About a fifth of federal agencies, including the FCC, have moderate or lower quality spending data, GAO reported Thursday. The Digital Accountability and Transparency (Data) Act (HR-2061) (see 1204260112) requires inspectors general at federal agencies to issue reports on spending data quality. GAO analyzed 51 agencies, 11 of which reported moderate or “lower quality” and 37 “higher quality." The FCC was one of the “lower” scoring agencies, and the FTC scored in the “higher” category.
The Supreme Court Thursday granted Facebook a petition for a writ of certiorari in Facebook v. Duguid, after the company was sued for violating the Telephone Consumer Protection Act (see 1908220030). Facebook seeks clarity on what an autodialer is. Davis Wright attorney Ronnie London expects the FCC to wait for a Supreme Court ruling, not likely before 2021, before deciding whether to issue a rule defining an autodialer. The FCC declined comment.
FCC Commissioner Mike O’Rielly wants to explore the 12 GHz and 7 GHz bands as the commission seeks 500 to 800 MHz of additional spectrum for licensed commercial purposes in the next three to five years, he said on a Thursday webinar by the New York State and New Jersey wireless associations. O’Rielly is talking to manufacturers, providers, academia and others about those two and other bands, he said: “There are also a couple other bands being privately discussed but are not necessarily ready for prime exposure just yet, or maybe they never will be.” He would welcome suggestions about “any magical bands previously not discussed.” Spectrum between 3.1 and 3.55 GHz is at the top of O’Rielly’s list of next bands, he said. “I know the upper 100 [MHz] can be repurposed without much heartburn, and we can work through the second 100 the same way,” he said. The “bulk” of the remaining 250 MHz in the lower part of the band must be shared, he said. O’Rielly earlier this week said NTIA was too conservative in a report that highlighted only the top 100 MHz as a “good candidate” for sharing (see 2007070062). O’Rielly slammed New York and New Jersey state governments for diverting 911 fees for unrelated purposes (see 2004020064). “Your leaders are unwavering in their commitment to steal these vital fees. They can’t be swayed by underfunded call centers or outdated technology. They don’t seem to care they are no longer eligible for certain federal monies.” O’Rielly lashed into New York City Mayor Bill de Blasio (D) for a Tuesday plan to redirect $87 million from the New York Police Department as part of $157 million to add internet options for underserved New Yorkers. About 22 million people in the U.S. “have nothing, and he wants someone to have a fourth or fifth ... broadband provider,” said O’Rielly. De Blasio's office didn’t comment.
Facebook has made “painful decisions over the last nine months” resulting in “real world consequences” and “setbacks for civil rights,” independent auditors said Wednesday in a long-awaited civil rights audit. Former American Civil Liberties Union Director Laura Murphy and civil rights law firm Relman Colfax noted the audit led to “significant” platform improvements. Voter suppression, hate speech and fact-checking were ongoing areas of concern the report highlighted. Auditors called CEO Mark Zuckerberg’s October speech at Georgetown University a setback, saying he voiced support for free expression “even where that has meant allowing harmful and divisive rhetoric that amplifies hate speech and threatens civil rights.” Vice President-Global Affairs and Communications Nick Clegg's September speech also was cited as a setback. He said Facebook “doesn’t subject politicians’ speech to fact-checking, based on the company’s position that it should not ‘prevent a politician’s speech from reaching its audience and being subject to public debate and scrutiny,’” auditors wrote. The report criticized Facebook for not moderating a post from President Donald Trump that Twitter censored (see 2006160059). The platform “has taken harmful steps backward on suppression issues, primarily in its decision to exempt politicians’ speech from fact checking, and its failure to remove viral posts,” the report said. Facebook is making progress but has a long way to go, said Chief Operating Officer Sheryl Sandberg: “Being a platform where everyone can make their voice heard is core to our mission, but that doesn’t mean it’s acceptable for people to spread hate.”
PSSI Global Services faces no imminent or certain harm from the FCC's C-band order in the form of interference or too-little capacity in the band, the Wireless Bureau said in an order Wednesday denying the company's ask for a stay (see 2006190058). It said the U.S. Court of Appeals for the D.C. Circuit's expedited schedule to hear PSSI's challenge to the order will let it handle the challenge long before satellite operators clear the lower portion of the band and wireless broadband providers begin operations there. It said PSSI's alleged injuries are “speculative.” The company didn't comment.
“NTIA has obviously lost its way,” FCC Commissioner Mike O’Rielly said in a statement to us on Monday’s report on the 3.1-3.55 GHz band (see 2007070062). “If the immediate need for additional licensed spectrum weren’t so important for US 5G competitiveness, then maybe NTIA’s report on a critical spectrum band wouldn’t be so unnerving,” he said: “It is a timid and late review of the lower 3 GHz band, which almost everyone recognizes as a critical piece to help fulfill our current spectrum needs.” The C band and citizens broadband radio service band “are wonderful, and I have lead the charge to free up those bands, but 350 megahertz of licensed spectrum is not enough,” O’Rielly said. “The administration has generally done a good job on these issues, and I trust it is taking a much more aggressive approach on spectrum policy,” he said. NTIA has participated in the administration's efforts to ensure the U.S. leads the world in 5G, a spokesperson said, responding to O’Rielly. “We have an extensive track record of working with federal agencies and the FCC to make spectrum available to the private sector so they can deploy these game-changing advanced networks,” the spokesperson said: “NTIA also must ensure that critical, spectrum-dependent national security missions can be maintained. We do not have the luxury of ignoring the U.S. military's need for this vital public resource to keep our country safe.”
