The FBI has exhibited extensive flaws in Foreign Intelligence Surveillance Act applications, DOJ Inspector General Michael Horowitz reported Tuesday. There were “apparent errors or inadequately supported facts” in all 25 randomly sampled applications. There were known issues with the investigation of Carter Page, a former Trump campaign aide (see 2003300055). Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., plans to have Horowitz testify. Disclosure of exculpatory information to a FISA court is a basic due process right, said Sens. Patrick Leahy, D-Vt., and Mike Lee, R-Utah, jointly. They will introduce an amendment for the Senate to consider to “expand amicus protections and address the issues identified.” Sen. Chuck Grassley, R-Iowa, urged the FBI to take procedures seriously: The bureau doesn’t have “carte blanche to routinely erode the liberties of Americans without proper justification.” For four of the 29 applications examined, the FBI wasn’t able to locate pertinent files involving Woods procedures, which require DOJ officials to verify information submitted to the FISA court matches FBI investigatory data. The findings raise “significant questions” about FBI compliance for ensuring applications are “scrupulously accurate,” the IG wrote, noting he doesn’t have confidence the FBI followed the procedures. This shows systemic FISA issues, said American Civil Liberties Union Senior Legislative Counsel Neema Singh Guliani: It’s “disappointing that despite repeated examples of deficiencies with our surveillance laws, Congress has failed to advance a strong surveillance reform bill.” Berkeley Center for Law & Technology Executive Director Jim Dempsey noted the report showed the “flaws are not politically motivated,” which makes them harder to solve: “The problems on display in the Carter Page process are widespread, calling into question the FBI's overall commitment to painting a full and fair picture in its FISA applications.”

Commissioners approved secure telephone identity revisited and secure handling of asserted information using tokens call authentication rules electronically before their abbreviated meeting Tuesday (see 2003310012). No items were discussed in detail. Commissioners released statements expressing some concerns about Stir/Shaken authentication rules and urging more action in response to COVID-19. The meeting lasted about 14 minutes.

T-Mobile/Sprint opponents rang alarm bells after the carriers laid the foundation to possibly close their deal without California OK (see 2003310017). Sprint advised the California Public Utilities Commission Monday evening it's relinquishing its state certificate. The two carriers moved to withdraw their wireline transfer-of-control application. It could mean the companies close the multibillion-dollar combination as soon as Wednesday, analysts said.

Huawei questioned the legality of rules barring U.S. providers from using its and ZTE's equipment in networks funded by the USF, in comments on implementation of the Secure Networks Act (see 2003120061). Filings were posted in dockets 19-351 and 19-352 Monday. “Since June 2018, Huawei has repeatedly highlighted the constitutional, statutory and procedural flaws in the Commission’s approach to addressing national security risks to the communications supply chain,” the Chinese vendor said. The Networks Act “requires the Commission to rely on specific national security determinations made by other agencies (or Congress) and does not allow the Commission (or the Bureau) to make such judgments itself,” Huawei said. ZTE cited differences between November's order (see 1911220033) and the act and said decisions about covered companies must be made by “an executive branch interagency body” not the commission acting alone. The agency should first focus on reimbursements for companies that need to replace equipment from the Chinese vendors, the Rural Wireless Association said. RWA said COVID-19 raises new concerns: “Given the unprecedented events of the last few weeks, the fact that the Secure Networks Act does not require final designation until 2021, and the ultimate desire by all parties operating covered company equipment to replace those elements as soon as practicable, the Commission should abstain from issuing any final designation public notice before March 2021.” WTA asked the FCC to reconsider its rules. “A plain reading of the Act requires the Commission to replace its current designation process with an equipment-centric approach instead of the company-centric approach it adopted,” WTA said. USTelecom said the FCC must rely on language in the National Defense Authorization Act for FY 2019 in crafting rules. The act “compels the Commission to confirm its designation of Huawei and ZTE as entities that produce covered equipment,” the group said: The earlier supply chain order "presented significant evidence describing why both Huawei and ZTE warrant designations as ‘companies that pose a threat to national security.’”

Ray Baum's Act addresses how the FCC adjusts its regulatory fee schedule but doesn't give the agency authority to charge those fees to foreign-licensed satellite systems, Eutelsat, Inmarsat, Telesat, ViaSat, Kepler and OneWeb representatives told International Bureau and Office of the Managing Director staffers. That's according to a docket 19-105 posting Tuesday. The fees are proposed as part of the FY 2020 fee schedule (see 1912090053). Most pay "substantial" fees to their home jurisdictions, and might respond to the FCC by raising their own fees, the satellite operators said. They said market access grants aren't licenses, so charging foreign-flagged systems wouldn't be consistent with how the FCC charges U.S.-licensed systems. Most had a similar meeting with the Office of General Counsel.

