A draft FCC order would implement new robocall rules and regulations under the 2015 Budget Act's amendments to the Telephone Consumer Protection Act, a commission official told us Monday when asked about an item on the agency's updated circulation list issued Friday. Chairman Tom Wheeler "has circulated proposed rules which abide by the Budget Act while helping consumers avoid unwanted debt collection robocalls," the official said. "His proposal includes the right of consumers to stop unwanted calls, limits on who can be called, and limits to the number of calls per month.” Earlier this month, in response to petitions from Broadnet and others, the FCC clarified that the TCPA doesn't apply to calls made by or on behalf of the federal government as part of official business, except for calls made by contractors that don't comply with government instructions (see 1607060013). Commissioner Jessica Rosenworcel said then the FCC already had sought comment in an ongoing rulemaking on a narrow TCPA issue -- providing an exception for companies hired by the federal government to collect funds that are owed the government (see 1605090037), as the agency was instructed to do by Congress in last year’s budget deal. “So our actions here have an odd result. In effect, we prejudge the outcome of our narrower proceeding under the Bipartisan Budget Act,” she said July 5.

CTA President Gary Shapiro urged Donald Trump, presumptive GOP nominee, and his newly selected choice for vice president, Indiana Gov. Mike Pence, to release a tech agenda. “The tech industry hopes that in the coming days, the Trump-Pence campaign will provide clarity on where it stands on trade and when we can expect a detailed and substantive agenda that specifically outlines its positions on technology and innovation issues,” Shapiro said Friday. CTA hopes Pence “will shape Donald Trump's tech agenda and share his strong advocacy for the Trans-Pacific Partnership,” he said. Earlier last week, Pence unveiled an Indiana tech fund (see 1607150043). “Indiana has twice earned top-tier status as an Innovation Champion in both of CTA's Innovation Scorecards, an annual innovation policy performance index," said Shapiro. "Gov. Pence legalized ridesharing statewide in 2015 and grew Indiana's technology sector by providing local and state tax revenue reinvestment for taking part in the creation of two dozen tech hubs. Although Gov. Pence supported laws allowing businesses to discriminate against the LGBT community, he listened to the tech community's concerns and amended the law.” Senate Commerce Committee Chairman John Thune, R-S.D., said he expects Trump to release such an agenda by the fall debates (see 1606290073). Pence is a former House lawmaker and sponsored the Broadcaster Freedom Act in multiple sessions of Congress. It would have forbidden the FCC from reviving the Fairness Doctrine.

NTIA Administrator Larry Strickling defended ICANN’s Internet Assigned Numbers Authority transition plans during an episode of C-SPAN’s The Communicators set to have been televised this weekend. He cited successful completion of a joint ICANN-Verisign 90-day test of a parallel version of the root zone file to ensure the file would remain reliable after the IANA transition. ICANN and Verisign began testing the parallel version of the root zone file in late April to verify that data contained in the Root Zone Management System-produced (RZMS) file will remain reliable after the IANA transition (see 1604110038). ICANN confirmed Thursday that the parallel testing period concluded successfully earlier this month. The test resulted in “zero unexplained differences” between the live version of the root zone file and the parallel testing version of the file that didn’t include NTIA’s authorization, ICANN said in a news release: “This result confirms that the production RZMS and parallel test system produce an identical output for every root zone file published, which was a key step to ensuring the continued security and stability of the Internet's root zone” after the IANA transition. The success of the parallel testing shows the “new system by which ICANN will transmit changes to the root zone directly to Verisign has now been proven to work exactly the same as the current system does,” Strickling said. “The one technical change that has to occur as part of the transition has now been proved to be fully operational and implementable.” Strickling recently pushed back against proposals to delay the IANA transition to allow for further evaluation of the governance changes resulting from ICANN’s transition plans. He said a transition delay not sought by ICANN stakeholders has the potential to damage U.S. credibility and international support for multistakeholder internet governance (see 1606280062 and 1607140084).

