Citing a GAO report identifying fraud risks in E-rate's competitive bidding process, FCC commissioners during a meeting Tuesday unanimously approved an NPRM to establish a central online bidding portal and seek comment on requiring additional documentation from applicants (see 2111300047). The NPRM had a tweak that Commissioner Brendan Carr sought. Members also adopted 4-0 an NPRM on revising the commission’s non-geostationary orbit (NGSO) fixed satellite service (FSS) spectrum sharing rules and proposals to improve emergency alert system accessibility.
Top Republicans on the House and Senate Commerce committees pressed the FCC Monday for information on the agency’s response to the Office of Inspector General’s November report that some emergency broadband benefit providers were falsely claiming a child in a household attended a qualifying low-income school (see 2111220058). Commissioner Brendan Carr said he was “kept in the dark” about the OIG’s findings until the report’s public release (see 2111230067). OIG’s recent findings and past federal watchdog reports about “fraud and abuse” in other FCC programs “raise serious questions about” the commission’s “ability to oversee and manage its programs,” Senate Commerce ranking member Roger Wicker of Mississippi, House Commerce ranking member Cathy McMorris Rodgers of Washington and the GOP ranking members of the Communications subcommittees wrote FCC Chairwoman Jessica Rosenworcel. They noted a 2020 GAO report that said the FCC’s oversight of its E-rate program was “insufficient … to identify potential fraud risks” (see 2009160081). “The upcoming transition of the EBB” to the $14.2 billion affordable connectivity program enacted via the Infrastructure Investment and Jobs Act “provides further reason for concern,” the GOP lawmakers said. “Unlike other FCC subsidy programs, the ACP will be funded through appropriations, rather than Universal Service Fund contributions. We are concerned that the FCC may proceed with rules for a permanent ACP that do not adequately protect American taxpayers or best serve eligible households.” The lawmakers want Rosenworcel to explain by Jan. 7 when her office became “aware of fraud” in EBB, if the FCC has identified the providers that committed fraud and what actions the agency will take to “confirm the eligibility of current EBB recipients.” They also want to know whether Rosenworcel will seek comment on draft rules for ACP “from other commissioners and the public” and if the FCC will take steps to ensure “future enrollees” are eligible for the revised program. The FCC didn’t comment.
Speakers at an FCBA webinar said AI and machine learning use among financial and other companies raise questions of basic fairness, privacy and other issues that must be resolved. Speakers warned Monday there are no easy answers and current laws were passed before an era of big data.
Legislators plan to attach cyber incident reporting language to a legislative vehicle in the near future, Senate Homeland Security Committee Chairman Gary Peters, D-Mich., told us last week after bipartisan language was dropped from the National Defense Authorization Act (see 2112070067). The office for Sen. Rick Scott, R-Fla., denied Democrats’ claims that Republican “dysfunction” led to a bipartisan agreement falling apart last-minute.
Although the Bureau of Industry and Security’s new cybersecurity controls are an improvement over the restrictions proposed in 2015, the agency should still take several steps to ensure they don’t impede U.S. technology companies and inhibit information sharing in the cybersecurity sector, industry said this month. But at least one commenter said BIS should strengthen the controls by restricting a broader set of technologies and require more due diligence steps for exporters.
Senate and House lawmakers reached an agreement on compromise text that merges versions of the Uyghur Forced Labor Prevention Act from each chamber, and Rep. Jim McGovern, D-Mass., told International Trade Today on Dec. 14 that he hopes the new bill can pass the House later in the day. It is scheduled for a vote after 6 p.m. McGovern continued to say his version had been stronger than the one written by Sen. Marco Rubio, R-Fla., but said he had to consider what could get through the Senate. Rubio's bill passed the Senate under unanimous consent this summer.
FCC nominee Gigi Sohn said her connection to Locast won’t affect her views on broadcast issues, in her written responses to the Senate Commerce Committee. She promised to operate in an independent and fair manner on all issues if confirmed.
The Commerce Department can no longer make a particular market situation adjustment to an antidumping respondent's cost of production in a sales-below-cost test, the U.S. Court of Appeals for the Federal Circuit held in a Dec. 10 opinion. Cementing what the Court of International Trade has repeatedly held, a three-judge panel at the appellate court said that the statute -- in particular, a section of the 2015 Trade Preferences Extension Act -- does not permit such a PMS adjustment. Rather, the statute only allows a PMS adjustment for constructed value, the Federal Circuit said.
Legislation introduced Thursday would require social media companies to “provide vetted, independent researchers and the public with access to certain platform data.” Introduced by Sens. Rob Portman, R-Ohio; Amy Klobuchar, D-Minn.; and Chris Coons, D-Del., the Platform Accountability and Transparency Act is intended to increase transparency into companies’ internal data, which was a focus of the recent Facebook whistleblower testimony. Independent researchers would submit proposals to the National Science Foundation, and if approved, the companies would have to provide the “necessary data subject to certain privacy protections.”
China has told multinational corporations to break off ties with Lithuania or risk being shut out of the Chinese market, Reuters reported Dec. 9. The escalation comes after Lithuania's ruling coalition agreed in November 2020 to support "those fighting for freedom" in Taiwan, publicly challenging China's claim to the island nation. Further, the European Union noted that Lithuanian shipments are not being cleared through Chinese customs and that import applications from Lithuania are being rejected.