The FCC may delay a vote on IP technology transition rules from its July 16 meeting to its Aug. 6 meeting, industry sources said Wednesday. With the July 16 meeting's preliminary agenda due out Thursday, an FCC official we spoke to had no comment, but a telco industry official said an IP tech transition order is more likely to be considered at the August meeting. Public Knowledge Senior Vice President Harold Feld said, "We are also getting a sense that it is likely to be delayed to August. The problem is that this is not a sexy issue. This is never going to be on John Oliver, and it doesn't generate billions of dollars in auction revenues." A telecom attorney following the proceeding was more definitive when asked if the commission was expected to put the IP tech transition item on the July 16 meeting agenda, saying, "It's not going to happen." The IP tech transition item grew out of a November rulemaking notice and is aimed at ensuring reliable backup power for consumers, proper customer notification of network and service changes and the preservation of competition through "equivalent" wholesale access to ILEC networks (see 1506220041).

The FCC has opposed regulation where broadcasters support it and supported regulation where broadcasters oppose it, said Matthew Berry, aide to Commissioner Ajit Pai, in a speech to the Florida Association of Broadcasters Convention Wednesday. “And on uncontroversial issues where broadcasters ask for action, the Commission often seems to do nothing,” Berry said in prepared remarks. “The end result has left many wondering what exactly is motivating the Commission’s decision-making.” Pai's office tends not to favor “the clumsy fist” of regulation, Berry said. “I was thinking of wearing a button today that read: 'Don’t blame me; I work in the minority.'" Berry criticized the FCC Democratic majority for supporting certain incentive auction policies over the objections of broadcasters, such as dynamic reserve pricing, preserving vacant channels for unlicensed use, and not limiting the auction budget to the repacking fund. “Too often throughout this proceeding, the Commission has tried to rig that market to benefit favored companies and industries and penalize those in disfavor,” he said. If DRP is abandoned in the FCC July auction order, as expected (see 1506170052), it will be “a major victory” for broadcasters, Berry said. Efforts by wireless carriers to reserve spectrum in the incentive auction are “amusing,” Berry said. ”It isn’t every day that companies with market caps over $30 billion attempt to foment a populist uprising so they can receive more corporate welfare from the federal government,” he said. “If their effort succeeds, there will be less money to pay broadcasters in the reverse auction.” The FCC should stop “thumbing its nose at Congress” and update media ownership rules, Berry said. He criticized the continued existence of the newspaper broadcast cross-ownership rule, and praised efforts in Congress that would counter the FCC rule change to increase how many joint sales agreements are attributable for ownership purposes. “I am optimistic that we will prevail,” he said in support of the congressional efforts. Berry also said it's time for the FCC to act on modernizing contest rules and revitalizing AM radio. “Time is not on the side of the grand old band," he said. The agency had no comment.

The FCC released the Further NPRM and order Monday aimed at moving Lifeline USF (see 1506180029) toward supporting broadband, improving oversight and combating abuses. The 143-page text spells out the FCC's proposals and the actions it's taking "to rebuild the current framework of the Lifeline program and continue our efforts to modernize the Lifeline program so that all consumers can utilize advanced networks." The FCC is taking steps "to promote accountability and transparency for both low-income consumers and the public at-large, and modernize the program," the text said. "Our efforts in this Second Further NPRM and Report and Order are consistent with the Commission’s ongoing commitment to monitor, re-examine, reform, and modernize all components of the Fund to increase accountability and efficiency, while supporting broadband deployment and adoption across the Nation."

FCC Chairman Tom Wheeler will outline his vision for maximizing broadband benefits at the Brookings Institution Friday at 10:30 a.m. Wheeler's address "will outline the ways technology is changing network economics and highlight a series of policies aimed at driving fast, universal, and open broadband in this new environment," a Brookings news release said Tuesday. Then Blair Levin of Brookings will moderate a discussion with Wheeler followed by brief audience Q&A. The event will be webcast.

The FCC needs to create “as close to a nationwide band plan as possible,” said Commissioner Mike O’Rielly in a speech to the New York State Broadcasters Association Summer Conference Tuesday. A public notice that used a metric that would lead to 10 to 14 percent impairment rates is an improvement, but “still far from ideal,” O’Rielly said in prepared remarks. He won’t support proposals that lead to increased impairment, such as dynamic reserve pricing, he said. DRP would let the commission limit the prices some broadcasters occupying crucial spectrum receive in the auction. “This flawed idea would permit additional and unnecessary impairments in order to reduce the amount broadcasters could receive for their stations,” O’Rielly said. The FCC will abandon DRP in its July incentive auction order, industry officials have been told (see 1506170052).The commissioner also said he would oppose “any action that allows secondary users to trump the rights of primary, full-power television stations in the TV band.” The NPRM on preserving white spaces in the TV band is “ludicrous,” O’Rielly said. The FCC shouldn’t take any action that will reduce auction revenue, O’Rielly said. “I will remain steadfast against the idea of reserving licenses for participants with lower sub-1 GHz holdings. And, I certainly would not be able to support any decision that would increase the number of reserved licenses.” The FCC places a high priority on combating pirate radio stations, O’Rielly said. The agency will be hosting New York broadcasters and others “for a discussion to start formulating a plan of attack,” on pirate radio next week, O’Rielly said. “I commit to keeping the pressure up to eradicate pirate radio for good.”

