New York’s affordable broadband law “regulates broadband rates” even though the state lacks authority, former FCC members Ajit Pai (R), Mike O’Rielly (R), Mignon Clyburn (D) and Jonathan Adelstein (D) told a federal court. The 2nd U.S. Circuit Court of Appeals received amicus briefs Wednesday supporting ISP associations that challenged the state law, enjoined by a lower court, that would require $15 monthly plans (see 2202230067). New York’s law “sets a price ceiling for two levels of broadband service … and price caps have been one of the main methods for regulating the rates charged for communications services in the United States,” the ex-commissioners wrote in case 21-1975. It may regulate rates only for New York households, but “this does not transform quintessential rate regulation into something else.” Broadband classification is irrelevant, the ex-commissioners said. “While much ink has been spilled debating whether broadband is an information service” regulated under Title I of the Communications Act or a telecom service under Title II, “that question does not determine the proper resolution of this case. Whatever the answer, broadband remains an interstate communications service, and broadband rates may not be regulated by state governments.” Lawful ways exist for states and the federal government to subsidize broadband for low-income households, the ex-commissioners added. One example is New York Gov. Kathy Hochul’s (D) $1 billion ConnectAll effort, which includes encouraging signups for the federal affordable connectivity program, they said. Others agreed. New York’s law “is not only preempted by federal law but unnecessary and counterproductive,” NCTA said. The Competitive Carriers Association said it “constitutes direct rate regulation of an interstate communications service.” The U.S. Chamber of Commerce, TechFreedom and Digital Progress Institute also urged the court to uphold the injunction by U.S. District Court in Central Islip, New York.

A coalition petitioned the FCC for declaratory ruling Wednesday asking the agency to classify interconnected VoIP as Communications Act Title II services, per a filing. Public Knowledge, the Communications Workers of America, the Center for Rural Strategies, the National Association of State Utility Consumer Advocates, Next Century Cities, the Public Utility Law Project of New York and the Utility Reform Network signed on. "The time has come for the [FCC] to make the classification decision it has put off for over 15 years," the petition said. The FCC faces technical and competition programs, and a "crisis of legal authority" without the classification. "As the traditional telephone services that compose the [public switched telephone network] are phased out," the FCC's "patchwork of ancillary authority rules will completely unravel," the groups said. "Unless the FCC acts, it will lack authority to do the most basic job Congress gave it to do -- make sure that all Americans have access to a reliable, affordable phone system," said Public Knowledge Senior Vice President Harold Feld in a statement. The FCC declined to comment.

Major U.S. carriers began allowing free calls and texts, to and from Ukraine, after Russia's invasion of the country last week. Details vary. Through Thursday, T-Mobile is waiving international long-distance and international roaming charges for calls and SMS made between the U.S. and Ukraine for T-Mobile and Sprint postpaid and prepaid consumer and business customers, the carrier said: “This includes calls made within Ukraine to local numbers to cover roaming customers in Ukraine.” On Saturday, T-Mobile added calls and texts to and from the U.S. and Belarus, Hungary, Moldova, Poland, Romania and Slovakia. AT&T is offering consumer and business customers unlimited long-distance calling from the U.S. to Ukraine, through Monday. “This offer is valid for all consumer and business AT&T Postpaid & PREPAID wireless customers, and consumer VoIP and landline customers,” the carrier said: “Unlimited texts to this region are standard with Mobile Share and Unlimited Texting plans.” Verizon is waiving charges for calls from postpaid consumer and business wireless customers and residential landlines to and from Ukraine, through March 10. The company is waiving voice and text roaming charges for customers in Ukraine. UScellular said customers can make outbound calls to Ukraine without paying international dialing rates through the end of March: “Postpaid customers will have charges automatically waived. Prepaid customers whose plans allow for international dialing can call customer service … or *611 from their mobile phone to receive credits for applicable calls.”

The FTC for the second time extended its deadline for public comment on how supply chain disruptions are affecting competition in consumer goods and retail markets, said the agency Friday. Comments are now due March 14 in docket FTC-2021-0068.

FCC Chairwoman Jessica Rosenworcel circulated a notice of inquiry seeking comment on the cybersecurity vulnerabilities of the internet’s global routing system, said an FCC release Friday. “Earlier this week, the Department of Homeland Security warned U.S. organizations at all levels that they could face cyber threats stemming from the Russia-Ukraine conflict,” the release said. The draft NOI concerns “the security and integrity of the Border Gateway Protocol (BGP),” which is “the routing protocol used to exchange reachability information among independently managed networks on the Internet.” Due to vulnerabilities in BGP, it's possible to deliberately falsify “BGP reachability information” to redirect internet traffic, the release said. “Russian network operators have been suspected of exploiting BGP’s vulnerability to hijacking in the past,” the release said. That can lead to exposure of personal information, theft, extortion, “and state-level espionage,” the release said. The draft NOI also focuses on vulnerabilities in “the transmission of data through email, e-commerce, bank transactions, interconnected Voice-over Internet Protocol (VoIP), and 911 calls,” the release said.

