The FCC rejected a request by the Diogenes Telecommunications Project (DTP) that it reopen an investigation of AT&T for alleged misconduct in providing Telecommunications Relay Service (TRS). The project lacks standing, the FCC said in a Wednesday order (http://fcc.us/S9ho5h). In May 2013, AT&T agreed to pay $18.25 million to settle an FCC investigation into improper billing to the TRS fund and to adopt compliance measures (http://bit.ly/109q7Fk). The application for review by DTP “does not allege any direct or personal injury to DTP as an organization or to any of its members,” the FCC said. “It offers only a generalized and purely hypothetical injury.” DTP only “speculates that there might possibly be some injury to one of its members,” the FCC said.

Phone surveillance is still legally fine for now, the U.S. District Court for Idaho ruled without enthusiasm Tuesday in Anna Smith v. Barack Obama. The eight-page ruling is bound to the legal reasoning of the 1979 Smith v. Maryland Supreme Court case, which has been used to uphold the government’s bulk collection of phone metadata, it said. But differences have emerged since that case, the court ruling argued. The National Security Agency collection “goes beyond the telephone numbers that Smith dials, and reaches into her personal information,” the court said, also pointing to location information as particularly revealing. Thus the Supreme Court should reconsider Smith v. Maryland, the court said.

GTL met with FCC Commissioner Mignon Clyburn to discuss prison calling items and how to avoid a legal challenge after the inmate calling services (ICS) proceeding now before the agency. The meeting’s “primary purpose” was “to determine whether the interests of the Commission, FCC Staff, ICS stakeholders, and ICS providers can be aligned to bring about an efficient, national solution,” said the provider of calling services to correction facilities in an ex parte filing posted Monday in docket 12-375 (http://bit.ly/1kzUnEh). Among those attending the meeting for GTL were CEO Brian Oliver and General Counsel David Silverman. Executives discussed “jurisdictional issues” with Clyburn and staff as well as the need for a transition period and how “competitive market forces are the most effective and efficient means for achieving just and reasonable rates,” said the company. Interim interstate prison calling rates took effect in February. As acting FCC chairwoman last year, Clyburn considered reducing prison calling rates a top priority (CD Nov 4/13 p1).

There’s a “pressing need” for the FCC to quickly clarify the Communications Act Section 214(a) process, Public Knowledge told agency officials including General Counsel Jon Sallet Tuesday, said an ex parte filing in docket 13-5 (http://bit.ly/1kueofw). The traditional 214(a) process “is simply not suited to the situation where a carrier wishes to discontinue an existing service still in high demand in the service territory and replace it with another service,” PK said. The commission must make clear what is necessary to meet the “impairment” standard -- that is, what is required so replacement of TDM with a new service doesn’t “reduce” or “impair” service, PK said.

The FCC Wireline Bureau reversed 11 E-rate decisions by the Universal Service Administrative Co., it said in an order Thursday (http://fcc.us/1wu8jEv). USAC had found petitioners didn’t get an extension of deadlines for service implementation, but in each case, “petitioners were unable to complete implementation on time for reasons beyond the service providers’ control, one of the criteria required by the rule for an extension of services implementation,” the bureau said in the order. “Petitioners made significant efforts to secure the necessary extensions,” it said, noting no evidence of waste, fraud or abuse.

Comptel’s “so-called ‘managerial framework'” for copper retirement and IP interconnection would stand in the way of the “market-led progression to IP interconnection voice traffic” and would “prejudge” the FCC special access proceeding, Verizon told the agency in a filing posted Wednesday to docket 13-5 (http://bit.ly/1rhGGyj). Comptel’s framework (CD April 3 p18) would “harm consumers and impede the transition to IP-based networks,” Verizon said. Comptel’s “radical” request that the FCC suspend its copper retirement rules would reverse “long-settled policies” that have encouraged facilities-based broadband investment and competition, Verizon said. The telco is “at the forefront” of IP VoIP interconnection agreements, and “the only thing standing in the way” of such agreements is certain providers’ “unwillingness” to pursue arrangements on “commercially reasonable terms,” Verizon said. “The Commission should reject Comptel’s continuing unsupported and unsupportable claims, and it should let its proceedings follow their normal course in order to reach data-driven decisions that encourage investment in next generation IP-based broadband networks."

