FCC Commissioner Brendan Carr criticized the agency's draft NPRM renewing efforts to reestablish net neutrality rules, during a call Tuesday with reporters (see 2310130051). FCC commissioners are set to vote on the NPRM during their open meeting Thursday. Title II classification of broadband "is very different than net neutrality rules" because it "has a host of sweeping regulations that are really all about control," Carr said. The "absence of action by Congress on any issue is not itself vesting of authority for the agency to do something that it doesn't have the authority to do," he said. Consumer advocates disagreed, in a separate call with reporters Tuesday. "At the end of the day, what this proceeding is about is protecting American consumers and ensuring broadband providers don't rip us off, don't discriminate against us, and that they provide reliable connections," said Free Press co-CEO Jessica Gonzalez. "We deserve better than empty promises from ISPs" and "real accountability," Gonzalez said. The FCC could use Title II authority to more effectively study broadband competition, said Public Knowledge CEO Chris Lewis. Consumers "have a right to know" the marketplace has "been given the quality oversight that it needs and that they are not paying higher prices for substandard service," Lewis said. Title II also "gives the FCC the power to close any competitive loopholes," he said.

The Rural Wireless Association and AT&T apparently are coordinating "a desperate, 11th-hour campaign" to stop SpaceX from testing its mobile supplemental coverage from space payload with "baseless procedural claims while offering no substantive reason" for denying its pending special temporary authority application, SpaceX said Monday in docket 23-135. The companies' arguments (see 2310100055, 2310130038) that SpaceX's STA application should have to go through the FCC Office of Engineering and Technology ignore that the Space Bureau in consultation with the Wireless Bureau can clearly grant it under agency rules. SpaceX also rejected claims its STA application requires numerous waivers. RWA General Counsel Carri Bennet emailed that while the FCC's SCS rulemaking is pending, there are legitimate concerns about adjacent channel interference and experimental authorizations allow for testing in a real-world environment. "SpaceX’s desire to plow through and obtain Special Temporary Authority so that it can begin commercial operations to customers prior to the completion of the FCC’s rulemaking and analysis raises a huge red flag," she said. "SpaceX needs to cool its rockets and let the rulemaking run its course and, in the interim, utilize the experimental authorization process for testing the validity of its claims."

The FCC Public Safety Bureau and the Cybersecurity and Infrastructure Security Agency scheduled a public roundtable on emergency alert cybersecurity Oct. 30, said a release and public notice Monday. “It is critical that these essential systems function in emergencies and that the public can trust the warnings they receive,” said FCC Chairwoman Jessica Rosenworcel in the release, which connected the event to the agency’s recent proceedings on improving emergency alerts. The roundtable will “build upon the record” of information gathered under the agency’s recent proceeding on emergency alert cyberattacks. The roundtable will include public and private sector representatives and include discussion of cybersecurity improvements in the alerting sphere, risk management frameworks, and incident reporting, the public notice said. “A more detailed agenda will be announced by subsequent Public Notice,” said the PN.

Charter Communications doesn't need more or better disclosures in advertising its Spectrum Mobile "Speed Boost" feature, the Better Business Bureau's National Advertising Division said Friday. AT&T challenged the Spectrum Mobile ad language as misleading.

DOD's fretting about GPS interference from Ligado was a ruse to hide that the agency had undisclosed systems using or depending on Ligado spectrum, while not compensating the company for that use, Ligado said Thursday in a complaint filed with U.S. Court of Federal Claims. Named as defendants were the U.S., DOD, Commerce Department and NTIA. Commerce and Defense didn't comment Friday. Calling it "the largest uncompensated taking of private property by our nation’s government in modern times," Ligado said in the 69-page complaint its spectrum rights had an assessed value of $39 billion -- "all of which value has been destroyed by the United States’ unconstitutional taking of Ligado’s property." The litigation doesn't specify what the supposed systems are and indicates they could involve transmitters, receivers or both. Ligado said DOD has indicated it needs exclusive, permanent use of the company's spectrum authorized for wireless terrestrial 5G services. That Defense use "has prevented, and will continue to prevent, Ligado from using its duly and exclusively licensed spectrum for terrestrial services," Ligado said. It alleged uncompensated physical, categorical, regulatory and legislative takings. "If left unchecked, such uncompensated and unfettered appropriation of a company’s FCC license by other government agencies will detrimentally undermine the authority of the FCC to exclusively regulate commercial spectrum, cast doubt on the finality of FCC decision-making and regulatory processes, and create a dangerous precedent of governmental seizure of private property," it said. In its suit, Ligado cites an unnamed DOD whistleblower who allegedly shared internal emails and conversations, plus the company's own talks with current and former government officials. The whistleblower and those talks "lay bare how [Defense and Commerce] fabricated arguments, misled Congress in testimony supporting anti-Ligado legislation, and orchestrated a public smear campaign, which included repeating those false claims to the public and threatening Ligado’s business partners with canceling their own government contracts if they worked with Ligado," the company said.

Internet service costs in the U.S. in September were up 5% year over year, and residential phone service costs rose 5.1%, according to the Bureau of Labor Statistics consumer price index unadjusted data released Thursday. Cable, satellite and livestreaming TV service costs were up 6.6%. Wireless phone service costs were down 0.7% year over year. Smartphones prices dropped 15.4%, and computers, peripherals and smart home assistants fell 5.2%, it said. September prices overall were up 3.7% year over year before seasonal adjustment, BLS said.

