The Biden administration withdrew its support for World Trade Organization provisions on cross-border data flows and data localization to allow flexibility for domestic policy debate, an Office of U.S. Trade Representative spokesperson said in a statement Wednesday. USTR responded after nearly 50 organizations on Tuesday asked the White House to reverse its decision to withdraw support for WTO provisions on cross-border data flows, data localization and source code. Many countries are “examining” approaches to data and source code and the impact of trade rules, said USTR: “In order to provide enough policy space for those debates to unfold, the United States has removed its support for proposals that might prejudice or hinder those domestic policy considerations. The [Joint Initiative on E-Commerce] continues to be an important initiative and the United States intends to remain an active participant in those talks.” Groups including CTA, CTIA, the U.S. Chamber of Commerce, TechNet, BSA|The Software Alliance, the Computer & Communications Industry Association and the Entertainment Software Association said Tuesday they have “profound concern” about U.S. Trade Representative Katherine Tai withdrawing support for “disciplines that protect cross-border data flows; prohibit data localization mandates; preclude discrimination against American made digital products; and safeguard sensitive source code from forced disclosure mandates that enable malicious cyberactivity.” These “core disciplines” advance U.S. innovation and competitiveness, they said. This “sudden and perplexing decision of USTR to abandon its global leadership by pulling back from negotiating key digital rules at the WTO must be revisited,” CCIA Vice President-Digital Trade Jonathan McHale said in a statement.
Notable CROSS rulings
The Ohio Public Utilities Commission seeks comments by Dec. 1 on staff-proposed changes in a five-year review of retail telecom service rules, the state agency said Wednesday. Replies are due Dec. 18 (case 23-817-TP-ORD). Agency staff proposed “non-substantive changes throughout the chapter intended to improve clarity with the addition of clarifying language, the amending of verb tenses, and the updating of cross-references,” said the PUC order. Ohio law requires all state agencies to review rules every five years to determine if they should be amended or rescinded. A 2022 state law additionally required agencies to reduce regulatory restrictions by 30% by June 30, 2025.
Broadband officials and experts raised concerns Wednesday about the role of railroad crossings in broadband deployment. Panelists during a Broadband Breakfast webinar cited delays in right-of-way application decisions from railroad owners as one of the main obstacles and backed establishing a national framework to address the issue as states prepare to dole out funding through NTIA's broadband, equity, access and deployment program and other federal funding.
A current revamp of Presidential Policy Directive 21 (PDD-21), which could mean outer space being declared critical infrastructure, is expected to be done by year's end, infrastructure policy experts told us. Proponents of such a designation say it would be a path to streamlined space industry rules, while critics warn of potentially more regulation. Asked whether it has discussed such a designation with the Department of Homeland Security, the FCC didn't comment.
Broadcasters and ATSC 3.0 advocates say they're sticking with the standard despite a series of recent blows, including consumer electronics manufacturer LG ceasing to make 3.0 TVs, the emergence of a competing technology endorsed by international standards bodies, and a grassroots campaign urging the FCC to block broadcasters from encrypting their signals. In an email to members last week, the Advanced Television Systems Committee said the standard was facing “growing pains.” The nation’s largest broadcaster, Nexstar, emailed us Friday that it's “committed to transitioning to ATSC 3.0.” Broadcasters “are already too far down the road” to turn back now, said Joshua Weiss, CEO of broadcaster and 3.0 datacasting company Ark Multicast.
The Biden administration’s effort to protect national security by limiting tech investment in China could have the opposite effect by putting American companies at a disadvantage, tech associations told the Treasury Department in comments due Thursday (see 2308100003).
The FTC is watching closely to see if tech companies are unfairly or deceptively using AI technology, Chair Lina Khan said Wednesday.
The FCC has approved a draft order on updating broadcast television rules to reflect the digital transition and post-incentive auction repacking 4-0, according to FCC officials. The item had been set for the September open meeting, but was approved early. FCC Commissioner-designate Anna Gomez didn't vote on the item, FCC officials told us. The agency didn't comment on whether Gomez has been sworn in or taken office. The final order is said to be largely unchanged from the draft version announced earlier this month, and docket 22-227 shows that the item hasn’t drawn any lobbying activity since it was unveiled. The rule changes in the order “are mostly non-substantive and do not materially change the regulatory obligations of full power and Class A stations,” said Wilkinson Barker broadcast attorney David Oxenford in a blog post.
Industry groups and telecom investors raised concerns about FCC overreach in comments on an NPRM asking about changes to rules for Section 214 international authorizations, approved by commissioners 4-0 in April (see 2304200039). The FCC sought comment on rules requiring carriers to renew these authorizations every 10 years and on other potential changes to the authorization process. But Team Telecom urged the FCC to strengthen its rules.
The FCC released a draft Further NPRM on the long-awaited 5G Fund Thursday, with commissioners scheduled to vote Sept. 21 (see 2308300062). Also on the agenda is a Space Bureau “transparency initiative,” with the bureau giving more guidance at initial application stages. Per the draft order and accompanying Further NPRM, the streamlining proposal is to be the first in a series of intended improvements to the Space Bureau. Chairwoman Jessica Rosenworcel also is seeking a vote on an additional action targeting VoIP robocalls.