Smith Bagley asked the FCC for a waiver of its final Lifeline biennial audit plan, which requires an independent auditor to randomly select one month during the audio period and three states or territories where the eligible telecom carrier (ETC) is designated. “SBI is the only Lifeline ETC that operates in exactly three states, and as a result, would be the only multi-state operator to be required to have 100 percent of its operations audited,” the ETC said in a filing posted Thursday in WC docket 11-42 (http://bit.ly/RdB6ML). “The underlying purpose of the rule -- namely, to review a sample of a Lifeline ETC’s operations -- does not require an audit of 100 percent of SBI’s operations across three states in order to accomplish that purpose.”

Offering free peering to content providers is a “win-win-win situation,” said Google Fiber Director-Network Engineering Jeffrey Burgan in a blog post Wednesday (http://bit.ly/1jH3aEP). Giving companies like Netflix and Akamai free access to space and power in Google’s facilities lets providers “deliver really high-quality streaming video to their customers,” Burgan said. It lets Google save money -- “it’s easier to transport video traffic from a local server than it is to transport it thousands of miles.” And it’s good for Google Fiber customers, who get “the fastest, most direct route” to content. Offering free peering arrangements helps user-requested video to steer clear of potential congestion elsewhere in the network, Burgan said. “Since people usually only stream one video at a time, video traffic doesn’t bog down or change the way we manage our network in any meaningful way -- so why not help enable it?"

"Significant gaps” exist in the rural call completion record, and there should be a 90-day “moratorium” in the Paperwork Reduction Act (PRA) application process, the Voice Communication Exchange Committee told the FCC Thursday. The FCC’s plan to use a data collection as a means of discovering further call completion problems will have “no practical utility” in addressing the root causes of the call completion issues, VCXC said in a filing in WC docket 13-39. “An industry wide ‘everyone presumed guilty’ data collection represents an extremely inefficient means of triggering enforcement actions,” VCXC said. “In the unlikely event problems arise with even 1 percent of total calls, 99 percent of the data collection burden represents a waste of resources the PRA approval process exists to prevent.” The FCC “failure to properly prepare” during the 40 months of investigations leading up to its rural call completion report “puts the application at risk and makes any outcome vulnerable to litigation and further delays,” VCXC said. A 90-day moratorium would let the FCC determine whether its PRA application can pass, and the agency might also convene industry meetings to discuss the issue, VCXC founder Daniel Berninger told us. The root cause of the call completion problems is the IP transition itself, Berninger said: “Chaos in the network” combined with “bad guys lurking out there, finding ways to collect money without delivering a service.” The problem is “a symptom of the chaos that ensues when you try to transition a network from TDM to all IP,” he said. Submitting the call completion data collection proposal to the Office of Management and Budget for PRA approval, only to have it be rejected, would be “a bigger setback than if we pause and assess the application before submitting it,” Berninger said. A data collection won’t fix anything, he said; it will just look for more problems. A better solution is for the FCC to “set up a process of anonymous whistleblowers” to find the bad actors, Berninger said.

The FCC plans another inmate calling workshop, it said in a public notice Wednesday. Scheduled for July 9, it will “analyze the impact of the reforms and gather information to inform additional reforms of inmate calling services,” it said (http://bit.ly/1nr1eON). “Topics for the workshop will include state reforms of ICS, the cost characteristics of the provision of ICS in different correctional facilities, the regulation of ancillary charges, and non-traditional communications technologies used in correctional settings.” The agency revamped its prison calling rules last year, instituting strict limits on per-minute charges for interstate calls. The U.S. Court of Appeals for the D.C. Circuit has stayed much of the prison calling order (CD Jan 14 p3).