The House is expected to vote as soon as Wednesday on the 2024 Consolidated Appropriations Act, a “minibus” funding bill that includes reductions for NTIA and other Commerce Department agencies but a slight increase for the DOJ Antitrust Division. President Joe Biden signed a continuing resolution (HR-7463) March 1 that extended federal appropriations for those agencies through Friday, March 8 (see 2403010072). The chamber is also set to vote this week on the 988 Lifeline Cybersecurity Responsibility Act (HR-498) and NTIA Reauthorization Act (HR-4510) under suspension of the rules (see 2403010073).
Meta is violating the EU data protection law by requiring users to pay for ad-free service or consent to the use of their personal data, eight European consumer groups alleged Thursday. Meta didn't immediately comment. The groups, from the Czech Republic, Denmark, Greece, France, Norway, Slovakia, Slovenia and Spain, are European Consumer Organisation (BEUC) members. In complaints filed with their national data protection authorities (DPAs), they charged the tech giant with failing to comply with GDPR principles of fair processing, data minimization and purpose limitation. Moreover, they said Meta has no valid legal basis to justify the massive data sweep it carries out on Facebook and Instagram users because the choice it gives them can't lead to free and informed consent. "Meta has tried time and time again to justify the massive commercial surveillance it places its users under," said BEUC Deputy Director-General Ursula Pachl. "Its unfair 'pay-or-consent' choice is the company's latest effort to legalise its business model." In recent years several DPAs have tried to force Meta to change the legal basis for collecting and processing people's data, and the company's "last resort" is to obtain users' consent for those activities by offering them the choice to either pay to see a supposedly ad-free service or consent to the company's full commercial surveillance with ads, BEUC said. Asked why BEUC didn't file the complaint with the DPA in Ireland, where Meta is headquartered, a spokesperson said the organization wanted to involve national data protection authorities that can then take ownership of the issue when those authorities transfer the matter to the Irish authority. In addition, he said, BEUC wanted to involve its members because they know the procedural rules of their own DPAs and to maximize coverage of the issue to show that it affects all Europeans.
The Wireless ISP Association petitioned the U.S. Court of Appeals for the D.C. Circuit for review of the FCC’s Nov. 20 digital discrimination order on grounds that it’s contrary to law, an abuse of discretion and violates the Administrative Procedure Act, said the petition Wednesday (docket 24-1047). It becomes the 15th such petition consolidated in the 8th Circuit once it’s transferred there under the Judicial Panel on Multidistrict Litigation's Feb. 9 order (see 2402120077). The order “undermines” congressional intent “by diverting limited human resources and investment from deployment to compliance with burdensome and overbroad regulations,” said the petition. It imposes a novel disparate-impact test that allows the FCC “to micromanage a host of legitimate business practices, including network buildout decisions, pricing, promotions, advertising, contract renewal, and customer service,” it said. If the order is allowed to stand, the FCC could enforce it “with its full range of tools, including civil penalties,” it said. The order “will deter innovation and investment in broadband,” including among WISPA’s small and rural members who may lack adequate resources to “absorb” the order’s compliance and potential enforcement costs, it said.
Streaming-related revenue will surpass pay-TV subscription revenue in the U.S. this year, Ampere Analysis blogged Monday. That tipping point comes as streaming continues growing and traditional pay TV declines. In addition, the value of pay TV in 2028 is expected to be half of the value of its 2017 peak, Ampere said. Streaming subs overtook pay-TV subs in 2016 in the U.S., but streaming has far lower average revenue per user, meaning streaming revenue is only now catching up, it said. Ampere said streaming revenue benefited recently from password-sharing crackdowns and hybrid advertising tiers.
Don't adopt a "model carrier" approach for determining rates for incarcerated people's communications services, Securus parent Aventiv told the FCC. The company met separately with Commissioner Anna Gomez and staff, aides to Chairwoman Jessica Rosenworcel and aides to Commissioner Brendan Carr. The FCC "must take into account the increased costs of labor and services resulting from inflationary pressures in recent years" when setting permanent rate and ancillary service charge caps, Aventiv said in a filing posted Tuesday in docket 23-62 (see 2205240056). It also urged the commission to allow "alternative pricing structures" and "experimentation with bundling arrangements."
The FCC Office of Engineering and Technology Friday approved the applications of seven 6 GHz automated frequency coordination (AFC) providers to launch operations by standard-powered unlicensed devices, closing out a multi-year process. The development is one of the most significant for 6 GHz since the 2020 FCC order opening the spectrum for unlicensed use, industry officials said.
Broadcasters and the FCC’s Republican commissioners say the agency’s order -- approved 3-2 Thursday -- requiring that broadcasters publicly share annual workforce demographic data is unconstitutional and the courts will knock it down, as it has similar regulations. Still, the agency and public interest advocates argue this version is different.
The FCC should create an Office of Civil Rights, The Leadership Conference on Civil and Human Rights Media and Telecommunications Task Force told FCC Chairwoman Jessica Rosenworcel in a meeting last week, according to an ex parte filing posted Thursday in docket 22-459. The existing Disability Rights Office and Office of Native Affairs and Policy perform important functions but are focused on different tasks than an Office of Civil Rights would be, the filing said. “Resolving individual disputes or encouraging participation” are different matters from “legal and quantitative analysis that could proactively identify systematic problems” and addressing those problems with rulemakings and enforcement actions, the filing said. “Intergovernmental consultation may belong in the Consumer and Governmental Affairs Bureau, but civil rights enforcement does not,” the filing said. The Leadership Conference also called on the FCC not to leave the 2022 quadrennial review open past 2024, keep ISPs active in encouraging digital equity, and endorse the FCC’s collection of workforce diversity data. Representatives from groups including the Committee for Civil Rights Under Law, Communications Workers of America, National Coalition on Black Civic Participation, National Hispanic Media Coalition and Common Cause also attended.
The FCC's supplemental coverage from space framework draft order would see the service operate in select spectrum bands and on a secondary rather than a co-primary basis. The agency on Thursday released agenda items for commissioners' March 14 open meeting. A vote on the framework is expected that day. Also on the agenda are orders for "all-in" pricing disclosures by multichannel video distributors and launch of a voluntary cybersecurity labeling program, initially focused on wireless consumer IoT “products." In addition, Commissioners will vote on a report raising the FCC's broadband speed benchmark to 100/20 Mbps and an NPRM proposing creation of an emergency alert system code for missing and endangered adults.
Proposed FCC supplemental coverage from space (SCS) rules include a requirement that terrestrial providers must route SCS 911 calls to a public safety answering point using location-based routing or an emergency call center, the agency said Wednesday. Commissioners are expected to vote on the rules during their open meeting on March 14. Announcing the agenda for next month's meeting, the FCC also said there would be draft rules for "all-in" video pricing and a voluntary cybersecurity labeling program for wireless IoT devices. In addition, the meeting will see commissioners voting on an NPRM about creating an emergency alert system code for missing and endangered people (see 2402210066).