Consumer advocates and industry officials disagreed Wednesday about the need for addressing junk fees in the broadband and communications marketplace. After noting that increased competition results in consumers getting faster speeds and better service, ACA Connects Chief Regulatory Counsel Brian Hurley said, "In this competitive marketplace, our members and providers have every incentive to avoid bill shock and other negative experiences that could compel their customers to take their business elsewhere." Addressing a Broadband Breakfast webinar, Hurley added there's "no finding that junk fees are prevalent" in the marketplace.
The FCC shouldn’t apply online public information file (OPIF) requirements to low-power television stations, LPTV groups, NAB, the National Religious Broadcasters, Gray Television and numerous individual broadcasters say in comments filed in docket 24-147 posted by Wednesday.
A three-judge panel in the 6th U.S. Circuit Court of Appeals stayed the FCC's net neutrality order Thursday (see 2407220044). Chief Judge Jeffrey Sutton concurred with the ruling, noting that in only the past three years has the FCC "taken its current position that broadband internet access service qualifies as a telecommunications service as opposed to an information service." The panel noted that ISPs have "shown that they are likely to succeed on the merits and that the equities support them" (docket 24-7000). The court found that the final rule "implicates a major question" and the FCC "failed to satisfy the high bar for imposing such regulations." Net neutrality "is likely a major question requiring clear congressional authorization," the ruling said, adding that the Communications Act "does not plainly authorize the commission to resolve" this issue. The court declined to reach a determination on the impact of the U.S. Supreme Court's Brand X decision. The court set oral argument for its fall sitting "so that a randomly drawn merits panel may consider the case." Opening briefs for petitioners are due by Aug. 12. The FCC has until Sept. 11 or 30 days after petitioners file to submit its own brief. The FCC didn't immediately comment.
The Senate Commerce Committee’s surprise adoption Wednesday of an amendment to the Proper Leadership to Align Networks for Broadband Act (S-2238) that would allocate $7 billion in stopgap funding for the FCC’s lapsed affordable connectivity program likely imperils chamber passage of that measure, lawmakers and lobbyists told us. Debate over the pro-ACP amendment and a proposal that attached $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program also signaled continued friction among panel members over the Spectrum and National Security Act (S-4207).
Charter Communications "is glad to have resolved these issues" around its reporting of network outages, the company emailed us Monday evening. Charter agreed to a $15 million penalty related to outage reporting (see 2407290043). Its February 2023 outage was due to a denial-of-service attack, according to the consent decree. Charter said the FCC consent decree identified no flaws in Charter's cybersecurity practices. The company said it "agreed with the FCC that we should continue doing what we’re already doing.” In the consent decree, the FCC Enforcement Bureau said Charter "established and shall continue to maintain and evolve its overall cybersecurity risk management program" in accordance with the voluntary cybersecurity framework in the National Institute of Standards and Technology Cyber Security Framework as well as through other industry standards and best practices.
The FTC offered the FCC an update on its recent “Voice Cloning Challenge” and other work as commissioners consider a draft NPRM on consumer protections against AI-generated robocalls. The NPRM is set for a vote Aug. 7 (see 2407170055). “The four FTC Voice Cloning Challenge winning submissions demonstrate the potential for cutting edge technology to help mitigate risks of voice cloning in the marketplace,” an FTC filing posted Tuesday in docket 23-362 said: “They promote approaches that tap American innovation to help protect the public. The results of the Challenge also highlight that there is no single solution to this problem.”
The FCC "offers no plausible reason why Congress would have used classic disparate-treatment language to create a disparate-impact regime," a coalition of industry groups said in a reply brief to the 8th U.S. Circuit Court of Appeals Monday. The brief explained the Minnesota Telecom Alliance's challenge of the FCC's digital discrimination rules (docket 24-1179). The U.S. Chamber of Commerce, NCTA, Wireless Infrastructure Association National Multifamily Housing Council, ACA Connects, Wireless ISP Association and several state telecom associations also noted that the major questions doctrine "confirms" the commission lacks "the authority to regulate non-ISPs" (see 2407080012). In a separate brief, the Legal Defense Fund, Asian Americans Advancing Justice, the American Civil Liberties Union, Communications Workers of America and the United Church of Christ Office of Communication said that the FCC would "fail to achieve Congress's mandate" of facilitating equal access without establishing a disparate-impact liability. Section 1754 of the Infrastructure Investment and Jobs Act "also furthers the FCC’s ability to ferret out intentional discrimination," the groups said.
Auto Innovators urged the FCC to act soon on a proposed order on cellular vehicle-to-everything use of the 5.9 GHz band that is in front of the commissioners (see 2407170042). The group represents the auto industry. Its representatives met with an aide to FCC Commissioner Brendan Carr. Its representatives “also encouraged the Commission to work with the automotive industry to identify additional spectrum to both support new C-V2X use cases and to ensure that there is adequate spectrum for next-generation V2X technologies, such as 5G-V2X,” a filing posted Tuesday in docket 19-138 said.
Reps. Nikki Budzinski, D-Ill., and Mike Carey, R-Ohio, led filing of a House companion to the Secure and Affordable Broadband Extension Act (S-4317) Tuesday in a bid to give the FCC’s lapsed affordable connectivity program $6 billion in stopgap funding for FY 2024. Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., filed S-4317 in May after he unsuccessfully attempted to attach identical language to the FAA reauthorization package (see 2405090068). The measure would couple the stopgap ACP funding with changes to the program’s scope and eligibility rules. Affordable Broadband Campaign spokesperson Gigi Sohn praised Budzinski and Carey for filing S-4317’s House companion. In a statement, Sohn said, “There is no excuse not to move this legislation forward.” Also praising the lawmakers were the ACLU, Common Sense Media, Incompas, National Digital Inclusion Alliance, National Lifeline Association, New America’s Open Technology Institute and Public Knowledge.
Carriers are working on implementing 988 georouting and the FCC needn't interfere with mandates and rules, telecom trade groups said in docket 18-336 comments this week. Commissioners in April adopted an NPRM proposing the georouting requirement (see 2404250054).