The effort to increase broadband access on tribal lands is gaining momentum, experts said in recent interviews. The next challenge is holding the FCC and Biden administration to their commitment to consult with tribal leaders and promote broadband deployment on tribal lands, they said.
Cable ISPs and connectivity experts told us not to expect federal stimulus spending for broadband to make a huge dent in adoption gaps due to lack of connectivity, though it could reduce the number of people dropping service in the near term due to pocketbook issues. Some see the FCC Emergency Connectivity Fund potentially having longer-term ramifications, and much depends on finalized ECF rules due Monday. Many hope to see a more-permanent version of the emergency broadband benefit program emerge.
Manufacturer repair restrictions have “diluted the effectiveness” of consumer protections in the 1975 Magnuson-Moss Warranty Act (MMWA), steering consumers into manufacturers’ repair networks “or to replace products before the end of their useful lives,” said the FTC’s long-awaited report to Congress on manufacturers’ efforts to inhibit third-party independent repairs. The “Nixing the Fix” report, in which the agency said it will consider “reinvigorated regulatory and law enforcement options” to address the problem, comes just under two years after the agency convened a workshop under the name (see 1907160058). The report was released Thursday with unanimous support from all four commissioners. See our news bulletin here.
House Communications Subcommittee members delivered divergent assessments on infrastructure proposals from President Joe Biden’s administration and congressional Democrats aimed at improving broadband affordability and equity, during a Thursday hearing. Negotiations on the scope of a final infrastructure legislative package partly turn on whether a broadband title will address affordability and equity. Doing so is crucial to narrowing the digital divide, supporters told us.
The Department of Homeland Security's Cybersecurity and Infrastructure Security Agency needs to beef up its Joint Cyber Planning Office for wider communication routes between government and industry and Congress “needs to put CISA on a path to being a $5 billion agency,” House Homeland Security ranking member John Katko, R-N.Y., told a Cybersecurity Subcommittee ransomware hearing. The past 18 months brought an increased frequency of cyberattacks, as well as growing sophistication of threat actors, and larger amounts being demanded of victims, experts said at a Chamber of Commerce webinar, also Wednesday. Homeland Security Secretary Alejandro Mayorkas called ransomware one DHS' "most-significant priorities."
Facebook's Oversight Board backed the Jan. 7 decision to restrict then-President Donald Trump's access to the social media website and Instagram account, but said Wednesday it wasn't "appropriate" to impose an indefinite and standardless suspension. Facebook responded that the suspension stands.
Chairman Jerry Nadler of New York and other House Judiciary Committee members drilled down Wednesday on how to structure potential legislation to revamp Digital Millennium Copyright Act Section 512 (see 2009300068). They cited the need to bring back balance to how DMCA prioritizes interests of content creators, consumers and major tech platforms. Senate Intellectual Property Subcommittee ranking member Thom Tillis, R-N.C., hopes to introduce DMCA revamp legislation soon that places a heavy emphasis on addressing Section 512 (see 2103080053).
The FCC is unlikely to decide soon on the 5030-5091 MHz, the main band targeted for drones, Wiley’s Anna Gomez told an Association for Unmanned Vehicle Systems International virtual conference Tuesday. The FCC hasn't provided clarity on whether flexible use licenses may be used, Gomez said. In 2019, the FCC sought comment (see 1912270039), per FAA Reauthorization Act Section 374. There's “a full record,” yet no indication the FCC is “close” to an NPRM, said Gomez, who worked on the Joe Biden NTIA transition team. An FCC report to Congress last year said the band is likely suitable for UAS (see 2008280060).
Whether the FCC 2019 access stimulation order erases reciprocal compensation for long-distance and high-volume calls was at issue during oral argument Tuesday at the U.S. Court of Appeals for the D.C. Circuit in Great Lakes case 19-1233 (see 1911200061). Judges Robert Wilkins, Neomi Rao, and Laurence Silberman presided. Some were skeptical of the plaintiff's arguments the order prevents reciprocal comp and treats competitive carriers differently from long-distance carriers. Wilkins didn't ask any questions. The FCC relied primarily on the statutory provision that lets it prevent unreasonable charges, said Silberman, questioning why the rules aren’t reciprocal.
Connecticut and Massachusetts are among states weighing digital ad taxes, after Maryland enacted one and despite industry lawsuits against that state. A proposed 5% Massachusetts tax on businesses making at least $25 million annually in digital ad revenue there is meant to remedy a “market failure right now with large data companies making billions of dollars off of people’s personal data” without appropriate compensation, Rep. Dylan Fernandes (D). He like others spoke in recent interviews. Tech and advertising industry groups say such state taxes are illegal and bad policy.