The FCC Consumer and Governmental Affairs Bureau is asking for comment as it prepares a biennial report to Congress on compliance with the 21st Century Communications and Video Accessibility Act. The CVAA report is due Oct. 8 and the bureau asked for comments through April 26 in docket 10-213. “Public comment will assist the Commission in assessing the level of compliance with statutory mandates for telecommunications and advanced communications services (ACS) and equipment used with these services -- as well as Internet browsers built into mobile phones -- to be accessible to and usable by individuals with disabilities, the extent to which accessibility barriers still exist with respect to new communications technologies, and the effect of CVAA recordkeeping and enforcement requirements on the development and deployment of new communications technologies,” the bureau said. This is the fourth such report. The 2016 one found “solutions were needed to make equipment used with interconnected VoIP services accessible to people who are blind or visually impaired,” the new public notice said. The bureau also found “little, if any, progress had been made since the 2014 … Report to make non-smartphones used for telecommunications services or ACS accessible to people who are blind or visually impaired.” But the bureau determined at the time accessibility of smartphones “and other devices had improved for people with a wide range of disabilities.”

Rural providers slammed draft FCC rural call completion rules (see 1803280046) last week as possibly worsening the problem, while cable companies supported deregulation. NTCA had separate meetings Tuesday and Thursday with Commissioner Mignon Clyburn and aides for Chairman Ajit Pai and Commissioners Mike O’Rielly and Jessica Rosenworcel, the association said in docket 13-39. NTCA supported cutting red tape but said the order “would have a negative impact on the continuing problem of calls failing to complete to rural businesses and consumers.” Taking away reports “could very well lead to backsliding,” it said. An alternative is to mandate standards and best practices from ATIS, NTCA said. The agency should require providers respond to rural call completion complaints within a business day, the group said. Rules should sunset after three years and revert to current rules absent a finding the new ones worked, it said. NTCA urged the agency to delete a proposal from its draft NPRM to eliminate recordkeeping and retention rules: “There is no basis in the record to permit carriers to eliminate evidence of the success or failure of their intermediate provider monitoring efforts.” The American Cable Association and NCTA met Tuesday with an aide to O’Rielly and Thursday with an aide to Pai, said a notice. The groups supported the draft order as removing “regulatory ‘underbrush’ without undermining the Commission’s goal of reducing call completion.” They raised concerns some parts “suggest that originating providers are solely responsible any time a call fails to complete.” The FCC should “clarify that the rules focus on persistent problems with rural call completion by originating or intermediate providers, and not isolated call failures,” ACA and NCTA said. “Explicitly state that an originating provider that engages in reasonable monitoring efforts will not be held responsible under the proposed rules for conduct of intermediate providers that is not identified, or could not be identified."

House Commerce Committee ranking member Frank Pallone, D-N.J., Foreign Affairs Committee ranking member Eliot Engel, D-N.Y., and Homeland Security Committee ranking member Bennie Thompson, D-Miss., urged the FCC Thursday to investigate and address any “unlawful use” of “hostile, foreign cell-site simulators,” commonly known as Stingrays, in Washington, D.C., and elsewhere in the U.S. They raised concerns in a letter to FCC Chairman Ajit Pai, after the Department of Homeland Security identified (see 1804040051) the cellsite simulators “throughout Washington.” The Stingrays “could be gathering intelligence on unwitting Americans on behalf of foreign governments,” the lawmakers said: “If these reports are true, it marks an incredible security vulnerability in the seat” of the federal government, particularly given the presence of “critical federal agencies including those involved in national defense and intelligence.” The commission created a task force in 2015 to address Stingray issues (see 1504290030), but “with foreign actors now potentially taking advantage of the Commission’s inaction, the FCC should act,” the Democrats said. The agency didn't immediately comment.

NCTA defended its "Accelerated and Safe Access to Poles" plan against criticism from Google Fiber and Verizon (see 1803060030 and 1803140060). "The ASAP Proposal is a balanced, comprehensive proposal that meets the Commission’s goal of accelerating the process by which broadband providers are able to attach to utility poles in a manner that reflects the legitimate interests of all parties," said the cable group's filing Wednesday in docket 17-84. "Google advocates a regime in which a new attacher would have near total control over the network facilities of existing attachers with no obligation to take serious responsibility for its actions. And Verizon simply appears resistant to any changes that would require it to process applications more quickly." Verizon replied by email: “There’s a growing consensus that a real one touch make ready approach would go far in spurring broadband deployment. NCTA has been consistent in its efforts to fight this approach and maintain the existing levers to delay or prevent competitive deployment. We hope the FCC will see these efforts for what they are.” Google didn't comment. An Incompas filing Thursday on a meeting with Wireline Bureau officials voiced support for the one-touch, make-ready proposals of the FCC's Broadband Deployment Advisory Committee.