Numerous groups with an interest in 5G are applauding the FCC for opening up high-frequency bands for 5G in its spectrum frontiers proceeding. Intel said Thursday's 5-0 vote (see 1607140052) is "ensuring that the U.S. remains a world leader in mobile broadband." It said 5G access to the 28 and 37/39 GHz bands and unlicensed use in the 64-71 GHz bands "in an investment-friendly manner will spur development ... in the U.S. and other countries." CEO Brian Krzanich in a statement said, "Consumers and businesses are going to start benefiting from 5G much faster than generally expected and the FCC’s bi-partisan decision ... is crucial to accelerating this phenomenon." Commissioners' "proactive leadership [is] helping pave the way to make 5G networks a reality in the United States," said National Association of Tower Erectors Executive Director Todd Schlekeway. NATE said member companies "have developed and maintained every generation of communications networks and will be on the front lines again in order to help make 5G networks a reality in the future." The Telecommunications Industry Association in a statement said the FCC vote "frees a significant amount of new spectrum for mobile use, and does so without attaching strings or taking a wait-and-see approach. ... Spectrum Frontiers provides both the fuel that will be demanded by next-generation networks, and the predictability that is needed by technology companies." TIA said implementation of the 5G rules must be done "in ways that deliver on the FCC’s promise of a flexible approach, and we must continue to find new and creative ways to address our insatiable demand for more bandwidth." Information Technology Industry Council Vice President-Government Affairs Vince Jesaitis in a blog post Thursday called the spectrum frontiers decision "a historic one, and one that will cement U.S. leadership in 5G connectivity and next generation WiFi technology commonly known as WiGig" by making the U.S. the first country to map out 5G spectrum and identify additional spectrum bands for 5G and other wireless technologies. "This puts the United States well ahead of foreign counterparts by allowing American entrepreneurs and consumers to be the first in the world to have the tools needed to innovate in the new era of the of the internet: the Internet of Things," Jesaitis wrote. "Cars, buildings, infrastructure like highways and bridges, industrial systems, streetlights, and countless other objects will be using wireless connections to transfer data as well. To accommodate the 30 billion devices that will be connected to the internet by 2020, and fully realize the $11.1 trillion boost to the economy that the IoT will bring, we need to build on current wireless technologies by adopting policies like the 5G initiative that will spur investment in next generation wireless technologies." Friday, the White House and agencies unveiled a wireless research effort that includes 5G (see 1607150035).

The FCC detailed its test to "streamline" voice service discontinuance reviews and other specifics in a tech transition order it released Friday that was approved by commissioners Thursday (see 1607140066). Parties seeking to replace legacy voice services with new IP-based or wireless services can get fast-track treatment if they meet an optional three-pronged test on replacement service adequacy, said the order, which noted a previous proposal for using eight criteria drew concerns. "This straightforward, streamlined approach will promote clarity, certainty, and efficiency. The test encapsulates the important criteria identified in the Emerging Wireline Further Notice, but categorizes them conceptually," the order said. An applicant seeking tech transition discontinuance "may demonstrate that a service is an adequate replacement for a legacy voice service by certifying or showing that one or more replacement service(s) offers all of the following: (i) substantially similar levels of network infrastructure and service quality as the applicant service; (ii) compliance with existing federal and/or industry standards required to ensure that critical applications such as 911, network security, and applications for individuals with disabilities remain available; and (iii) interoperability and compatibility with an enumerated list of applications and functionalities determined to be key to consumers and competitors. One replacement service must satisfy all the criteria to retain eligibility for automatic grant." Fast-track applicants can also show "that, despite not being able to meet the criteria, the totality of the circumstances demonstrates that an adequate replacement nonetheless exists," said the order, which fleshed out specifics of the test over 50 pages of text and rules. Parties still can obtain discontinuance approval under a previous five-factor test. The order also detailed the FCC decision to grant USTelecom's petition for nondominant treatment of ILEC interstate switched access services connecting local callers to long-distance networks. ILECs can now file new tariffs for such services on one day's notice, but to receive deemed-lawful treatment, must give seven days' notice for proposing only a rate decrease and 15 days' notice for all other filings, said the order. The commission expects most associated ILEC filings will continue to be filed on seven or 15-days’ notice. ILECs will be subject to fewer cost-support filing requirements, but are still subject to such duties not tied to nondominant status for interstate switched access service, the order said. They are also still subject to a 2011 order driving intercarrier-compensation rates to zero.

The FCC list of entities qualified to bid in the forward portion of the incentive auction contains all the companies expected to provide major bidding muscle but omits two expected new entrants, Sinclair and Social Capital Rama Spectrum Holdings, according to a Friday public notice (see 1607110052). With AT&T, Comcast, Dish Network, T-Mobile and Verizon in the list of 62 qualified bidders, the companies that didn't qualify aren't expected to have much of an effect on the auction, a broadcast attorney told us. Social Capital, a boutique investment firm owned by Chamath Palihapitiya, signaled an interest in buying spectrum, as did Sinclair, but because of the amount of money involved, their lack of participation isn't expected to be a major factor in the auction's success, an attorney who follows the auction told us. Bidders who aren't on the qualified list can't participate in the forward auction or any of its subsequent stages, an FCC spokesman told us. Becoming a qualified bidder required a timely submitted upfront payment, and those on the unqualified list likely chose not to make that payment, attorneys told us. The forward auction bidding system will be available to bidders starting Tuesday, and a clock phase practice auction will be July 25-July 29. A mock forward auction will be Aug.11-Aug. 12, the PN said. The real forward auction will begin Aug. 16 with a single round. “We will set the pace of the auction based upon monitoring of the bidding and assessment of the auction’s progress,” the PN said.