Replies show little emerging consensus on an NPRM commissioners approved 5-0 at their December meeting (see 1912120063) proposing to remove existing nonfederal secondary and amateur allocations in the 3.3-3.55 GHz band and to relocate incumbent nonfederal operations. Amateur radio operators raised concerns right after the rulemaking was approved (see 2002180056). Replies were posted through Tuesday in docket 19-348.

The Department of Transportation asked the FCC to drop plans to reallocate part of the 5.9 GHz to public safety. Commissioners voted 5-0 in December to examine revised rules for the band, reallocating 45 MHz for Wi-Fi, with 20 MHz reserved for cellular vehicle to everything (V2X) and possibly 10 MHz for dedicated short-range communications (see 1912180019). When the FCC will act is unclear (see 2003090059). “The preservation of the entire 5.9 GHz band for V2X communications offers the Nation an advantage for maintaining and extending leadership in the deployment of innovative V2X applications, including those related to automation,” DOT said in a filing in docket 19-138, posted Monday: “These safety innovations and improvements may be lost should the Commission proceed with its proposed reallocation of the 5.9 GHz band.” The issues are complicated, DOT said. The department “remains of the view that the Commission's proposal fails to account for all relevant factors bearing upon its proposal, including V2X spectrum benefits, technology maturity, innovation and growth in V2X applications, and the likelihood of harmful interference from adjacent-channel Wi-Fi operations.” The FCC also never “addressed the concerns that US DOT previously raised about the NPRM before it was issued,” the filling said. Advocates for Highway and Auto Safety said the entire band should be reserved for safety to curb deaths and injuries on U.S. roads. “Repurposing a section of the band reserved for vehicle safety communications to permit unlicensed operations presents substantial safety concerns,” the group said in a filing posted Tuesday: “The messages transmitted on the band for connected vehicle technologies must be secure, timely and accurate in order to save lives. If these messages were infected or altered by hackers and vehicles performed unintended maneuvers, the results could be catastrophic.”

The Department of Transportation asked the FCC to drop plans to reallocate part of the 5.9 GHz to public safety. Commissioners voted 5-0 in December to examine revised rules for the band, reallocating 45 MHz for Wi-Fi, with 20 MHz reserved for cellular vehicle to everything (V2X) and possibly 10 MHz for dedicated short-range communications (see 1912180019). When the FCC will act is unclear (see 2003090059). “The preservation of the entire 5.9 GHz band for V2X communications offers the Nation an advantage for maintaining and extending leadership in the deployment of innovative V2X applications, including those related to automation,” DOT said in a filing in docket 19-138, posted Monday: “These safety innovations and improvements may be lost should the Commission proceed with its proposed reallocation of the 5.9 GHz band.” The issues are complicated, DOT said. The department “remains of the view that the Commission's proposal fails to account for all relevant factors bearing upon its proposal, including V2X spectrum benefits, technology maturity, innovation and growth in V2X applications, and the likelihood of harmful interference from adjacent-channel Wi-Fi operations.” The FCC also never “addressed the concerns that US DOT previously raised about the NPRM before it was issued,” the filling said. Advocates for Highway and Auto Safety said the entire band should be reserved for safety to curb deaths and injuries on U.S. roads. “Repurposing a section of the band reserved for vehicle safety communications to permit unlicensed operations presents substantial safety concerns,” the group said in a filing posted Tuesday: “The messages transmitted on the band for connected vehicle technologies must be secure, timely and accurate in order to save lives. If these messages were infected or altered by hackers and vehicles performed unintended maneuvers, the results could be catastrophic.”

Advertisers raised the specter of litigation Tuesday as a Maryland digital tax bill neared final passage. Maryland state senators amended a smoking tax bill (HB-732) Monday to include the text of SB-2 that would impose taxes on annual gross revenue from digital ad services, ranging from 2.5% to 10%, for companies exceeding $100 million annual revenue. A New York state senator proposed a similar bill there on Friday.

Advertisers raised the specter of litigation Tuesday as a Maryland digital tax bill neared final passage. Maryland state senators amended a smoking tax bill (HB-732) Monday to include the text of SB-2 that would impose taxes on annual gross revenue from digital ad services, ranging from 2.5% to 10%, for companies exceeding $100 million annual revenue. A New York state senator proposed a similar bill there on Friday.