The Entertainment Software Association challenged FCC repeal of net neutrality regulation. ESA filed a motion Wednesday to intervene against the commission's order in the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC, et al., No. 18-1051. "Consumers deserve rules of the road that prevent blocking, throttling and other restrictive conduct -- and enable the great online experiences," said Stan Pierre-Louis, ESA general counsel. Others filing to intervene, on different sides, this week were: the American Cable Association, Computer & Communications Industry Association, CTIA, Internet Association, Leonid Goldstein, NARUC, National Association of State Utility Consumer Advocates, NCTA and USTelecom.

A draft FCC order and NPRM on assessment and collection of industry regulatory fees was sent to commissioners last week, according to the agency's circulation list. The item addresses several issues raised in a previous notice and seeks comment on regulatory fees for FY 2018, said a spokesman Wednesday.

Dish and designated entities Northstar Wireless and SNR Wireless amended their agreements, with Dish loosening its control of those companies. The renegotiated DE agreements came after the U.S. Court of Appeals for the D.C. Circuit's August ruling that upheld the FCC withholding the DEs' AWS-3 auction bidding credits due to their too-close connections to Dish (see 1708290012). In an SEC filing Wednesday, Dish said its amended Northstar agreement says Northstar no longer has to consult with it about budgets and business plans and removed the requirement that its systems be interoperable with Dish's. Dish also agreed to exchange $6.87 billion in Northstar debt for 6.87 billion nonvoting shares. It said Dish also agreed to lower the interest rate on $500 million in Northstar debt still outstanding from 12 percent annually to 6 percent, to eliminate the higher interest rate that would apply in a default and to modify or remove some obligations for Northstar to prepay the loan. The satellite service provider said the amended SNR agreement has the same terms, though with Dish exchanging $5.065 billion owed for 5.065 billion nonvoting shares. Dish also said it agreed on identical terms modifications for $500 million in SNR shares still outstanding. The company said that other issues related to the remand remain in negotiation. The satellite-TV provider said SNR and Northstar have put in multiple requests with the FCC for meetings to discuss a cure to the DE control issue but that the agency hasn't granted an audience. The agency didn't comment. The agreements put Dish and the DEs "one step closer" to regaining the $3.3 billion AWS-3 spectrum discount, ultimately giving Dish close to 200 more spectrum licenses atop its close to 100 MHz, which would point to an IoT partnership or M&A, Maquarie analyst Amy Yong wrote investors. She said with negotiations ongoing, the process could run through the second half of this year or into 2019.

An FCC order providing some USF relief for tribal operational expenses looks imminent, agency officials said Wednesday. Commissioner Mignon Clyburn and Chairman Ajit Pai traded fire in February over Clyburn's decision to change her vote to a partial dissent. She said the order should also act to expand tribal broadband (see 1802020058). The FCC recently issued an NPRM proposing a tribal broadband factor to target additional USF support to Native American lands (see 1803230025).

Microsoft doesn't object to DOJ’s request the Supreme Court dismiss U.S. v. Microsoft as moot, but reserves the right to challenge the agency’s latest search warrant, it filed Tuesday (see 1804020055). “Microsoft agrees the current case is moot and there is no reason for this Court to resolve a legal issue that is now of only historical interest.” The software maker noted the original search warrant is no longer active. DOJ argued the case is moot, given passage of the Clarifying Lawful Overseas Use of Data (Cloud) Act. The department obtained a new search warrant, which a magistrate judge issued Friday. Microsoft said it will review the new warrant or any subsequent warrants carefully before deciding if there's obligation to comply, while retaining a right to challenge the warrant on comity grounds. President Brad Smith blogged Tuesday that with passage of the act, which both DOJ and Microsoft supported, governments need to move quickly to establish international agreements. The ultimate goal, which could take years, “is a set of agreements that create an accepted model and establish clear international legal rules that satisfy law enforcement and privacy advocates alike,” Smith said.

The Supreme Court granted the government another month to respond to petitions appealing a ruling by the U.S. Court of Appeals for the D.C. Circuit affirming the FCC's 2015 net neutrality order. The high court approved the solicitor general's latest request to extend the response deadline, from Wednesday to May 4, said a note posted Monday in its docket on Daniel Berninger v. FCC, et al., No. 17-498. Some parties believe the government is waiting for the FCC's recent net neutrality repeal order to take effect so it can move to dismiss the 2015 order case. The repeal order won't take effect until after the Office of Management and Budget clears FCC broadband transparency rule ISP disclosure requirements under the Paperwork Reduction Act. Comments are due April 27 on the commission's estimated compliance burdens. OMB could approve or seek changes. The D.C. Circuit reopened the case on challenges to the net neutrality repeal order, which was transferred last week by the 9th Circuit (see 1803280035). A court order (in Pacer) Tuesday asked for any procedural motions by April 30 and any dispositive motions by May 7. Various parties filed to intervene in the case, Mozilla v. FCC, et al., No. 18-1051 (in Pacer).