AT&T and DirecTV officials told FCC officials that their proposed transaction would provide benefits to tens of millions of consumers, according to an ex parte filing posted Monday in docket 14-90 about a conference call Friday. They cited the voluntary commitments they had previously made to provide the commission with further assurances the deal would be in the public interest, the filing said. In response to a question after the FCC's Thursday meeting, Chairman Tom Wheeler said the agency was trying to resolve the AT&T/DirecTV proceeding "with dispatch" but wouldn't elaborate. The FCC's nonbinding 180-day shot clock for its AT&T/DirecTV review remains stopped on Day 170.

The FCC seeks comment on a small-provider exemption to new net neutrality transparency duties, the Consumer and Governmental Affairs Bureau said in a public notice issued Monday in docket 14-28. CGB said the February net neutrality order adopted enhancements to its existing transparency rule requiring local broadband providers to disclose to consumers, edge providers and others information about the "commercial terms, performance characteristics and network practices" of their services. In response to the concerns of small broadband ISPs, the FCC temporarily exempted providers with 100,000 or fewer subscribers, but directed the bureau to seek further comment on the exemption and adopt an order on whether it would maintain the exemption and at what level by no later than Dec. 15, the PN said. CGB clarified that the current exemption applies to providers with 100,000 or fewer broadband connections. The bureau asked about the exemption's burdens and benefits, the proper threshold and whether a one-time extension of the exemption would be justified to help smooth the transition if the FCC doesn't make the exemption permanent. Comments are due 30 days after publication of the PN in the Federal Register, replies 30 days later.

The FCC released its order Monday giving interconnected VoIP providers direct numbering access, which was adopted Thursday 5-0 (see 1506180060). The 78-page order sets up a process to allow VoIP providers connected to traditional phone networks to obtain phone numbers directly from numbering administrators rather than through telecom carrier intermediaries. It established various conditions "designed to minimize number exhaust and preserve the integrity of the numbering system." The FCC disagreed with commenters that said the agency had to classify interconnected VoIP service as a Title II telecom service under the Communications Act to give providers of the service direct numbering access. The FCC said nothing in Section 251(e) restricted the commission's numbering jurisdiction to telecom carriers. NARUC was among the most explicit and seemed to raise a litigation threat in warning the commission not to give interconnected VoIP providers direct numbering access without classifying their service under Title II (see 1506120013). Commissioner Mignon Clyburn said in her statement that the agency should decide the VoIP classification issue and stand by it. The FCC said arguments that it should address certain intercarrier compensation issues in the same order were "speculative" and "do not constitute sufficient grounds to delay VoIP direct numbering access." A footnote confirmed it declined to act on Level 3's proposals seeking to ensure CLECs can collect local switching access charges when completing the VoIP calls of providers with direct numbering access, as expected (see 1506190047). The order said Level 3 raised the issue a few days before the beginning of the sunshine period. The commission called its related VoIP symmetry rules complex and said it lacked an adequate record to fully evaluate Level 3 proposals and implications.

The FCC rejected all major changes sought by industry, in an order on various petitions for reconsideration on the service rules for the TV incentive auction. The order had been approved by the FCC through electronic voting (see 1506180041). “As we have stated before, our intention is to begin accepting applications to participate in the incentive auction in the fall of 2015, and to start the bidding process in early 2016,” the FCC said. “We issue this Order now in order to provide certainty for prospective bidders and other interested parties in advance of the incentive auction.” Commissioner Ajit Pai said in a statement that he approved in part and concurred in part on the order. “While I do not agree with the resolution of every single petition for reconsideration addressed in this Order, I do agree with how we dispose of the overwhelming majority of them,” he said. "And second, working together, we improved the item.” Pai cited a change the FCC made to consumer education requirements imposed on broadcasters. TV “stations repacked after the auction will have every incentive to inform their viewers of a channel change in the most effective manner,” he said. “It will be a matter of economic self-interest.”

Clarification: Renee Gregory, wireless aide to FCC Chairman Tom Wheeler, plans to return to the agency after maternity leave (see 1506180036).