FCC commissioners adopted a series of items implementing the Martha Wright-Reed Act of 2022 during their open meeting Thursday (see 2407140001). A report and order reduces the permanent per minute rate caps for audio calls and for the first time establishes interim rate caps for video calls for incarcerated people. The law also clarified the FCC’s authority to also set rate caps for intrastate and international calls.
The FCC Thursday unanimously approved, as expected (see 2407160048), an NPRM that proposes industry-wide handset unlocking rules, requiring all mobile wireless providers to unlock handsets 60 days after they’re activated, unless a carrier determines the handset “was purchased through fraud.” The only change of note was an edit on handset and fraud issues added at Commissioner Brendan Carr's request, an FCC official said.
The FCC should shift to a fair-notice enforcement policy or risk having the courts reverse enforcement actions in the wake of the U.S. Supreme Court’s SEC v. Jarkesy (see 2406270063) and Loper Bright Enterprises v. Raimondo (see 2406280043) decisions, former FCC General Counsel and Harris Wiltshire partner Chris Wright wrote in a post on the firm's website Wednesday. Recent FCC enforcement actions –such as an April forfeiture order against major wireless carriers over personal data (see 2404290044) -- have evaded statutory limits on fines by treating single incidents as multiple acts of rule-breaking and penalized companies for actions that weren’t explicitly prohibited under the agency’s rules, Wright wrote. “Now that Chevron has been overruled," Wright anticipates "courts will review interpretations such as that without deference.” As such, “Courts will determine what the best reading of the statute is, and the Commission’s creative interpretations of the statute to generate higher penalty amounts will flunk that test.” To avoid that, FCC should propose forfeitures only when a company has violated a clear FCC rule and limit forfeiture amounts to conform to statutory requirements, Wright argued. This would also ensure the agency “has a sound basis for any forfeiture orders that it ultimately has to defend before a jury,” as it might be required to do in the wake of the Jarkesy decision. Wright was FCC general counsel in 1999 when the Enforcement Bureau was created, and is “disappointed that the Commission’s enforcement efforts have gone so far off-track.” The FCC “should correct itself sooner rather than later to avoid protracted legal challenges and judicially crafted remedies."
The FCC Wireless Bureau sought comment Tuesday on North East Offshore's request for a waiver of the freeze on nonfederal applications for new or expanded Part 90 operations in the 3100-3550 MHz band (see 1905290011). Comments are due July 31, replies Aug. 21, in docket 24-212. “North East argues that ‘there have been no indications that either the FCC or NTIA is considering reallocating the 3100-3300 MHz band’ and notes that its proposed operations are for a proposed facility more than 40 kilometers” off the U.S. coast, the bureau said.
Satellite operators and broadcasters want the FCC to phase in Space Bureau regulatory fee increases, expand the payor base and maintain COVID-19 pandemic regulatory fee relief measures, according to comments filed by Monday's deadline in docket 12-108. Satellite interests repeatedly warned of fee shock, particularly as the FCC proposes big jumps in fees to cover costs associated with last year’s creation of the bureau (see 2304110002). The agency should “maximize fairness in the payment process” by continuing “the availability of the extraordinary relief measures for financially distressed regulatees,” a joint filing from state broadcast associations said.
FCC commissioners will vote at their Aug. 7 open meeting on an NPRM that delves more deeply into consumer protections against AI-generated robocalls, FCC Chairwoman Jessica Rosenworcel said Tuesday. In addition, commissioners will vote on an emergency alert system code for missing and endangered persons and procedural updates to the robocall database. Commissioners will also vote on an adjudicatory matter from the Media Bureau and an Enforcement Bureau item.
The FCC and Department of Education will hold a webinar July 23 to provide information on the three-year, $200 million cybersecurity pilot program for schools and libraries that commissioners approved 3-2 in June (see 2406060043). The webinar starts at 2 p.m. EDT and also offers information on “other federal cybersecurity resources available to schools and libraries,” a Monday notice from the Wireline Bureau said.
CTA and other industry groups urged that the FCC look closely at concerns raised in initial comments about rules for implementing multilingual wireless emergency alerts (see 2406140051). Meanwhile, some state attorneys general oppose industry efforts at slowing the move to require multilingual alerts. Replies were posted through Monday in dockets 15-91 and 15-94 in response to a notice from the FCC Public Safety Bureau (see 2405130047). The notice proposed a 30-month deadline for implementing templates in English and 13 other languages, plus American Sign Language.
A draft order requiring that device-makers and MVPDs make closed-caption display settings easily accessible is expected to receive unanimous approval during FCC commissioners’ open meeting Thursday, agency officials told us. The final item is expected to change language from the draft version, resulting in the rules no longer applying to preinstalled apps. The order is based in part on a consensus proposal from NCTA and several consumer groups representing the deaf and hard of hearing. “We are in a very different place in terms of the consumer industry relationships now than we were decades ago," said Karen Peltz Strauss, a former FCC Consumer Bureau deputy chief who now represents the consumer groups in the proceeding. “There's a lot more communication, a lot more collaboration, coordination. We've seen a real seismic shift in being able to work with industry to get the access we need.”
The FCC’s Enforcement Bureau sent warnings to 13 New York metropolitan-area landowners over pirate radio broadcasts from their properties, an agency news release and notices of violation released late Thursday said. The notices targeted landowners in New York City and Spring Valley, N.Y., as well as in New Jersey's Newark and Irvington, the release said. The notices warn landowners that each could face a fine of up to nearly $2.4 million for hosting an unauthorized radio broadcast.