TechFreedom urged the FCC not to use an “obscure provision” on digital discrimination, buried deep in the “enormous” Infrastructure Investment and Jobs Act, to “smuggle onerous common-carrier regulations” onto the internet. TechFreedom’s position was detailed as part of an amicus brief Tuesday (docket 24-1179) in the 8th U.S. Circuit Court of Appeals.
Country of origin cases
The White House didn’t pressure social media platform executives to censor COVID-19-related content, former Biden officials told House Judiciary Committee members Wednesday. Chairman Jim Jordan, R-Ohio, and Republicans said the officials' pressure violated the First Amendment. The lawmakers cited numerous examples of tech company employees describing “pressure” from the administration.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., said Wednesday she's talking to a range of lawmakers seeking potential changes to an amended version of her draft Spectrum and National Security Act after the panel pulled Cantwell’s bill and 12 others from a planned Wednesday markup session Tuesday night (see 2404300072). The potential for the spectrum bill to make it into the bipartisan 2024 FAA Reauthorization Act “got precluded weeks ago,” Cantwell told reporters. The Senate voted 89-10 to invoke cloture on the motion to proceed to the FAA bill as a substitute for Securing Growth and Robust Leadership in American Aviation Act (HR-3935). Lawmakers are still eyeing other vehicles for allocating stopgap money to keep the FCC’s ailing affordable connectivity program running through the remainder of the year. Those proposals include a bid from Sen. J.D. Vance, R-Ohio, that would attach an amendment to the FAA package appropriating ACP $7 billion (see 2405010055).
China-based Hikvision USA answered FCC questions on its proposed plan for compliance with agency rules (see 2308070047) and requested confidential treatment on information filed. The filing notes that Hikvision equipment is sold in the U.S. through distributors and original equipment manufacturers and provides data on its marketing. The data was redacted from the filing, posted Tuesday in docket 21-352.
Rather than the FCC requiring reviews for each mission undertaken on an in-space servicing, assembly and manufacturing mission, numerous ISAM interests are pushing the agency to consider a blanket license approach. In docket 22-271 comments this week, numerous parties also questioned the FCC's authority over ISAM and whether it's drifting far from its spectrum oversight role. Commissioners, on a 5-0 vote, approved an ISAM licensing NPRM in February (see 2402150053).
The Senate Communications Subcommittee has plans for following up the Commerce Committee’s Wednesday markup of the draft Spectrum and National Security Act (see 2404250061) with a Thursday hearing eyeing the future of federal affordable broadband programs. Meanwhile, Senate Commerce Chair Maria Cantwell, D-Wash., released a revised version of her draft spectrum bill Friday night as a substitute amendment that increases funding it would loan the FCC to keep the affordable broadband program running through the end of FY 2024. The new bill offers $7 billion, up $2 billion from the original proposal. That puts Cantwell’s legislation in line with the ACP Extension Act (HR-6929/S-3565), which also proposes $7 billion in stopgap funding. Cantwell’s revised spectrum bill also includes language from the Improving Minority Participation and Careers in Telecommunications Act to create an NTIA program to distribute money to historically Black, tribal and minority-serving colleges and universities to develop telecom sector job training (see 2108020061). Cantwell's bill proposes loaning NTIA $200 million for the program. Senate Communications’ Thursday hearing will include testimony from New Street’s Blair Levin and Kathryn de Wit, director-Pew Charitable Trusts broadband access initiative. Also set to testify: Economic Policy Innovation Center CEO Paul Winfree and New Mexico Office of Broadband Access and Expansion’s Jennifer Case Nevarez. The hearing will begin at 10 a.m. in 253 Russell.
Industry groups largely questioned the wisdom of using the voluntary cyber mark program for IoT devices, approved in March, to further clamp down on international security threats. But the proposals also received some support from the Internet Protocol Video Market (IPVM) and Whirlpool. FCC commissioners approved 5-0 a Further NPRM, along with the implementing order, asking about software and hardware from countries of national security concern and whether data from U.S. citizens will be stored abroad (see 2403140034). Comments were posted Thursday in docket 23-239.
The FCC Public Safety Bureau issued an order granting a two-week extension request from Public Knowledge and several other groups for comment deadlines for responses to the agency’s outage reporting Further NPRM (see 2404170053). Comments on the item are now due May 13, replies June 12. The groups requested the extension because of the proximity of the original April 29 deadline to the agency’s net neutrality vote Thursday and the Passover holiday. “We conclude that the totality of the circumstances warrants a limited 14-day extension of the comment and reply deadlines to facilitate the development of a comprehensive record in this proceeding,” said the order.
Forcing ByteDance to divest TikTok is the right move and will withstand legal challenges, Senate Democrats and Republicans told us Tuesday as the chamber cleared the first procedural hurdle in approving the provision in the FY 2024 national security appropriations supplemental package (see 2404220049 and 2404190042).
Congress should eliminate the FCC’s data breach notification authority and instead allow the FTC to regulate through a federal privacy law, a privacy-focused telecom association told House Commerce Committee members Wednesday (see 2404160034).