House Administration Committee ranking member Joseph Morelle, D-N.Y., offered “strong support” Monday for FCC Chairwoman Jessica Rosenworcel's embattled AI political ad disclosures NPRM (see 2407250046). Morelle and other House Democrats previously supported the proposal during an event last week but indicated they would like the FCC to go further on AI regulation if Congress can delegate that authority to the agency (see 2409110065). “I commend the [FCC] for taking this necessary step towards regulating the use of AI in political communications, as the absence of effective guardrails presents a clear and present danger to the information ecosystem in the upcoming election,” Morelle said in a letter to Rosenworcel that we obtained. He would also back the FCC engaging in “future rulemaking to regulate this technology in political communications.” The “current lack of regulation that specifically addresses political advertisements could easily be exploited by candidates for office and dark money groups attempting to confuse and manipulate voters,” Morelle said: Political “candidates have already attempted to manipulate voters by using AI” and its use “in campaign advertisements will only increase” as the Nov. 5 election approaches. “The American public deserves to know whether the political advertisements they see on television or hear on the radio have been manipulated by generative AI,” he said. “Campaign-related disclosures, like those in the Proposed Rule, are critical to ensuring that voters” are fully informed. “Deterring the untoward use of AI by bad actors for political gain during this and future election cycles requires a whole-of-government approach, and I hope that other agencies will soon follow.”
The House plans to vote as soon as Tuesday night on the Senate-passed Launch Communications Act (S-1648) under suspension of the rules. The measure, which the Senate passed in October, and House-approved companion HR-682 would require the FCC to streamline the authorization process for commercial launches’ access to spectrum (see 2307260037).
The FCC is inviting comment on or before Nov. 18 on whether any rules adopted in calendar year 2013 should be “continued without change, amended, or rescinded in order to minimize any significant impact the rule(s) may have on a substantial number of small entities,” said a notice for Tuesday’s Federal Register. The FCC is seeking comment to comply with Section 610 of the Regulatory Flexibility Act of 1980, the notice said. Comments should be filed in docket 24-245.
With FY 2024 regulatory fees due before Sept. 27 (see 2409100045), the FCC issued a series of regulatory fee fact sheets Monday. The agency said cable TV systems operating on Oct. 1, 2023, must pay a $1.27 per-subscriber regulatory fee for all the community units in which they operate. The number of basic cable subscribers served on Dec. 31, 2023, should be used to calculate the fee payment. IPTV subscribers and direct broadcast satellites should be included in the Cable Television Systems fee category and assessed a regulatory fee at the same rate as cable television fees. The number of IPTV and DBS subscribers served on Dec. 31, 2023, should be used as the basis for calculating the fee payment. In addition, the agency said Commercial Mobile Radio Service providers owe regulatory fees for each license held as of Oct, 1, 2023, even if the license later expired. CMRS fees will be assessed on the number of telephone numbers or subscriber counts, including non-geographic telephone numbers. The Office of International Affairs said regulatory fees for submarine cable systems will be paid, per cable landing license, for all submarine cable systems operating as of Dec. 31, 2023. Moreover, it noted that capacity for calculating fees should be based on “lit” capacity. It said any regulated party whose total FY 2024 annual regulatory fee liability, including all categories of regulatory fees for which payment is due, is $1,000 or less, is exempt from payment of FY 2024 regulatory fees. Also exempt are noncommercial educational (NCE) FM station licensees and full-service NCE television broadcast station licensees, provided that these stations operate solely on an NCE basis.
Title I or Title II of the Communications Act would bar the New York Affordable Broadband Act (ABA), said amici supporting ISP groups in briefs Friday at the U.S. Supreme Court. NCTA, a cable industry group that didn’t join the original May 2021 challenge that several national telecom associations filed in a district court, said the ABA “would impose unprecedented and unlawful rate regulation on broadband services.” The Multicultural Media, Telecom and Internet Council (MMTC) also condemned the state law. “If the ABA becomes effective, it will achieve the opposite of what it purports to accomplish, making it harder for communities of color to subscribe to broadband.”
The FCC’s June rules for foreign-sponsored content violate the Administrative Procedure Act because the agency didn’t provide notice of plans for expanding the 2021 rules to cover political ads and public service announcements, said NAB in a petition for review filed Monday with the U.S. Court of Appeals for the DC Circuit. The 2024 order was a response to a D.C. Circuit ruling in favor of an NAB-backed challenge to portions of the FCC's 2021 foreign-sponsored content rules. The FCC “did not even attempt to provide a rationale for changing course,” to go after PSAs and issue ads, NAB said in the filing, which echoes arguments Commissioners Nathan Simington and Brendan Carr raised in dissents back in May. “Adopting rule changes nobody could have reasonably anticipated is a textbook example of unfair surprise,” Carr wrote at the time.
Fred Moorefield, who long oversaw spectrum policy at DOD, last week pleaded guilty to federal charges of conspiracy to engage in dogfighting and interstate travel in aid of racketeering. He faces up to five years in prison. Moorefield, 63, left DOD 11 months ago after the charges were announced (see 2310030058).
The same attorney can't represent multiple parties in the hearing proceeding on the TV and radio licenses of Antonio Guel and the Hispanic Christian Community Network, ruled FCC Administrative Law Judge Jane Halprin in an order posted Friday (see 2408280048). Broadcast attorney Dan Alpert’s “proposed simultaneous representation of all three deponents is fundamentally at odds with ‘the proper dispatch of business and the ends of justice,’” said the order. Alpert had sought to represent Guel, his daughter Maria Guel and niece Jennifer Juarez in the case but faced arguments from the FCC Enforcement Bureau that this would be a conflict of interest. The hearing proceeding is based in part on allegations that Antonio Guel pretended to sell his stations to Juarez while actually retaining control of them, and conflicting filings in the case show Maria Guel and Antonio Guel as heading up multiple companies involved in the matter. “With each filing in this proceeding, the control and operation of the Guel family’s broadcast licenses becomes less clear,” said the order. “It is therefore not only foreseeable but likely that there will be incongruity in the testimony of Mr. Guel, Ms. Juarez, and Ms. Guel.” Halprin’s ruling allows Alpert to continue representing Antonio Guel in the case, but bars him from representing Maria Guel or Juarez. The order gives Maria Gual and Juarez 45 days to obtain new counsel.
AM and FM broadcasters shouldn’t make FY 2024 regulatory fee payments into the FCC’s commission registration system (CORES) due to an issue with the way the system classifies stations, according to an FCC spokesperson and a disclaimer posted in CORES. “The FCC is continuing to do its due diligence to reevaluate the population count information for AM and FM broadcasters for FY 2024 regulatory fees,” the spokesperson said. “We expect to have this situation resolved early next week.” Regulatory fees are due Sept. 26.
Southern Ohio Communications Services (SOCS) asked the FCC for a six-month extension of an Oct. 6 deadline to remove Huawei and ZTE components from its network under the FCC’s rip-and-replace program. SOCS “has worked diligently” to complete the removal, replacement and disposal of “covered” equipment in its network, said a filing last week in docket 18-89. However, some of its ZTE gear “has not yet been disposed of,” the ISP said: Most is in storage waiting for disposal and the only remaining component still attached to the network is a single ZTE router, SOCS said: “SOCS has purchased the replacement equipment for this item and is now waiting for the vendor to install it.”