House Commerce Committee ranking member Frank Pallone of New Jersey led four Democrats Monday in filing the Do Not Disturb Act to counteract perceived undermining of anti-robocall protections following the U.S. Supreme Court's unanimous 2021 ruling in Facebook v. Duguid. In that case, the court backed a narrow definition of an automatic telephone dialing system under the Telephone Consumer Protection Act (see 2104010063). Senate Communications Subcommittee leaders focused during an October hearing on DOJ’s perceived reluctance in enforcing existing anti-robocall statutes (see 2310240065).
Wireless carriers in comments this week condemned a “dynamic approach” to data and other proposals for California’s low-income program. The California Public Utilities Commission received feedback Wednesday on an Oct. 30 staff proposal for setting California LifeLine specific support amounts (SSA) and minimum service standards (MSS). Some urged the CPUC to tap the brakes, especially with uncertainty about continued funding for the federal affordable connectivity program (ACP).
Five states rely too much on fiber in their broadband, equity, access and deployment (BEAD) program plans, Wireless ISP Association CEO David Zumwalt said Tuesday in a letter to NTIA Administrator Alan Davidson. California, Maryland, Minnesota, North Carolina and New York will likely exhaust BEAD funds before connecting all unserved and underserved locations, warned Zumwalt: NTIA should direct the states to alter their proposals before the federal agency approves them. More than a dozen other state plans indicate they may lack money for non-deployment activities including digital equity projects, the wireless industry group’s CEO added: States could address the funding gap by deploying fixed wireless networks and setting an “appropriately low” extremely high cost per location threshold. Also, Zumwalt raised concerns with states that require up to five years of audited financial statements before applying for funds, “a gating criteria that will foreclose participation by many smaller broadband providers.”
More than a dozen small independent LECs urged the FCC to ensure any Title II reclassification of broadband is "accompanied by strong regulatory forbearance and state preemption language," which will prevent creation of a patchwork of state regulations (see 2401180042). An ex parte filing posted Tuesday in docket 23-320 said the California-based companies met virtually with an aide to Commissioner Brendan Carr Monday. The coalition sought "strong preemption language" that would "prevent disparate and accelerating state regulations" of broadband internet access service. The FCC "has an important opportunity to achieve a uniform, balanced national framework for broadband regulation through clear forbearance and preemption directives."
Consumer and industry advocates sounded alarms late last week over a proposed California ballot initiative that would make social media companies liable for up to $1 million in damages for each child their platform injures. Courts would likely find that Common Sense CEO James Steyer’s December proposal violates the First Amendment and Section 230 of the Communications Decency Act, said comments California DOJ forwarded to us Friday. For example, “Initiative 23-0035 is a misguided and unconstitutional proposal that will restrict all Californians’ access to online information,” the Electronic Frontier Foundation (EFF) said.
Telecom and media companies support the intentions behind FCC and FTC “junk fees” regulatory actions, but implementation raises questions and potential compliance headaches, industry representatives said. At an FCBA event Monday, Brownstein Hyatt financial services lawyer Leah Dempsey said many industries see the White House and regulatory agency focus on junk fees as "kind of a campaign issue." She said President Joe Biden will likely be "touting the war on junk fees" at his next State of the Union address. Dempsey also said there are concerns that agencies are coming to predetermined outcomes on fees.
Public Safety Spectrum Alliance (PSSA) officials made their case Friday for assigning the 4.9 GHz band to FirstNet, a proposal that faces objections on numerous fronts. A year ago, commissioners approved 4-0 a long-awaited order and Further NPRM on the band's future, establishing a national band manager governing the leasing process. The FCC also sought comment on rights and responsibilities of the band manager (see 2301180062). The PSSA has asked that a single, national licensee get the spectrum (see 2304240057).
The California Office of Emergency Services opposed a proposal by the Public Safety Spectrum Alliance urging the FCC to effectively give control of the 4.9 GHz band to FirstNet for its national public safety network (see 2401020050). Awarding the license to FirstNet “will promote commercial influence over the band by AT&T and creates potential for interference with existing and planned uses by the state and local public safety community,” said a filing posted Wednesday in docket 07-100: Such action “would undermine the Commission’s goal for the band.”
Twenty-six attorneys general urged the FCC to use its AI notice of inquiry to clarify that AI-generated calls mimicking human voices are considered “an artificial voice” under the Telephone Consumer Protection Act. Reply comments on a November notice of inquiry (see 2311160028) were due Tuesday and posted Wednesday in docket 23-362. In initial comments, CTIA and USTelecom urged that the FCC allow flexibility in how providers use AI (see 2312200039).
The California Public Utilities Commission set a two-day evidentiary hearing April 9-10 on AT&T’s application to relinquish its eligible telecom carrier (ETC) designation across the state (docket A.23-03-002). The hearing starts at 10 a.m. PST each day, said Administrative Law Judge Thomas Glegola in a Friday ruling. Under the new schedule, AT&T remains required to file rebuttal testimony by Friday (see 2310200050). Opening briefs are due May 17, reply briefs June 7, said the ruling. The CPUC expects to post a proposed decision in September, it said.