The Commerce Department should add ByteDance to its foreign trade restriction list to safeguard American data, Reps. Dan Crenshaw, R-Texas, and Josh Gottheimer, D-N.J., wrote Thursday. Commerce should add the TikTok parent company to the Bureau of Industry and Security’s entity list: “This step would be instrumental in applying licensing restrictions to the export of software from the U.S. to ByteDance for its applications. If American users aren't able to upgrade their app with software updates, which involves the export of U.S. software, then the operability of the applications of concern will be weakened.” They noted the department took similar action against Huawei and non-U.S. affiliates in 2019. The department didn’t comment.
A Better Business Bureau National Advertising Review Board panel recommended Thursday that Mint Mobile change some of its ads and promotions in response to a Verizon complaint. In ads for Mint’s $15 monthly promotional plan for unlimited service, “it failed to consistently, clearly and conspicuously disclose that consumers are required to prepay the entire $45 for three months of service,” the panel found. Moreover, Mint should discontinue a claim “that it ‘cut out the cost of retail service and passed those sweet savings directly to you’ because it did not provide evidence demonstrating that it ‘passes along’ any cost savings to consumers,” the panel said. It found fault with some of Mint’s claims on social media against Verizon. Mint said it would comply with the panel’s recommendations, "although it disagrees with the panel’s recommendation regarding certain social media ... claims," the release said.
The FCC completed a voluntary test of the disaster information reporting system (DIRS) Thursday, FCC Public Security Bureau Chief Debra Jordan said in an emailed statement. The test let communications providers practice filing outage reports as they would during an actual DIRS activation. The agency released a new version of DIRS in early December (see 2312040057). “We appreciate the widespread participation in this simulated DIRS activation in advance of hurricane and wildfire seasons, which will help ensure that the FCC can provide the public and emergency managers with timely, accurate data on the operational status of communications networks during disasters and support recovery efforts,” Jordan said. Because the test was primarily a practice session centered on logging in, filing and accessing reports in DIRS, there aren’t results to share, an FCC spokesperson told us.
President Joe Biden’s nominee for U.S. coordinator of international communications and information policy, drew a favorable response from Senate Foreign Relations Committee Democrats during a truncated Thursday confirmation hearing. Steve Lang emphasized the need for U.S. “solidarity with like-minded partners around the world” on communications and cybersecurity issues “to better face the existential challenge from” China and other “countries that don't share our democratic values.” Lang is currently deputy assistant secretary of state-international information and communications policy.
Moving most of the FCC’s economists under the Office of Economics and Analytics, a controversial step taken on a Republican 3-2 commissioner vote in 2018 (see 1801300026), has proven helpful to the commission, OEA Chief Giulia McHenry said at an FCBA Engineering and Technical Committee lunch on Thursday.
The FCC Wireless Bureau Wednesday rejected a request by the North Shore Emergency Association (see 2401290030) to extend by two months the deadlines to comment on a request from Garmin International (see 2310060031) for a waiver of rules concerning certification of the hand-held general mobile radio service (GMRS) devices it manufactures. Comments remain due Feb. 12, replies Feb. 27 (see 2401120031). The group “has not shown that an extension is warranted,” the bureau said.
LTD Broadband asked the U.S. Court of Appeals for the D.C. Circuit to review the FCC’s rejection of its long-form application for Rural Digital Opportunity Fund support, as expected (see 2311160039). LTD challenged the FCC’s Dec. 4 order denying LTD’s application for review of the Wireline Bureau’s decision to reject the company’s application. “LTD asks that the Court hold the Order unlawful and set it aside,” said the company’s petition, which was posted by the court Wednesday. The FCC didn't immediately comment.
Satellite operators continue having diverse views on using shot clocks to hasten earth station and satellite application reviews, according to docket 22-411 reply comments this week. In September, commissioners on a 4-0 vote adopted a Further NPRM on streamlining satellite and earth station applications (see 2309210055). There was a lack of consensus about shot clocks in initial comments last month (see 2401090051).
PlanetiQ hopes to launch GNOMES-5 by June, it said in an FCC Space Bureau application Monday seeking authorization to launch and operate the non-geostationary orbit satellite. The company said the S- and X-band GNOMES-5 is part of a larger plan for a constellation for weather forecasting, with its GNOMES-4 satellite currently orbiting and generating data.
FCC Administrative Law Judge Jane Halprin is considering broadening the scope of a hearing involving the fake sale of broadcast stations. The hearing now may include an examination of other companies, said an order Monday (see 2308110063). The initial hearing concerned Antonio Cesar Guel's sale of low-power radio and TV stations to his niece Jennifer Juarez. Guel admitted in filings that he remained in control of the stations and made false statements to the FCC, including hiding that he isn’t a U.S. citizen. He has called for summary judgment against himself in the case. In Monday’s order, Halprin denied that motion because Guel hasn’t properly responded to all the Enforcement Bureau’s allegations against him. Now she is ordering Guel to respond to an EB motion enlarging the case due to “troubling incongruities” and contradictory filings from Antonio Cesar Guel and his daughter Maria Guel before the FCC and the SEC. Other FCC licensees -- Mekaddesh Group Corporation and the Hispanic Family Christian Network -- operate from the same address as Antonio Guel’s Hispanic Christian Community Network. Members of his family run the companies, the EB said. In addition, SEC filings and other documents show a 2023 sale of Mekaddesh to a company called JPX Global that Antonio Guel partially owns and lists him as a part owner of Mekaddesh, the ALJ order said. Attorneys for Antonio Guel have told the FCC that the JPX transaction isn't completed, and that JPX will not control Mekaddesh, but JPX has listed Maria Guel as its CEO, and she has certified to the FCC that she has full control over Mekaddesh. “Mr. Guel has submitted an ownership report into the record of this proceeding as proof that Maria Guel is in control of Mekaddesh, yet that document makes no mention of JPX Global despite being filed with the Commission as recently as December 26, 2023,” wrote Halprin. Enlarging the case would likely delay it, Halprin acknowledged, but “the potential lack of candor demonstrated by Mr. Guel, Maria Guel, and others before the Presiding Judge” is “ripe for immediate consideration,” the order said. The Guels have until Feb. 13 to provide “a full and honest account of the history and status of the acquisition of Mekaddesh by JPX Global,” a description of Antonio Guel’s role in the companies, and explanations for the discrepancies in filings with the FCC and SEC, Monday’s order said. The Enforcement Bureau will get to respond by Feb. 20, and then Halprin will decide whether to enlarge the case, the order said.