A court case holding up planning for the FCC’ s move to new headquarters may be close to being complete, as all parties involved asked (in Pacer) that the case be dismissed, according to a stipulation of dismissal filed in the U.S. Court of Appeals for the Federal Circuit Friday. FCC landlord Parcel 49C, the U.S. government and new headquarters developer Trammell Crow all “stipulate to voluntary dismissal of this appeal with prejudice,” the filing said. The parties are asking for the case’s dismissal because congressional funding has now been authorized that would allow another federal tenant -- the Pension Benefit Guaranty Corp. -- to replace the FCC in the Portals building, according to another filing in the case. The FCC’s lease in the Portals building expired in October, but its new home at Sentinel Square III in Washington, D.C.’s NoMa neighborhood won’t be complete until 2019. Negotiations over an interim lease in the Portals had stalled while Parcel 49C waited for confirmation it would get a new tenant. Parcel 49C took the General Services Administration to court for awarding the contract for the FCC’s new home to Trammell Crow (see 1701120044), but the parties mutually agreed to a hold when the GSA began moving toward installing the PBGC in the Portals. The FCC didn’t comment on the status of the planned move.

Among the wave of nominations that President Donald Trump said he will send to the Senate is that of Brendan Carr, renominated to the FCC for a five-year term beginning July 1.

FCC expansion of its Intergovernmental Advisory Committee will be effective upon Federal Register publication Monday, says a notice. Commissioner Mignon Clyburn dissented from December's decision to double membership of the body that advises on telecom issues affecting local, state and tribal interests (see 1712200063).

The FCC Enforcement Bureau adjusted for inflation the amounts of 2018 forfeiture penalties, said an order released Friday. The adjustment is based on fluctuations in the consumer price index. The bureau said a multiple of 1.02041 will be applied to 2017 penalties, rounded to the nearest dollar. The new levels apply to penalties assessed after Jan. 15, even if the violation occurred before.

The FCC is one of six finalists for an award recognizing achievements in analytics for its incentive auction, said a news release from the Institute for Operations Research and the Management Sciences. The Franz Edelman Award for Achievements in Operations Research and Management Science “recognizes corporate, non-profit, and governmental organizations” that used “operations research and related tools to solve complex problems,” it said. “This auction would not have been possible without the use of operations research tools to solve complicated design and implementation challenges,” said FCC Chairman Ajit Pai. Other finalists include Turner Broadcasting System, which developed TV audience advertising targeting software.

Correction: The author of a Free State Foundation paper on local government response to FCC net neutrality rules is Enrique Armijo (see 1801030023).

Universal Service Administrative Co.'s board "is fully committed to strengthening oversight and delivery of timely, reliable and secure systems needed to fully administer all aspects" of USF, said Chairman Brian Talbott in a letter the FCC posted Wednesday. He responded to a Dec. 13 letter from FCC Chairman Ajit Pai expressing concerns about USAC's information technology and security systems and seeking the board's "unqualified commitment" to bolster oversight. Pai said system problems caused delays affecting important FCC deadlines, including for a fully functioning E-rate Productivity Center and the launch of a Lifeline national verifier. USAC's board shares Pai's concerns, Talbott wrote. He said new (see 1712130018) CEO Radha Sekar has "extensive" IT experience and USAC is "actively seeking a qualified Chief Information Officer and Chief Information Security Officer" to make improvements. On information security, he said the board pledges USAC, in collaboration with the FCC, "will ensure every effort is made to deliver timely and effective compliance with all applicable rules and requirements" -- including of the 2002 Federal Information Security Management Act -- on all projects. "Security compliance will be incorporated into USAC's information systems development and design process to avoid the kinds of pitfalls that historically beset the E-rate Productivity Center and contributed to the recent delay" of the Lifeline national verifier, he wrote.

FCC Chairman Ajit Pai has withdrawn from a planned visit to CES and interview with CTA President Gary Shapiro, the association said Wednesday. This is the second CES in a row that won’t be attended by the FCC chairman -- Tom Wheeler withdrew plans to attend last year. "We look forward to our next opportunity to host a technology policy discussion with him before a public audience," CTA said. The commission didn't comment.

State Democrats offered net neutrality legislation on the first day of some sessions. Wednesday in California, Scott Wiener, along with other Democratic state senators, introduced the bill he promised last month that would counter the FCC rescinding Communications Act Title II regulations (see 1712210034). New York lawmakers opened their session Wednesday with three net neutrality bills already introduced: AB-08882, SB-7183 and S-7175. Massachusetts also opened session with a net neutrality bill (SD-2428) in the hopper. “As states across the country explore how to maintain an open internet, California can and must lead the charge to protect net neutrality,” Wiener said in a Wednesday news release. His bill (SB-822) would regulate business practices to require net neutrality and condition state contracts on adhering to net neutrality. It would require the policy as part of cable franchise agreements and as a condition for using a right of way, including for small-cell wireless facilities. “Although the FCC included in its order a purported preemption of state net neutrality rules, the FCC likely does not have the power to preempt state action on this issue,” said the Wiener office, citing the agency’s loss in a 2016 municipal broadband decision by the 6th Circuit U.S. Court of Appeals. With local governments eyeing municipal broadband as a response to the FCC order (see 1712260026), Free State Foundation board member Enrique Armijo wrote Wednesday that it’s hypocritical for local governments to decry removing mandates for private ISPs without seeking the same for their own networks. “Terms of service such as those used in Chattanooga, Wilson, [North Carolina,] and potentially scores of other cities … violate basic tenets of First Amendment law, let alone the principle that network providers should not block or throttle speech.”

The FCC could soon issue the order undoing net neutrality regulation, officials told us Wednesday. "I don't think they're looking to drag it out. My sense is it could come out later this week or early next," said one. "That sounds about right," said another, noting "it's just a big item" and "takes more time," particularly given the holiday break. The second official said the final item will look "pretty similar to the draft" that circulated, except for a few changes, including those previously cited by Commissioner Mike O'Rielly on the legal basis of a transparency rule and on the pre-emption of state and local transparency requirements. Some commissioners appear to be writing lengthier statements than they gave Dec. 14, when the item was adopted in a 3-2 party-line vote (see 1712140039). The Republican-run FCC could add some justifications to the text to respond to criticisms of the two dissenting Democratic commissioners and others as it prepares for promised legal challenges. A spokesman declined to comment. Once the order is released, congressional Democrats may file a resolution of disapproval (see 1801030051).