FCC commissioners were met with applause following a 3-2 vote that restored the net neutrality framework and reclassified broadband internet access service (BIAS) as a Communications Act Title II telecom service during the agency's open meeting Thursday (see 2404190038). “Essential services [require] some basic oversight,” Chairwoman Jessica Rosenworcel said. She told reporters following the vote that the rules are "court tested and court approved" because they are "very consistent with" prior rules that were upheld in court: "I'm confident that these rules will also be upheld."
The FCC will take a series of steps to reestablish the commission's net neutrality framework and reclassify broadband internet access service (BIAS) as a Communications Act Title II telecom service in a declaratory ruling and order (see 2404030043). A draft of the items to be considered during the agency's April meeting, released Thursday, would establish "broad" and "tailored" forbearance for ISPs. The draft doesn’t make a final determination on how network slicing should be treated under the rules.
FCC commissioners will vote on restoring net neutrality rules during the agency's April 25 meeting, Chairwoman Jessica Rosenworcel announced Wednesday (see 2403290057). Commissioners will consider a declaratory ruling, order, report and order, and order on reconsideration. "A return to the FCC’s overwhelmingly popular and court-approved standard of net neutrality will allow the agency to serve once again as a strong consumer advocate of an open internet," Rosenworcel said. Also on April's agenda is a draft NPRM about georouting 988 calls (see 2404030051).
The FCC should forbear from applying Section 214 obligations to broadband internet access service under proposed net neutrality rules, just as it did in the 2015 rules, CTIA told the agency. The FCC need not take that step, as it has suggested (see 2310050063), to safeguard national security, said a filing posted Thursday in docket 23-320. “The national security purposes the Notice identifies are already met by expert national security agencies that possess the expertise and authority to oversee the entire technology sector and security risks within it,” CTIA said: “The Notice specifically points to the Commission’s revocation of Section 214 authority from certain Chinese telecommunications companies to suggest there are gaps to be filled, but as the record shows those companies did not focus on U.S. mass market services such as BIAS.” If the FCC finds it must not forbear from part of the section, so that it can revoke a provider’s international Section 214 entry authorization, “it should forbear from all other Section 214(a)–(d) authority,” CTIA said.
Groups representing wireless carriers and cable operators urged the FCC to take a cautious approach as it responds to a November Further NPRM on protecting consumers from SIM swapping and port-out fraud (see 2311150042). Additional rules beyond those approved in an accompanying order aren’t warranted, industry groups said. However, the Electronic Privacy Information Center urged the agency to go further in protecting consumers. Comments were posted on Wednesday and Thursday in docket 21-341.
Industry and consumer groups clashed on whether the FCC should reclassify broadband internet access as a Title II service under the Communications Act in comments posted through Friday in docket 23-320 (see 2310190020). Commenters against reclassification warned that it would stifle innovation and competition. Supporters said the proposal would ensure consumers have equal access to broadband ahead of anticipated federal broadband deployment programs.
If the FCC doesn’t impede state regulation, the California Public Utilities Commission will support FCC open internet rules and reclassifying broadband information access service (BIAS) as a telecommunications service under Title II of the Communications Act, the CPUC decided Thursday. Through a unanimous vote on the consent agenda during the state commission’s livestreamed meeting, commissioners agreed the CPUC should file comments urging the FCC to reclassify broadband as a telecom service and mobile BIAS as a commercial mobile service.
Three telecom policy stakeholder groups urged Senate Communications Subcommittee leaders Friday to include stronger accountability rules in USF revamp legislation but diverged on some other goals. The entities were responding to a late July feedback request from Communications Chairman Ben Ray Lujan, D-N.M., ranking member John Thune, R-S.D., and other USF working group members for feedback on the path forward on legislation (see 2305110066). FCC Chairwoman Jessica Rosenworcel, meanwhile, is pushing back against criticisms from House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Senate Commerce Committee ranking member Ted Cruz, R-Texas, of the agency's Learning Without Limits proposal to allow E-rate program money to pay for Wi-Fi on school buses and for hot spots (see 2307310063).
The reaction has been muted to FCC Chairwoman Jessica Rosenworcel's speech Wednesday launching a Privacy and Data Protection Task Force and urging a more aggressive approach by the agency on data privacy (see 2306140075). But some observers questioned how far the FCC can go under its legal authority to regulate privacy. Rosenworcel said Wednesday sections 222 and 631 of the Communication Act provide the grounding for FCC action. Congress rejected ISP privacy rules approved under former Chairman Tom Wheeler, through a Congressional Review Act resolution (see 1704040059).
The vast majority of surveillance abuse that intelligence agencies have committed against U.S. citizens under Foreign Intelligence Surveillance Act authority was unintentional, DOJ and FBI officials told the Senate Judiciary Committee during an oversight hearing Tuesday (see 2306120068, 2303280065 and 2303150069).