ISPs’ lawsuit against New York’s broadband affordability law raises similar preemption issues to cases industry lost in other venues, but law experts disagreed in interviews which side would win. Plaintiffs at U.S. District Court for Eastern New York (case 21-cv-2389) make the same arguments that failed in Maine ISP privacy and California net neutrality cases, which are “structurally almost identical” to the New York case, argued Stanford Law School professor Barbara van Schewick. Former FCC General Counsel Thomas Johnson countered that 2nd U.S. Circuit Court of Appeals case law gives ISP plaintiffs an “additional arrow in their quiver.”
Congress should enact federal privacy legislation that would give internet users the right to access and delete personal information, FTC acting Chairwoman Rebecca Kelly Slaughter wrote in a recent letter to Sen. Amy Klobuchar, D-Minn. An aide for Klobuchar, who supports access and deletion rights, said Tuesday the Senate Antitrust Subcommittee chair will continue pushing for such legislation.
FCC acting Chairwoman Jessica Rosenworcel welcomed Commissioner Brendan Carr’s proposal to make Big Tech pay into USF (see 2105240037). The idea is “intriguing,” Rosenworcel said in a statement to us Friday, and the commission “should be open to new ideas.” The funding mechanism is “hopelessly outdated” and the program is “on the verge of collapse,” Carr wrote last week. Under his proposal, Congress would pass legislation that “ensures Big Tech contributes an equitable amount” to USF, he said. Rosenworcel agreed it’s “clear that this would require action from Congress.”
FCC acting Chairwoman Jessica Rosenworcel can force votes on items, a step that needs the vote of at least one Republican commissioner under must-vote rules. With a full commission, the chair needs the votes of only the other members of the majority party to trigger the rules. Rosenworcel hasn't focused on changing the rules. Some experts said in interviews an change is overdue, although many think the rules won't significantly impede her.
Schools and libraries are gearing up to apply for support through the FCC’s $7.17 billion Emergency Connectivity Fund. With an application filing window likely in June (see 2105110041), experts said in interviews many facilities are eager. They have a “high level of interest” in learning more, said State E-rate Coordinators’ Alliance Chair Debra Kriete. SECA is doing statewide training and distributing educational materials. Experts agreed allowing prospective purchases will help.
FCC inaction on an NAB petition for clarification of ATSC 3.0 rules is making the transition to the new standard more difficult, broadcasters said. The petition was filed in November and has been a focus of NAB lobbying in recent months and was again Friday (see 2011100067).
President Joe Biden proposed substantial budget increases Friday for the FCC, FTC and most tech-focused agencies within the Commerce and Justice departments for FY 2022, in documents released Friday. The administration proposed a smaller increase for the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and would keep CPB's funding at $475 million.
The Senate voted 68-30 Thursday to end debate on a substitute amendment for the Endless Frontier Act (S.1260) (see 2105130069), moving one step closer to final passage. Senators agreed to a defense spending amendment and appeared to be nearing agreement on a trade policy provision in a package that could far exceed the original $100 billion.
Drafts released Thursday revealed details of what acting Chairwoman Jessica Rosenworcel wants FCC colleagues to vote on at the members' June 17 meeting. On letting companies market RF devices pending FCC authorization, a draft would allow a greater number of the products than initially suggested. CTA sought limited marketing and sales of wireless devices to consumers before they're authorized.
Internet industry groups sued Florida over its social media law that makes it unlawful for sites to deplatform political candidates and requires sites be transparent about policing. NetChoice and the Computer and Communications Industry Association sued Thursday in U.S. District Court in Tallahassee. “The Act is so rife with fundamental infirmities that it appears to have been enacted without any regard for the Constitution,” they wrote. Our earlier news bulletin is here.