Space launches would get dedicated spectrum, foreign-sponsored broadcast content would need identification, and 911 outage reporting rules would be harmonized under items on April 22's FCC meeting agenda, acting Chairwoman Jessica Rosenworcel blogged Wednesday. Also on tap are a Further NPRM requiring carriers to implement texting to the 988 nationwide suicide prevention hotline going live in 2022 (see 2103310054), declaring the 800 MHz rebanding done after 17 years, and an unspecified enforcement matter.

President Joe Biden’s administration proposed $100 billion in broadband spending Wednesday as part of the $2 trillion American Jobs Plan infrastructure proposal. That level of spending and Biden’s calls for legislation to improve broadband pricing transparency and affordability mirror Democratic lawmakers' Accessible, Affordable Internet for All Act (HR-1783/S-745) and Leading Infrastructure for Tomorrow’s America Act (HR-1848), as expected (see 2103160001). Reaction to the plan divided along party lines.

A federal court agreed with CTIA that a Kentucky 911 law conflicts with the 2018 federal Wireless Telecommunications Tax and Fee Collection Fairness Act. Responding to that federal statute, the 2020 state law made Lifeline providers directly liable for 911 fees and barred them from passing the charge to users. In an opinion (in Pacer) entered Tuesday, U.S. District Court in Frankfort, Kentucky, granted an injunction and restraint against the Kentucky 911 Service Board in case 3:2020-cv-00043. Judge Gregory Van Tatenhove agreed with industry that the Kentucky law is preempted by Section 1510 of the Fairness Act, which limits states from requiring someone out-of-state from collecting state or local fees. “Though the Board alleges that Kentucky’s intention” with the 2020 law “was to comply with Section 1510, the state has failed to do so,” wrote Van Tatenhove. The judge disagreed with CTIA that the law violated two sections of the Communications Act, and he didn’t address the association’s constitutional claims. Section 254(f) on USF doesn’t preempt the Kentucky charge because the fee “has no relation to the manner by which Kentucky operates its universal service fund,” he said. Section 332(c)(3) stopping states’ from regulating wireless provider rates and entry can’t “be read so broadly as to prevent any incidental effects on entry or rates that a [statute] might impose,” he said. The judge disagreed with the state board that CTIA lacks standing as an association representing affected carriers and that Communications Act Section 616a-1(f)(1) exempts state 911 charges from preemption. Such a “broad reading ... would allow states to impose extreme requirements, like the taking of large portions of the service providers’ subsidies, in the name of ‘collecting fees for 911 services,’” he wrote. CTIA is glad the court recognized that the Kentucky law "discriminated against Lifeline providers serving low income consumers," said General Counsel Tom Power. "We are committed to working with policymakers at all levels to ensure all Americans benefit from wireless connectivity and ensure that 9-1-1 systems are appropriately funded." The Kentucky board didn’t comment.

The FCC warned Congress of “limits to the feasibility” of giving the public unrestricted access to 911 over Wi-Fi or unlicensed spectrum. “Existing Wi-Fi and unlicensed infrastructure typically are not engineered to provide the resiliency and reliability needed to support communications in a major emergency and are likely to be affected by many of the same conditions that impair mobile networks” then, said the report in Wednesday’s Daily Digest. Opening the platforms for 911 “would require modifying or disabling authentication protocols and other safeguards, which could result in increased vulnerability,” the FCC said. It backed “further study of the technical and policy challenges.” The document was required in Ray Baum's Act.

Public safety advocates asked the FCC not to cast a wide net in defining what constitutes 911 fee diversion, as required by the Don’t Break Up the T-Band Act (see 2102160064). Doing so runs the risk of excluding states from several federal resources due to the actions of a few bad actors, said filings in docket 20-291. Comments on proposed rules were due Tuesday. Some telecom associations also sought more certainty.

The FCC should stand firm on rules opening the 5.9 GHz band to Wi-Fi, Citizens Against Government Waste officials urged Commissioner Nathan Simington. CAGW warned of “efforts to thwart the progress the FCC has made on opening up portions of the 5.9 GHz band for unlicensed use,” said a Tuesday posting in docket 19-138. Remain vigilant on 911 fee diversion, the group said.

NextNav is working with AT&T and Verizon on finding the vertical location of wireless 911 calls, CEO Ganesh Pattabiraman and Executive Chairman Gary Parsons told an aide to acting FCC Chairwoman Jessica Rosenworcel, per a filing posted Monday in docket 07-114. Major carriers face an April 3 deadline for providing Z-axis data in the largest 25 cellular market areas.

House Commerce Committee members divided on broadband and next-generation 911 language in Democrats’ Leading Infrastructure for Tomorrow’s (Lift) America Act during Monday's hearing. Republicans indicated they may not support HR-1848 without significant changes. A similar partisan divide was on display last week during a Senate Commerce Committee hearing on federal connectivity programs (see 2103170068).

A Washington state bill to implement national 988 got support from Senate Behavioral Health Subcommittee Chair Manka Dhingra (D) at a Friday hearing. The panel heard virtual testimony on HB-1477 after the House passed the measure 78-18 Wednesday. Dhingra said the bill is “very important” and she's pleased it got bipartisan support in the other chamber. Sponsor Rep. Tina Orwall (D) said it could have more impact reducing suicide rates than any previous bills she has endorsed. HB-1477 “will help save lives,” testified Washington Department of Health’s Daisye Orr. The latest version would impose a 30 cent monthly fee on wireless, wireline and VoIP lines starting Oct. 1, increasing to 50 cents Jan. 1, 2023. CTIA supports designating 988 but is concerned the amount is too high, especially combined with other bill taxes, said Vice President-State Legislative Affairs Gerry Keegan. The fee could be reduced by narrowing what it covers to direct costs of 988 call routing and taking and call center personnel, he said. “This requires money, and it requires effort,” said Abraham Dairi, whose wife died by suicide last year. Calling 911 is ineffective and can damage potential suicide victims more, he said: “People are dying, and we're failing them every single day.” The subcommittee is scheduled to vote March 26.

Former FCC Chairman Tom Wheeler and ex-Commissioner Mike O’Rielly are to testify Monday at a virtual House Commerce Committee hearing (see 2103150069) on Democrats’ Leading Infrastructure for Tomorrow’s (Lift) America Act (HR-1848), the committee confirmed Friday. HR-1848 includes money for broadband and next-generation 911 (see 2103110060).