolster security. Improving BGP security is a "fundamental aspect of maximizing global internet security and resilience," said the Internet Infrastructure Coalition. The group favored "technical internet security solutions ... developed through multistakeholder standardization processes and internet community-wide adoption of best practices," which Fastly echoed in similar comments. The federal government "has an opportunity to lead by example on routing security by implementing best practices on their own networks," said the Internet Society. There's "general agreement that a risk-based approach to mitigating vulnerabilities may reduce the potential impact of exploited BGP vulnerabilities," said the Utilities Technology Council. The group also backed industry solutions to address vulnerabilities and said the FCC could encourage "adoption of secure internet routers ... as a convenor of the stakeholders."
The Communications Workers of America asked aides to FCC Chairwoman Jessica Rosenworcel to "open a proceeding to determine the full scope its authority" for expanding the USF's contribution base, said an ex parte filing posted Friday in docket 21-476 (see 2202180046). The group said it should include "enterprise-oriented data services that rely on broadband infrastructure." The FCC should also "explore how edge companies can participate in fair cost recovery," the group said.
The FCC Consumer and Governmental Affairs Bureau extended the Perkins School for the Blind's support for national outreach services through the national deaf-blind equipment distribution program, iCanConnect, by five years to June 30, 2027, said a letter posted Thursday in docket 10-210. The bureau set aside $250,000 last year for national outreach by the school (see 2106040068).