The U.S. Forest Service reopened the comment period on a proposal to charge new administrative fees to communications facilities on USFS land (see 2202180051) for another 30 days, said a notice for Tuesday’s Federal Register. The original comment deadline on the proposal closed Feb. 22, while the new comment window will close March 31, the notice said.

Broadcasters, ham radio operators and trade groups opposed a U.S. Forest Service proposal to charge an additional administrative fee to communications facilities on USFS land (see 2202180051), by Tuesday's deadline in USFS rulemaking docket 2021-27681. “The proposal is unlawful, inequitable, and undermines the public interest,” said NAB. The rule will undermine access to broadcasts in rural areas because it disproportionally affects rural TV translator stations, NAB said, saying “there is no statutory justification” for the USFS to apply the fee to existing users. If the proposal moves forward, it should allow for a “phase-in” period so existing users can make adjustments, NAB said. NAB also suggested an alternative fee that would assess fees based on market size and higher value uses. The rule would affect numerous public broadcasters that have prioritized universal access, said NPR, America’s Public Television Stations and PBS in joint comments. The USFS should revise the rule to include a discretionary waiver for nonprofit and governmental organizations, the public broadcasters said. The vast bulk of the over 700 comments in the docket came from amateur radio operators and related organizations and almost universally opposed the fees. Amateur radio operators provide “valuable communications services for the government and citizens during major emergencies” in areas that have little cellular service, said the Staunton, Virginia-based Valley Amateur Radio Association.Since amateur radio operators are prevented by law from charging for their services, the repeaters and other facilities they use are privately owned, the group said. “The only recourse the owners of the radio repeater resource have to cover any additional expense levied on them is directly out of pocket or additional donations.” The National Rural Electric Cooperative Association said the fee should be one time instead of annual. Georgia-based Blue Ridge Mountain Electric Membership Corporation said the fee would jeopardize the private radio network its employees use to communicate while restoring electrical and broadband services during weather events. “If we can't afford to break even on these services we will likely be forced to discontinue them, which will impair both BRMEMC services as well as the USFS.” CTIA said the fee appears to overlap with other fees already charged by the agency, and the USFS should revise the fee to prevent redundant charges. CTIA also argued the fees should lead to a streamlining of the broadband deployment process on USFS lands: “CTIA urges the FS to endeavor to reduce its current timeframes to act on communications use applications, particularly those proposing modifications to existing facilities.”

The FCC made few edits to its final Further NPRM on rural healthcare program revisions, according to our comparison with the draft (see 2202180054). The final FNPRM includes questions sought by Commissioner Brendan Carr about whether the Universal Service Administrative Co. should "process applications and make funding commitment decisions within a specified period of time after the close of the filing window," and whether any program rules need clarification.

Congress “should consider reauthorizing FirstNet and ensure that key statutory and contract responsibilities are addressed before the 2027 sunset,” the GAO said in a report released Tuesday. “Without congressional action on FirstNet’s key statutory responsibilities … it is unclear how the federal government will continue to oversee network operations and the network’s required enhancements when FirstNet’s authority sunsets” in 2027, GAO said in the report, sought by Senate Commerce Committee Chair Maria Cantwell, D-Wash., and House Commerce Committee Chairman Frank Pallone, D-N.J. “Given the interconnectedness of FirstNet’s ongoing key statutory responsibilities, dispersing these responsibilities among multiple federal agencies might complicate oversight, add complexity to continuing network operations, and lead to inefficiencies.” Congress “could reauthorize FirstNet to fulfill the key statutory requirements and contract responsibilities” currently within its remit, GAO said. “This option could prevent any potential operational uncertainties surrounding the oversight and management of the network and contract with AT&T.” Lawmakers could also “deliberate on FirstNet’s organizational placement” by either keeping it within NTIA, place it “within another federal agency” or make it “independent of an existing federal agency,” GAO said. “FirstNet officials told us that if Congress considered moving FirstNet, the least disruptive move would be as an independent entity within the Department of Commerce but outside of NTIA.” Making FirstNet independent of a federal agency would have “advantages and disadvantages” for the entity, GAO said. FirstNet stakeholders believe “NTIA has begun to be more involved as it relates to future reinvestments policies and decisions; this involvement can affect FirstNet’s ability to independently plan for reinvesting in the network.” Disadvantages to making FirstNet independent include losing the Commerce Department inspector general’s oversight, GAO said.

Comments are due April 4 for the FCC’s biennial report to Congress required by the 21st Century Communications and Video Accessibility Act, said a public notice in docket 10-213 Wednesday. The agency is seeking comment on accessibility topics including internet browsers in mobile phones, the extent of barriers to accessibility in telecom, and the effect of CVAA enforcement on innovation. The agency is “especially interested in comment on whether people with disabilities are able to access the telecommunications and advanced communications services and equipment necessary to work, study, and obtain healthcare in a remote environment,” due to the COVID-19 pandemic, the PN said. “Since our last biennial Report to Congress, accessibility needs have evolved, and we anticipate that this year’s report will highlight specific accessible devices and services, as well as those that may need improvement, in this area.”