Gabriella Novello

Industry representatives and members of the Fiber Broadband Association's middle-mile and public policy working groups emphasized the need for more public-private partnerships to promote middle mile connectivity during a webinar Wednesday. "Middle mile is like that middle child that keeps getting ignored," said Sachin Gupta, Centranet director-government business and economic development. "If we continue ignoring it," he warned, "we will not be able to connect all of these new last mile connections that we are planning on building."

LTD Broadband asked the U.S. Court of Appeals for the D.C. Circuit Wednesday to overturn the FCC's denial of its Rural Digital Opportunity Fund Phase (RDOF) I auction long-form application. It filed a partially redacted petition (docket 24-1017). LTD was the largest RDOF winner, receiving an award of roughly $1.3 billion to deploy broadband to 528,088 locations across more than a dozen states (see 2012070039).

Industry representatives raised concerns about potential negative effects for consumers should the FCC adopt an NPRM Chairwoman Jessica Rosenworcel circulated among fellow commissioners last month that bans bulk billing arrangements between ISPs and multi-dwelling unit (MDU) owners (see 2403050069). "We built our business around" MDUs because "there was a gap in the marketplace" and a "demand to provide an alternative to the incumbent providers," said Pavlov Media President-MDU Bryan Rader.

The FCC released the final text of an order restoring net neutrality and reclassifying broadband internet access service as a Communications Act Title II telecom service Tuesday. Commissioners approved the item during their April open meeting in a 3-2 vote. An initial comparison between the final text and the draft shows several changes, including "no rate regulation, no tariffing, no unbundling of last-mile facilities, and no cost accounting rules" as part of the Title II reclassification (see 2404250004). The order also clarified that "we have not determined that regulation of zero-rating and interconnection is detrimental, leaving room for states to experiment and explore their own approaches within the bounds of our overarching federal framework." The FCC added to the state preemption section that “the mere existence of a state affordability program is not rate regulation.” The commission won’t “address any particular program here,” it said. “Nevertheless, we find that states have a critical role to play in promoting broadband affordability and ensuring connectivity for low-income consumers.” The 2nd U.S. Circuit Court of Appeals upheld New York state’s affordable broadband law one day after the FCC adopted the Title II decision (see 2404260051).

The Universal Service Administrative Co's. (USAC) role in administering the FCC's Universal Service Fund programs "is purely administrative," the FCC told the U.S. Supreme Court in response to Consumers' Research's challenge of how the commission determines quarterly contribution factors (see 2401100044). USAC "must comply with detailed regulations issued by the FCC" and "helps the FCC compute the amount of each quarterly payment" carriers must contribute, the agency said in an opposition brief filed in docket 23-456.

Policymakers, industry officials and broadband experts emphasized the demand for additional rural broadband deployment and affordability programs during an NTCA policy conference Wednesday in Washington. With uncertainty looming around the FCC's affordable connectivity program, Sen. Amy Klobuchar, D-Minn., and FCC Commissioner Geoffrey Starks urged Congress to replenish the program and keep rural communities connected (see 2405010055).

FCC commissioners were met with applause following a 3-2 vote that restored the net neutrality framework and reclassified broadband internet access service (BIAS) as a Communications Act Title II telecom service during the agency's open meeting Thursday (see 2404190038). “Essential services [require] some basic oversight,” Chairwoman Jessica Rosenworcel said. She told reporters following the vote that the rules are "court tested and court approved" because they are "very consistent with" prior rules that were upheld in court: "I'm confident that these rules will also be upheld."

Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.

Industry and consumer groups have lobbied the FCC in recent days on whether to maintain its proposed language regarding forbearance of Universal Service Fund (USF) contributions for broadband internet access service (BIAS) in its draft order restoring net neutrality rules, according to an analysis of recent ex parte filings in docket 23-320. The FCC in its draft order to be considered Thursday during the commissioners' open meeting tentatively decided to grant ISPs forbearance from Communications Act Section 254(d) requirements, which govern USF contributions (see 2404050068).

Broadband officials and experts Wednesday called for continued pressure to replenish the FCC's affordable connectivity program (see 2404100075). Some panelists during Next Century Cities' bipartisan tech policy conference also urged community leaders to engage with their state broadband offices as NTIA approves states' plans for the broadband, equity, access and deployment program.