The cable industry and local franchise authorities are at odds over the mixed-use rule, with both sides presenting conflicting takes in FCC lobbying last week. LFA arguments that the mixed-use rule doesn't follow the law and should be repealed (see 2401080032) are incorrect, NCTA said Thursday in docket 05-311. It said the 6th U.S. Circuit Court of Appeals upheld the FCC rule, "finding that the statutory interpretation embodied in the rule is compelled by the plain and unambiguous language." NCTA said the LFAs' argument that only the cost of an LFA's use of an institutional network -- and not the cost of the network's construction -- counts toward the 5% cap on cable franchise fees also runs contrary to the 6th Circuit decision. LFAs including Los Angeles County, Dallas and Boston in the docket recapped a meeting with Chairwoman Jessica Rosenworcel's office when they urged that the agency remand its 2019 LFA order that was subject of the 6th Circuit decision so that FCC rules don't "continue to misrepresent the state of the law, leading to confusion and opportunities for obfuscation."
The FCC Enforcement Bureau Friday reminded carriers and interconnected VoIP providers of their obligation to file an annual certification documenting compliance with the customer proprietary network information rules by March 1. “Failure to file a timely and complete certification calls into question whether a company has complied with the rules requiring it to protect the privacy and security of its customers’ sensitive Information,” the bureau said:
The FCC’s data breach notification rules, approved by commissioners 3-2 in December (see 2312130019), are effective March 13, said a notice for Monday’s Federal Register. Commissioners made several changes to the proposed rules before adoption (see 2312220054). “The Commission’s breach notification rule provides an important protection against improper use or disclosure of customer data, helping to ensure that carriers are held accountable and providing customers with the tools to protect themselves in the event that their data is compromised,” the notice said.
Former FCC Chairman Ajit Pai was among those hailing Thursday's FCC declaratory ruling prohibiting voice-cloning technology in robocall scams (see 2402080052). “Excellent move by the @FCC to clarify that calls made with #AI-generated voices are ‘artificial’ under the law, making voice-cloning robocalls illegal,” Pai said on X Friday. Also praising the ruling was North Carolina Attorney General Josh Stein (D). “This ruling gives attorneys general more tools to go after robocallers who break the law, and I plan to use them," said Stein: “I’ll keep holding scam callers accountable and doing everything I can to reduce the number of robocalls we all have to deal with.” Stein was one of the state AGs who urged the FCC to address the issue (see 2401170023).
ViaPath raised concerns with the FCC about calls for the FTC to apply its proposed ban on unfair or deceptive fees to incarcerated people's communications services. In a letter posted Friday in docket 23-62 (see 2310110076), ViaPath said the FTC should clarify that its rule "does not apply to IPCS or IPCS-related fees because IPCS is regulated by and under the exclusive jurisdiction" of the FCC.
Echodyne asked the FCC for a five-year extension of its waiver of rules allowing ground-based use of its EchoGuard radar. The radar detects objects on the ground and in the air. The Wireless Bureau approved a waiver in 2019, which expires June 12 (see 1906130051). Since the waiver was granted, the radar “has been successfully deployed by many Federal and non-Federal users without any complaints of interference,” said a filing posted Friday in docket 12-352: “With the product still in high demand, Echodyne seeks a 5-year extension under the same terms and conditions as the original grant.” The radar operates in the 24 GHz band.
The Schools, Health & Libraries Broadband Coalition filed at the FCC a letter signed by groups that support the agency’s November proposal allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2311090028). Comments to the FCC were divided on the proposal (see 2401300063). “While the COVID-19 pandemic propelled a nationwide surge of off-campus connectivity, online learning and remote schoolwork have become common practice for many students and library patrons throughout their daily journeys -- even after the end of the pandemic,” said a filing posted Friday in docket 21-31: Today, “learning simply does not stop after school or library operating hours or the moment a student or patron steps off the premises.” Signers included the American Library Association and other library and education groups, Common Sense, the Open Technology Institute at New America and Public Knowledge.
5G Automotive Association representatives met with an aide to FCC Chairwoman Jessica Rosenworcel on a June 2021 petition (see 2106030075) asking the agency to reduce by 20 dB the permitted level of unwanted emissions from the unlicensed services that share the 5.9 GHz band. Representatives discussed “the importance of granting the 5GAA Petition to ensure that the safety-critical benefits of C-V2X are not compromised by the risk of interference,” said a filing posted Friday in docket 19-138: “5GAA provided examples of how such interference would reduce the effectiveness of C-V2X by, for instance, delaying the receipt of safety messages, reducing the available driver reaction time to those messages.”
The House Communications Subcommittee plans a Thursday hearing on a set of five bills aimed at improving U.S. network security, including the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513), the House Commerce Committee said Friday. The other bills are the Foreign Adversary Communications Transparency Act (HR-820), Countering CCP Drones Act (HR-2864), draft Promote Secure Connectivity to Taiwan Act and draft Removing Our Unsecure Technologies to Ensure Reliability and Security (Routers) Act. First filed in 2022 (see 2210250067), HR-820 would require the FCC to publish a list of communications companies holding FCC licenses or other authorizations in which China and other foreign adversaries’ governments possess 10% or more ownership. HR-1513, which the House passed during the last Congress (see 2112020050), would direct the FCC to establish a 6G task force to provide recommendations on ensuring U.S. leadership in developing that technology’s standards. HR-2864 would add Chinese drone manufacturer Da-Jiang Innovations to the FCC’s covered entities list. The Promote Secure Connectivity to Taiwan Act would require NTIA assessment of “technologies available to increase the security and resiliency” of Taiwan’s communications networks. The Routers Act would have the Commerce Department “specify what transactions involving routers, modems, or devices that combine a modem and a router are prohibited” under then-President Donald Trump’s 2019 executive order, which bars transactions involving information and communications technologies that pose an “undue risk of sabotage to or subversion of” U.S.-based communications services (see 1905150066). “Our communications networks are an integral part of our lives, businesses, economy, and national security,” said House Commerce Chair Cathy McMorris Rodgers, R-Wash., and Communications Chairman Bob Latta, R-Ohio. “As we’ve grown increasingly connected and more reliant on technology, these networks have become a target for adversaries and bad actors. To remain competitive and secure, the U.S. must ensure our communications and technological infrastructure is protected against adversaries, in particular the Chinese Communist Party.” The hearing will begin at 10 a.m. in 2123 Rayburn.
The Utah Commerce Department received backlash from the communications industry and other groups about age-verification methods proposed in rules for implementing the 2023 Utah Social Media Regulation Act. The department’s Consumer Protection Division last week sent us written comments received by its Feb. 5 deadline on October's proposed rules.