Two months after an FCC majority refused to find that the U.S. wireless market is competitive in its annual wireless competition report, the same majority is expected to decline to declare that broadband is being deployed to all Americans “in a reasonable and timely fashion,” commission officials said Friday. The latest negative review of how markets are working is in the Section 706 broadband competition report, which the commissioners voted on last week and is expected to be released in the next few days. Republicans Robert McDowell and Meredith Baker are expected to dissent from the broadband report, as they did to the wireless report. The report is the first since the initial report in 1999 not to give the industry a clean bill of health on deployment.

Telephone service providers asked to be relieved of the duty of verifying customers’ eligibility for the Lifeline program. Verification should be a government function, they said in comments to the Federal-State Joint Board on Universal Service on proposed changes to the Lifeline and Link-Up programs. They split on the question of whether the Lifeline program should include broadband and whether households should be eligible for more than one discounted phone connection.

Opponents and supporters of reclassification filed long, often strongly worded filings in response to what FCC Chairman Julius Genachowski calls his “Third Way” broadband-reclassification proposal. The comments land at a sharply divided agency.

Regulators’ negotiations with industry over broadband reclassification probably will be long and slow, economists and analysts said in interviews. Meanwhile, a third meeting between Hill staffers and industry representatives Friday took up various spectrum policy matters (CD July 16 p9) that could require a rewrite of the Telecom Act, officials said.

The FCC probably will appeal to the Supreme Court its legal defeat over a policy of censuring broadcasters for airing one unintentional curse word during a show (CD July 14 p1), veteran industry lawyers and executives predicted. Many of them, and others we surveyed, also think the commission will at around the same time re-examine through a rulemaking what’s called the fleeting expletives policy. Career staffers continue to sort through filings against stations airing Fox programming over a Jan. 3 episode of American Dad, matching viewers’ complaints with the broadcasters in their markets, commission and industry officials said.

Dish Network’s request for a preliminary injunction that would block a federal statute requiring the direct broadcast satellite service carry significantly more public TV programming in HD fails to meet the necessary criteria, the Department of Justice said in opposing the request. Dish is suing the FCC as the enforcer of the law passed by Congress in May as part of the Satellite Television Extension and Localism Act of 2010 (STELA) (CD May 13 p2). Dish said the statute violates the company’s First Amendment rights by requiring carriage of certain programming. Per the statute, Dish must reach an agreement with public TV stations for carrying the HD programming by July 27 or face an accelerated schedule to add those broadcasters’ streams in that format.

SAN JOSE, Calif. -- AT&T thinks restrictions on collecting and using information about customers and their actions online should be reduced for telcos and raised to the same level for cable companies and Web publishers, an executive said. Telcos come under “rules that other players in the environment don’t have,” and they apply beyond the wireline voice business that has long been heavily regulated, said Sherry Ramsey, assistant vice president for regulatory planning and policy.

Factors including cost, lack of digital literacy and access are preventing older Americans from getting online, panelists said at a conference by Project GOAL (Get Older Adults online) Thursday. The FCC is actively working on implementation of the National Broadband Plan, said John Horrigan, the agency’s consumer research director.

The FCC received thousands of filings this week in response to its inquiry seeking comments on reclassifying broadband transmission under Title II of the Communications Act, making broadband subject to common carrier regulation. Comments were due Thursday. The FCC remains sharply divided, with few signs that the FCC’s three Democrats, who support reclassification, or two Republicans, in sharp opposition, have moderated their views.

Portable devices that receive mobile DTV broadcasts were exempted from FCC rules that they contain tuners capable of getting regular analog and digital broadcasts, in a Media Bureau decision Thursday afternoon. Cellphones, PDAs, laptops, dongles and devices used in autos can exclude analog and/or ATSC A/53 digital TV signal reception if they can get mobile broadcasts using A/153. The products must be designed to be used “in motion” and give notice to consumers on the package and in certain cases at point of sale about which types of signals can’t be received.