Several industry groups, state officials and organizations raised concerns about a pending request for the FCC to grant a brief amnesty period for Rural Digital Opportunity Fund Phase I auction and Connect America Fund Phase II auction support recipients that are unable to fulfill their deployment obligations (see 2403060031). Groups urged the FCC in comments posted Wednesday in docket 19-126 to ensure providers that relinquish locations be prohibited from seeking support through NTIA's broadband, equity, access and deployment program for the same locations.
CTIA withdrew a 2015 petition seeking reconsideration of two “discrete” aspects of updated Lifeline program rules approved that year (see 1508130048). CTIA cited “the passage of time since the Petition was filed,” said a filing posted Wednesday in docket 11-42. The organization had asked the FCC to reconsider declarations that Section 222(a) of the Communications Act “imposes a duty of confidentiality upon carriers, other than with respect to Customer Proprietary Network Information” and that Section 201(b) “imposes a duty upon carriers to implement data security measures.”
If the U.S. Supreme Court blocks social media laws in Florida and Texas, it could have a chilling effect on states trying to regulate online content, a panel of experts said Tuesday. Speaking at a Federalist Society webinar event, panelists said a ruling bolstering the tech industry’s First Amendment rights could jeopardize the constitutionality of laws aimed at regulating kids’ online safety. The Supreme Court held oral argument Monday in NetChoice v. Paxton (22-555) and Moody v. NetChoice (22-277) (see 2402260051).
The FCC faces three petitions for review, all filed Friday, in separate circuits, challenging the lawfulness of the commission’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act. Nexstar Media Group filed its petition (docket 24-60088) in the 5th U.S. Circuit Court of Appeals, Beasley Media Group and Tri-State Communications filed their joint petition (docket 24-10535) in the 11th Circuit, and Zimmer Radio of Mid-Missouri filed its petition (docket 24-1380) in the 8th Circuit.
Essential Network Technologies and MetComm.net filed a petition to review last week at the U.S. Appeals Court for the D.C. Circuit challenging the authority of the FCC and the Universal Service Administrative Co. to stop processing the reimbursement of discounts for IT and broadband services that MetComm and Essential provided to schools under Section 254 of the Communications Act. Also at issue is whether the FCC’s failure to conclude numerous extended USAC investigations within a reasonable time violated the Administrative Procedure Act and the Constitution's due process clause by seriously impairing the ability of MetComm and Essential to adequately defend themselves against USAC’s “unspecified allegations,” said the petition (docket 24-1027). This isn’t “an ordinary agency delay case” but instead is a case in which the FCC “has a duty to act,” it said. The commission is failing its “statutory reimbursement duty while embroiling the schools and their service providers in endless proceedings before a private company, USAC, that lacks any authority to decide the legal issues involved,” it said. If the petition to review is denied, the petition seeks, in the alternative, mandamus relief compelling the FCC to comply with the duties Congress included in the Communications Act and the APA, it said.
The Oklahoma Corporation Commission unanimously supported revising various telecom rules at a Thursday meeting. In three separate 3-0 votes, the commission supported staff’s proposed changes to Chapter 55 rules for telecom services (docket RM2023-000017), Chapter 56 rules for interexchange telecom service resellers (RM2023-000018) and Chapter 57 rules for operator service providers telecom services (RM2023-000019). During the meeting, the commission slightly modified the Chapter 55 proposal to remove a sentence related to submitting changes to a company’s principal business address. The removed sentence read, "The submission shall be accompanied by an attestation that the tariff and/or Terms of Service are identical, except for the address change to the existing tariffs and/or Terms of Service."
The U.K.’s new online speech law is one of the “most fundamental” tools allowing its telecommunications regulator to shed light on how platforms handle misinformation, Jessica Zucker, Office of Communications (Ofcom) director-online safety policy, said Monday. Speaking at a Silicon Flatirons event, Zucker said the U.K.'s Online Safety Act of 2023 is intended to help tackle online malfeasance at scale with systemic improvements across the internet. The law established a duty of care requiring companies to implement policies for removal of illegal content, like child sex abuse material, and legal but “harmful” content. Zucker stressed the law doesn’t require Ofcom to instruct tech companies to remove individual pieces of content or investigate individual complaints.
In-person meetings at the FCC are increasing, but the majority are virtual, as they have been since the COVID-19 pandemic began nearly four years ago. The number of in-person ex parte meetings appear roughly the same as a year ago, based on a review of filings and industry interviews. Beginning last March, more staff began working in the office on more days of the week (see 2303030047). One tendency, industry officials say, is that more meetings with commissioner advisers are now at FCC headquarters. But meetings with the offices and bureaus are mostly virtual because staffers have differing in-office schedules. Virtual meetings seem the best way of ensuring everyone who needs to attend a meeting can.
Similar to several other states, Washington will explore use cases for generative AI in state operations as well as regulatory guidelines. Gov. Jay Inslee (D) signed an executive order Tuesday requiring state agency WaTech to submit a report including a plan for how the government may procure, use and monitor generative AI. “This executive order lays out a year-long process for agencies working together to assess the feasibility, benefits and challenges of integrating this technology into agency operations and services,” Inslee said. “It’s our duty to the public to be thorough and thoughtful in how we adopt these powerful new tools.”
State agencies and rural carriers urged the Utah Public Service Commission to give heightened scrutiny to a Lumen petition seeking statewide exemption from carrier of last resort (COLR) requirements for new customers. In prehearing briefs and written testimony filed last week in docket 23-049-01, they disputed how Lumen’s CenturyLink framed its arguments that relief won’t harm landline customers and that effective competition exists across the state. The PSC plans hearings Wednesday on the petition and has a March 17 deadline to reach a decision (see 2311290043).