State net neutrality laws will remain a critical fail-safe even if the current FCC can restore national rules, Democratic authors of California and Washington state measures told us this week. FCC Chair Jessica Rosenworcel announced this week the agency will pursue rules, saying a national policy is better than a state patchwork (see 2309270056 and 2309260047). Title II reclassification may give the FCC legal basis to preempt state laws, said some telecom law experts.
The FCC's draft NPRM that would kick off the agency's efforts to reestablish net neutrality rules largely mirrored the commission's 2015 order, according to our analysis of the draft. Commissioners will consider the item during an October open meeting that will include a full commission for the first time under Chairwoman Jessica Rosenworcel despite a potential government shutdown (see 2309270056). Meanwhile, FCC Commissioner Nathan Simington said the FCC’s net neutrality push is not about protecting free speech but about protecting some tech companies.
The FCC’s Oct. 19 meeting is packed, with items on 6 GHz rules, Wi-Fi on school buses, wireless emergency alerts, video programming for the blind and visually impaired, maternal healthcare and other items. That's aside from the NPRM on net neutrality, which is expected to grab most of the attention (see 2309270056). The meeting will be the first with new Commissioner Anna Gomez and the first with a 3-2 Democratic majority during the Biden administration.
FCC Chairwoman Jessica Rosenworcel defended an anticipated proceeding that will kick off the commission's efforts to reestablish net neutrality rules (see 2309260047). "We've made it a national policy to make sure broadband reaches everyone, everywhere," she said during a Wednesday Axios event: "I think we should make it a national policy to make sure it's open and not just leave this issue to the states." Rosenworcel in an FCC note also previewed the draft item to be released Thursday, saying commissioners will vote next month on a proposal to begin the process of restoring the FCC’s "overwhelmingly popular" rules.
The FCC's abdicating its internet oversight authority in 2017 largely neutered the agency's ability to protect online privacy and to require ISPs to address lengthy outages, Chairwoman Jessica Rosenworcel said Tuesday as she announced the agency was moving to take that authority back. Reclassification of broadband as a service under Title II would end having to often jury-rig legal justifications for actions the agency is taking, she said, saying October's agenda will include a draft NPRM on reinstating the agency's 2015 net neutrality rules. The move met loud criticism, including from inside the FCC, as well as support.
APCO Chief Counsel Jeff Cohen urged the FCC to “proceed as soon as possible” on rules requiring location-based routing for wireless calls to 911 (see 2309110042), in a meeting with an aide to FCC Chairwoman Jessica Rosenworcel. Cohen also raised related rules on next-generation 911 communications, said a filing posted Monday in docket 21-479. “The Commission must approach rules for NG9-1-1 in a manner that promotes a common understanding of the public safety community’s goals and expectations for NG9-1-1 and does not conflict with the comprehensive vision and definitions outlined in pending federal NG9-1-1 funding legislation,” APCO said: “The single most important step the Commission can take would be to adopt requirements for achieving interoperability between originating service providers and 9-1-1 service providers, and among 9-1-1 service providers.”
Sen. Ed Markey, D-Mass., led a letter with Communications Subcommittee Chairman Ben Ray Lujan of New Mexico and 25 other Senate Democratic caucus members Monday urging the FCC to "expeditiously reclassify broadband as a telecommunications service under" Communications Act Title II to undergird a potential rewrite of net neutrality rules. Lawmakers in both parties are eyeing the FCC's regulatory trajectory on net neutrality and other matters as Commissioner-designate Anna Gomez takes office, which would bring the commission to a 3-2 Democratic majority (see 2309200001). A renewed push for Title II reclassification, a Democratic priority since the FCC undid its 2015 net neutrality rules, would allow the commission to "effectively protect consumers from harmful practices online, promote affordable access to the internet, enhance public safety, increase marketplace competition, and take other important steps to benefit our nation’s digital future," Markey and the other senators wrote Chairwoman Jessica Rosenworcel. The FCC's rescission of the 2015 Title II reclassification "threw out most of the Commission’s ability to enforce the consumer protection, competition, public safety, and universal service principles at the heart of the" Communications Act. "Repeated court rulings have made clear that reclassifying broadband as a telecommunications service is the only way the FCC can use its legal authority to reinstate net neutrality," the senators said: Reclassification "is a requisite step in the FCC’s efforts to serve the American people and conduct proper oversight of broadband." Title II opponents, including Commissioner Brendan Carr, have recently amplified their warnings that the Supreme Court's establishment of the major questions doctrine in its 2022 West Virginia v. EPA ruling (see 2206300066) would render reclassification unconstitutional absent congressional action.
Interest is still high in both the House and Senate in including a temporary restoration of the FCC’s auction authority in a continuing resolution to extend federal appropriations past the end of FY 2023 Sept. 30 (see 2309190001), but some on and off Capitol Hill now believe attaching the narrower 5G Spectrum Authority Licensing Enforcement Act (S-2787) is a more viable option for breaking the mandate logjam. Lobbyists believe the chances S-2787 will appear in a Senate-side CR improved considerably after the chamber passed the measure Thursday via unanimous consent.
The FCC voted Thursday to streamline satellite applications, provide spectrum for commercial space launches, limit robocaller access to phone numbers, and target a robocalling enterprise with a $116 million forfeiture. Commissioner-designate Anna Gomez didn’t attend the agency's open meeting, which is expected to be the last one with FCC’s current 2-2 makeup. FCC Chairwoman Jessica Rosenworcel declined to say what the agency’s path might be once she has a Democratic majority, “We had four members of the agency here today” and there will be “five in the not-too-distant future, so I would recommend you stay tuned,” Rosenworcel said during a news conference. The agency also approved an order updating the 5G Fund for Rural America (see 2309210035).
Industry groups sought clarification of a draft FCC order and Further NPRM that would address concerns about numbering resources for VoIP providers and general oversight of numbering access. Commissioners will consider the item during their open meeting Thursday (see 2308310059). The Voice on the Net Coalition urged the FCC to make targeted edits on certification requirements and compliance with state regulations.