Don’t stop states from designating USF eligible telecom carriers, said a proposed resolution by the NARUC Telecom Committee for the state utility regulator association’s June 20-22 virtual meeting. The draft responds to an idea supported by some industry and FCC Commissioner Mike O'Rielly that’s raised state alarm (see 2006300010). It would ask Congress to reject the Expanding Opportunities for Broadband Deployment Act by Rep. G.K. Butterfield, D-N.C., and amend the Accessible, Affordable Internet for All Act (HR-7302) by House Majority Whip James Clyburn, D-S.C., to require providers seeking reimbursement be designated ETCs. Despite “several disparaging remarks” by one FCC commissioner about states’ role, the commission should cooperate with them, acknowledging their “significant role in closing the digital divide and in all Universal Service Fund programs,” said the proposed resolution. A proposed resolution in NARUC's Electricity Committee would support FAA approving beyond visual line of sight waivers for utility drones.
Wireless interests made pitches for requiring 3.7 GHz licensees to make available time division duplexing synchronization with citizens broadband radio service operations in the adjacent band, in docket 18-122 replies posted Tuesday to responses to the petitions for reconsideration of the FCC C-band order. The C-band transition cost catalog is useful only if accurate, and getting additional comment won't delay the move, NCTA said, saying the Wireless Bureau should at least continue to revisit and seek occasional comment on the catalog to ensure the cost amounts stay reasonable. It said the FCC should make clear CBRS operations are entitled to interference protection and new 3.7 GHz licensees need to work with CBRS operators in good faith to prevent and mitigate that interference, including by making TDD available to CBRS operators. The Wireless ISP Association and NTCA also backed requiring flexible use licensees in the C band making TDD synchronization information available to adjacent CBRS band users. Charter said no one disputed the benefit of TDD synchronization, so requiring it would provide certainty. Intelsat said it can't be responsible for interference to earth stations post-transition if rules don't protect against flexible use operations' interference. It urged reconsidering technical specifications for telemetry, tracking and control (TT&C) filters. Recapping meetings with staff for FCC Chairman Ajit Pai and Commissioner Mike O'Rielly, NAB and content companies urged either all integrated receiver/decoder (IRD) equipment costs be allocated as a satellite cost, with satellite operators paying installation costs to MVPDs, or bifurcated, with the equipment costs a satellite operator expense and costs of installation allocated to the MVPD and in the lump sum. They said the average estimated cost of installation of an IRD is $900 when installed by the MVPD or a contractor. In a back-and-forth over Eutelsat's petition, SES filed. If carriers, which ultimately will pay moving costs, don't object to reimbursement criteria, it's hard to see what legitimate grounds those non-C-band users stand on, it said. Eutelsat said the opposition doesn't refute its core argument the move would proceed more smoothly with the FCC being absolutely clear about what are reasonable and necessary reimbursement costs. T-Mobile urged rejecting recon petitions seeking more protections for incumbent earth station users, TT&C/gateway sites and CBRS.
Mozilla and others let pass a July 6 deadline to appeal to the U.S. Supreme Court a lower court's decision to mostly uphold an FCC repeal of its earlier net neutrality order, the company blogged Monday and the U.S. Court of Appeals for the D.C. Circuit docket showed Tuesday. Mozilla petitioned the D.C. Circuit for rehearing on Mozilla vs. FCC, case no. 18-1051 (see 1910010018), which the court turned down in February (see 2002180054). "The D.C. Circuit decision positions the net neutrality movement to continue on many fronts, starting with a defense of California’s strong new law to protect consumers online -- a law that was on hold pending resolution of this case," wrote Mozilla Vice President-Global Policy, Trust and Security Alan Davidson and Chief Legal Officer Amy Keating. They expect other states to follow, and will "look to a future Congress or future FCC to take up the issue." The FCC is "pleased that the opponents of the Restoring Internet Freedom Order have decided not to appeal their loss in the D.C. Circuit," a spokesperson emailed Tuesday.
Industry wants the FCC to remain involved in implementing a Team Telecom executive order updating how DOD, DOJ and the Department of Homeland Security review license applications with foreign ownership ties (see 2004060071), said replies posted through Monday in docket 16-155. That will help resolve questions and "ensure that this process is used to target genuine concerns," CTIA said. CTIA said it's too early to declare mission accomplished before a required memo of understanding. USTelecom wants "sufficient time for parties to provide additional input before the Commission takes action" if the MOU provides additional clarity. NAB wants FCC licensee applicants to direct responses to the national security agencies rather than to the FCC to protect confidentiality on some matters. T-Mobile wants applicants to be able to seek a protective order. Windstream said the EO was "a step in the right direction" but silent on some "nuanced aspects of these review processes." Only in extraordinary circumstances should Team Telecom "unilaterally determine to investigate existing licensee ownership or impose new conditions on licensees whose ownership already has been approved" by the FCC, said Inmarsat.