Leading tech industry and ex-FCC and other officials blasted the presidential bid from presumptive GOP nominee Donald Trump. “We stand against Donald Trump’s divisive candidacy and want a candidate who embraces the ideals that built America’s technology industry: freedom of expression, openness to newcomers, equality of opportunity, public investments in research and infrastructure, and respect for the rule of law,” said the open letter, released Thursday. “We embrace an optimistic vision for a more inclusive country, where American innovation continues to fuel opportunity, prosperity and leadership.” Those signing included Hyperloop One General Counsel Marvin Ammori, Union Square Ventures Managing Partner Brad Burnham, Google’s Vint Cerf, former U.S. Chief Technology Officer Aneesh Chopra, former FCC Chairman Reed Hundt, Tumblr CEO David Karp, Multicultural Media, Telecom & Internet Council CEO Kim Keenan, former FCC Chairman Bill Kennard, National Hispanic Media Coalition President Alex Nogales, Mobile Future Chairman Jonathan Spalter, Silicon Flatirons Center Director Phil Weiser, Apple co-founder Steve Wozniak and Tim Wu, law professor at Columbia University. Trump “campaigns on anger, bigotry, fear of new ideas and new people, and a fundamental belief that America is weak and in decline,” they wrote. “We have listened to Donald Trump over the past year and we have concluded: Trump would be a disaster for innovation. His vision stands against the open exchange of ideas, free movement of people, and productive engagement with the outside world that is critical to our economy  --  and that provide the foundation for innovation and growth.” They said Trump “proposes ‘shutting down’ parts of the Internet as a security strategy  --  demonstrating both poor judgment and ignorance about how technology works. His penchant to censor extends to revoking press credentials and threatening to punish media platforms that criticize him.”

Americans should have confidence in the NSA, Director and U.S. Cyber Commander Michael Rogers said Thursday at the National Press Club. “The nation is counting on us to generate the insights,” said Rogers. “So we’ve got to ask ourselves, how do you do that in a world in which resources are declining and … the technical challenges … are just getting more and more complex?” NSA professionals “believe in their missions, they believe in doing the right thing the right way and they are committed to doing it within a legal framework,” he said. “We always obey the rule of law. If we make a mistake, we acknowledge that mistake and we own it. We don’t take shortcuts.” Seeking better dialog between the government and technology companies, Rogers supported a model in which cyber professionals can move back and forth between the public and private sectors. “The two cultures at times talk past each other,” he said. Some in the government think the private sector is interested only in money, but Rogers said both sectors fight for something bigger than themselves. “If you’re out in the Valley, your view is that you’re harnessing the power of technology to change the world for the better,” he said. Better dialogue could crack how to deal with encryption, which Rogers said can be used for good and evil. “Encryption is a positive thing,” he stressed. “I don’t know what the answer is,” but there should be a conversation about what’s possible, he said. Neither a company nor an intelligence agency should decide alone, but rather there should be “a broader dialogue as a society about what are we comfortable with here and what makes sense for us.” Rogers said the U.S. Cyber Command is halfway through building “a dedicated cyber-mission force,” which will be a 6,200-person army of cyber professionals divided into 133 specialized teams. The mission force will reach initial operating capabilities by Sept. 30, and is expected to be fully operational by the same day in 2018, he said. The nature of cyber required that phased approach, he said. “Because demand at the moment exceeds capacity, this is the one mission set that I’ve been involved in as a military professional for 35 years [where] we’re not even waiting until the team is fully constructed. As soon as we get a cadre, we’re putting teams on targets.”

FCC Chairman Tom Wheeler said he's “very happy” with the “broad participation” in the set-top box proceeding. “Ongoing dialogue” wasn’t occurring previously because the pay-TV industry had met such overtures with a “stiff arm,” Wheeler said Thursday after a commissioners' meeting. The sides are trying to find where they “have accord,” Wheeler said. In an emailed statement Thursday, the Consumer Video Choice Coalition praised Wheeler’s comments: “The Chairman made clear that those proclaiming a specific proposal was alive or dead were misguided, noting that all proceedings before the FCC contain the same degree of healthy back-and-forth.” Smaller pay-TV carriers shouldn’t be included in FCC set-top rules, even the pay-TV backed app proposal, the American Cable Association said in a meeting with aides to Chairman Tom Wheeler and Chief Technologist Scott Jordan last week. The requirements of the app proposal would be too financially burdensome for smaller cable carriers, ACA said. In a conference call with Jordan and aides to Wheeler this week, NCTA discussed HTML5 and how the app proposal wouldn't include an additional fee for consumers. Wednesday, Verizon emailed a blog post (see 1607120079) supporting the apps proposal to aides to all five commissioners and to Media Bureau Chief Bill Lake. The filings are in docket 16-42.

The future of Globalstar's broadband terrestrial low-power broadband system plans remains hazy, with Commissioners Mike O'Rielly and Mignon Clyburn still not having decided on the draft order circulated by Chairman Tom Wheeler. "As soon as I come to a conclusion, we'll see how it goes," O'Rielly said Thursday at the agency's meeting. An FCC official told us Clyburn hasn't voted. Commissioners Ajit Pai and Jessica Rosenworcel had voted no (see 1606030041). Globalstar didn't comment.