Federal Communications Commission (FCC)

Eugene, Ore., Mayor Lucy Vinis (D) and Springfield, Ore., Mayor Sean VanGordon (R) and other city officials spoke with staff for FCC Chairwoman Jessica Rosenworcel about RF safety and other issues. “Local governments often face questions and requests for action” on RF “from their residents, and given that the Communications Act assigns primary responsibility in this area to the Commission, we believe the Commission should shoulder more of the burden of explaining its rules to the public and also informing the public they should look to the Commission and Congress if they are unhappy with the Commission’s rules or with federal preemption of local authority to regulate RF emissions,” said a filing posted Wednesday in docket 19-226. They also discussed the FCC’s affordable connectivity program and “expressed concern about the program’s forthcoming funding cliff,” the filing said.

Minnesota lawmakers weighed bills Tuesday to release more cash for broadband and create a tax exemption for fiber broadband. In Florida, electric cooperatives raised concerns a bill to apply pole attachment rules to co-ops would make it harder for them to bring broadband to hard-to-serve areas.

Uncertainty about the prospects for congressional leaders to break a Senate impasse on the length of a new short-term extension of the FCC’s spectrum auction authority led lawmakers and industry officials to renew warnings, during a Tuesday Incompas event and in interviews, about the potential consequences if Capitol Hill allows the commission’s current mandate to expire as scheduled Thursday. Senators have been grappling with whether to accept a House-passed bill that would renew the FCC’s remit through May 19 (HR-1108) to give lawmakers more time to negotiate a broader spectrum legislative package (see 2302240066). Senate Majority Leader Chuck Schumer, D-N.Y., implied Monday there wasn’t a deal then (see 2303060071).

Section 25.112(a)(3) is squarely in the sights of the satellite industry and allies, with numerous calls for its elimination Monday in docket 22-411. Multiple commenters opposed dismissing applications that contain curable errors or omissions. The satellite licensing streamlining NPRM was adopted 4-0 in December (see 2212210054).

The FCC will move to the fourth and final phase of its COVID-19 reentry plan March 13, described as a return to pre-pandemic operations, said an agency-wide email memo obtained by Communications Daily. Stricter telework provisions won’t take effect until May 15. Former and current FCC employees expect a wave of staff departures once the FCC returns more fully to in-person work, though they said the extent won’t be clear for some time. Another potential concern is whether the new FCC headquarters will be able to handle all the virtual meetings being conducted each week. The move is “consistent with recent movement by other federal agencies to complete their reentry process,” the memo said.

The end seems nigh for affordable connectivity program (ACP) funding, with dicey odds of Congress acting before its money runs out in early 2024, speakers said Wednesday at ACA Connects' 2023 Washington summit. Small cable operator participation in the broadband equity, access and deployment (BEAD) program will depend on the rules governing it, they said.

Senate Communications Subcommittee ranking member John Thune, R-S.D., labeled FCC nominee Gigi Sohn Wednesday as potentially “the poster child for terrible presidential nominees,” citing what he considers deficiencies in her “character and fitness” for serving on the commission and her record as “a virulent and unapologetic partisan.” Public Knowledge and others sought to tie News Corp. to what they view as a smear campaign against Sohn. They cited News Corp. Executive Chairman Rupert Murdoch’s acknowledgment in a recently released court deposition that several Fox News hosts spread disinformation about voter fraud after the 2020 presidential election.

Commenting on proposed FCC data breach rules (see 2302230038), groups representing the deaf and hard of hearing urged a focus on telecommunications relay service providers. “Overall, rules concerning TRS should account for the unique privacy concerns faced by TRS users, including the possibility that call transcripts could be accessed in a data breach,” the advocates said: “These rules should not include harm-based trigger notification requirements and should not treat cost as a barrier to implementation.” The filing was signed by Telecommunications for the Deaf and Hard of Hearing, Hearing Loss Association of America, National Association of the Deaf and the Rehabilitation Engineering Research Center on Technology for the Deaf and Hard of Hearing at Gallaudet University. TRS provider Sorenson Communications said it and other providers should have to report “inadvertent disclosures” of customer proprietary network information. But the FCC should recognize “the legitimate dangers of over-reporting,” Sorenson said: “Many inadvertent ‘breaches’ pose no serious risk to consumers, such as when an employee of a TRS provider inadvertently receives access to CPNI but does not misuse the information. Requiring providers to report such de minimis ‘breaches’ -- essentially false positives -- would serve no helpful purpose.” Provider Hamilton Relay said the commission should keep in mind “how TRS providers are different from common carriers with regard to the services they provide and the information they collect from their customers.” The FCC should also consider “how its proposed rules will align, or potentially conflict, with existing state and federal privacy regimes,” Hamilton said. Comments were posted last week in docket 22-21.

The FCC released the drafts of items scheduled for votes at the commissioners' March 16 open meeting, headlined by new rules for robotexts and a draft NPRM that would create a supplemental coverage from space (SCS) FCC authorization that would let satellite operators use flexible-use spectrum allocated to terrestrial services. Chairwoman Jessica Rosenworcel also proposed rules designed to strengthen Stir/Shaken aimed at blocking more robocalls. The agenda is the biggest for an FCC meeting in many months (see 2302060035).

CTIA warned the FCC its ability to regulate data breaches of information beyond customer proprietary network information (CPNI) is constrained by law. Other provider groups' filings posted Thursday struck a similar tone. But the Electronic Privacy Information Center said it's time for the FCC to get tough.