The FCC’s Wireline Bureau granted “several” participants in the Secure and Trusted Communications Networks Reimbursement Program six-month extensions of their mandate to remove and replace Huawei and ZTE equipment from their networks, amid Congress’ failure to appropriate an additional $3.08 billion needed to fully satisfy participants’ approved costs, Chairwoman Jessica Rosenworcel said in letters to Capitol Hill leaders released Thursday. The 2020 Secure and Trusted Communications Networks Act mandates participants rip and replace suspect equipment within one year of receiving a first tranche of reimbursement money. Rosenworcel and others repeatedly prodded lawmakers this year to supplement Congress’ initial $1.9 billion funding for the program, warning the FCC would otherwise have to prorate reimbursements. Rosenworcel addressed the issue during a September Senate Appropriations Financial Services Subcommittee hearing (see 2309190075). Wireline granted some participants the extensions after “finding that the lack of full funding had slowed their removal, replacement, and disposal processes,” Rosenworcel wrote Senate Commerce Committee Chair Maria Cantwell, D-Wash.; Senate Appropriations Financial Services Chairman Chris Van Hollen, D-Md.; House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash.; and others. “It is important to note, however, that the grant of these extensions does not lessen the urgency for a fully funded Reimbursement Program. Indeed, the lack of full funding means that insecure equipment will remain in our Nation’s communications networks for a longer period.”

FCC Chairwoman Jessica Rosenworcel and Commissioner Brendan Carr released opposing fact sheets on the net neutrality NPRM set for a commissioner vote Oct. 19 (see 2309280084). “Open internet protections have long had widespread -- upwards of 80% -- support from the American people who have come to expect that they will be able to access all lawful content on the internet uninhibited by their broadband service provider’s business decisions,” Rosenworcel said: “Across administrations from 2005 to 2018, it was the clear policy of the FCC to enforce open internet standards.” Rosenworcel said the rules would reinforce the values of openness, free speech, fair service standards and privacy and help protect against robocalls and robotexts. The FCC would “establish a uniform national standard for internet openness rather than a patchwork of state-by-state approaches,” she said. Carr questioned the need to impose Title II regulations on the internet. “Title II is not net neutrality,” Carr said: “Title II imposes a host of sweeping, utility-style controls on the Internet that have nothing to do with net neutrality rules like no blocking or throttling. The federal government has many options for codifying net neutrality rules without Title II. Far from requiring neutrality, Title II lets the government decide what Internet conduct is reasonable.” Carr questioned whether proposed rules would bolster national security or help law enforcement.

The FTC proposed new rules for junk fees Wednesday in an effort to "eliminate these unfair and deceptive charges," said a news release. The agency would ban companies from advertising prices that "hide or leave out mandatory fees." Companies would also be banned from misrepresenting fees known as bogus fees. "By hiding the total price, these junk fees make it harder for consumers to shop for the best product or service and [they] punish businesses who are honest upfront," said Chair Lina Khan: "The FTC’s proposed rule to ban junk fees will save people money and time, and make our markets more fair and competitive.” The agency said the proposed rule would save consumers "more than 50 million hours per year" on "searching for the total price in live-ticketing and short-term lodging alone." The agency wants comments 60 days after Federal Register publication. At the FCC, Chairwoman Jessica Rosenworcel noted the commission's broadband consumer labels will "increase price transparency and reduce cost confusion." Consumers "deserve to know exactly what they are paying for when they sign up for communications services," Rosenworcel said. The U.S. Chamber of Commerce criticized the proposed rule. “Every minute of every day, Americans engage in close to 400,000 transactions, buying and selling goods and services," said Chief Policy Officer Neil Bradley: "It is baffling that the administration believes it is going to help consumers by regulating how businesses price all of those transactions."

Broadcasters, tech policy groups and press freedom organizations said DOJ should explain a May FBI raid on an independent journalist, in an open letter to Attorney General Merrick Garland last week. DOJ’s lack of transparency about the search and seizure of computers and video equipment from journalist Timothy Burke’s home “leaves journalists unable to discern whether newsgathering activities they previously considered routine might trigger an investigation,” said the letter from Nexstar, Gray Television, Free Press, Tech Freedom, the ACLU, the Electronic Frontier Foundation, the Media Institute, the Center for Democracy and Technology, and others. The warrant affidavit for the raid on Burke’s home is sealed, but it's believed to be connected to Burke’s obtaining and then circulating outtake footage from then-Fox News personality Tucker Carlson’s interview with musician Ye (formerly Kanye West) in 2022. Burke said he obtained the footage by using a demo account to download it from a public website where Fox had uploaded it without encryption. The demo account login came from another public website where the demo account holder had posted login information. The FBI said it raided Burke’s home on suspicion that he violated the Computer Fraud and Abuse Act and wiretapping laws. “It would be extremely problematic -- and unconstitutional -- to criminalize access to publicly available information simply because powerful people would prefer it be kept private,” said the letter. “Prosecuting Burke under the CFAA for obtaining publicly available newsworthy materials implicates the First Amendment.” The government argued Burke isn’t entitled to protections under the DOJ’s policy for searches of news media because he hasn’t recently published under his own byline, doesn’t work for a news organization, and has used other job titles than journalist. “We are deeply concerned by the government’s attempts to minimize the import of the News Media Policy,” the letter said. “We implore the DOJ to release adequate information so that the public can understand the legal basis behind the seizure of Burke’s newsgathering materials and the processes that were followed to avoid undue interference with press freedom.”