FCC Releases Digital Discrimination, Other Drafts, for Busy Nov. 15 Meeting

The FCC released drafts Wednesday on items it will address at the commissioners' Nov. 15 open meeting, headlined by digital discrimination rules and an order on providing survivors of domestic violence with safe and affordable access to communications. Other items on the agenda include the adoption of digital discrimination rules, the use of AI in fighting robocalls, SIM swap and port-out fraud and amateur radio changes. Commissioners will also consider a declaratory ruling and memorandum opinion in response to a 2022 petition by Minnesota Independent Equal Access Corp. (MIEAC) seeking relief from dominant carrier regulation of its interstate switched access service.

As mandated, the FCC will consider rules aimed at curbing digital discrimination (see 2310240008). A draft order would define digital discrimination in a manner that includes a disparate treatment and disparate impact standard, per a fact sheet. It would also revise the commission's informal consumer complaint process. An accompanied draft Further NPRM would seek comment on a proposal to require that providers submit "an annual, publicly available supplement" to the broadband data collection regarding "all major deployment, upgrade, and maintenance projects completed or substantially completed in the preceding calendar year."

Commissioners will also consider an order implementing the Safe Connections Act to ensure survivors of domestic violence have access to safe and affordable communications services (see 2310230044). "These measures will help survivors whose devices and associated telephone numbers are shared with abusers and who can face difficulties separating lines from such plans and maintaining affordable service," the draft order says.

The AI notice of inquiry is open-ended and asks about “what next steps, if any, the Commission should consider” to advance its inquiry. Among the areas it asks about are “whether, and if so how, the Commission should define AI technologies for purposes of the inquiry,” how AI could affect consumers, “including any potential benefits and risks,” and how the technologies “may alter the functioning of the existing regulatory framework.” Chairwoman Jessica Rosenworcel unveiled the proposed AI NOI Monday (see 2310230049).

“In the spirit of our longstanding efforts to protect consumers from unwanted robocalls, this NOI represents an opportunity to gather information and prepare for changes in calling and texting practices that may result from new AI-influenced technologies,” the draft says. “As AI technologies that can generate content become increasingly prevalent, they have the potential to perform tasks that would ordinarily require human participation. These include interactive communications by voice calls and texts with consumers that can be beneficial.”

The new technologies also “pose new privacy and safety challenges,” the draft says. The NOI is relatively short at 12 pages.

The draft SIM swap order proposes to “set baseline requirements that establish a uniform framework” across the wireless industry, “giving wireless providers the flexibility to deliver the most advanced and appropriate fraud protection measures available while not impinging on customers’ ability to upgrade and replace their devices or choose their preferred wireless provider.” An FNPRM seeks comment on whether to harmonize requirements governing customer proprietary network information with the revised rules.

“We adopt measures designed to address two fraudulent practices bad actors use to take control of consumers’ cell phone accounts and wreak havoc on people’s financial and digital lives without ever gaining physical control of a consumer’s phone,” the draft SIM swap order says: “In doing so, we balance the important objectives of protecting consumers from harmful fraudulent conduct while at the same time not impinging on customers’ ability to upgrade and replace their devices or choose their preferred wireless provider.”

Saying declining demand, exchange access service regulatory reforms and voice services marketplace technology changes make dominant carrier regulation of MIEAC’s centralized equal access (CEA) service unnecessary, the commission said the draft ruling and opinion would relieve it from having to comply with dominant carrier regulations. Instead it would be subject to nondominant carrier regulations for its CEA service, the agency said. In its forbearance petition, MIEAC said that dominant carrier regulation of its CEA services was no longer needed for consumer protection because the carrier "is unable to raise prices above competitive levels, particularly in light of the reduced market demand for MIEAC’s CEA services."

Rounding out the agenda is an order addressing amateur radio operators’ long-standing request that the agency address limits on the baud rate for amateur communications (see 1907160016). “Today, we remove this outdated restriction to allow the amateur radio community to operate more efficiently, including in support of emergency situations when appropriate,” says the amateur radio item: “In place of the baud rate, we set a bandwidth limitation of 2.8 KHz in these amateur bands, consistent with our treatment of other wireless radio services, which also have service-specific bandwidth limitations.” The changes should provide amateurs “the flexibility to use modern digital emissions … better fulfilling the purposes of the amateur service to promote innovation and experimentation.”

The order covers numerous bands as proposed in a 2016 NPRM (see 1607280051). An FNPRM looks at removing the baud rate limit in the 2200 meter and 630 meter bands, as well as in the VHF and UHF bands.