Appearances of FCC Chairman Ajit Pai and Commissioners Brendan Carr and Mike O’Rielly at the American Conservative Union's February Conservative Political Action Conference (see 1802230037) were “consistent with a long tradition” of commissioners “contributing to robust debate on issues of importance to the agency and nation,” said FCC General Counsel Thomas Johnson last week in a letter to House Commerce Committee Democrats. House Commerce ranking member Frank Pallone, D-N.J., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., raised concerns in March (see 1803260040). The Project on Government Oversight cited O’Rielly calling for re-election of President Donald Trump as a potential violation of the Hatch Act, which restricts government officials' partisan political activity (see 1802270035). On the advice of FCC lawyers (see 1803020033), Pai turned down a musket presented in connection with the National Rifle Association's Charlton Heston Courage Under Fire Award, awarded at CPAC for his role in the rollback of 2015 net neutrality rules and in dealing with the hostile fallout. The commissioners’ “ability to accept prominent speaking engagements like this one helps promote transparency and accountability and encourages public participation and interest in Commission rulemakings, without contravening applicable ethics obligations,” Johnson told lawmakers. He cited commissioners’ appearances in recent years at events sponsored by the Center for American Progress, Rainbow/PUSH Coalition, Progressive Policy Institute, Heritage Foundation and Federalist Society to illustrate a ‘tradition of bipartisan participation in a broad array of legal and public policy conferences” that “does not, and has never been understood to, violate applicable ethics rules.” Participation in CPAC “is not political activity, as defined by the Hatch Act,” so “there was no need for any Commissioner to abide by the limitations that the Act places on the use of appropriated funds, official staff, or agency resources in connection with such activity,” Johnson said. The lawmakers “asked the Commissioners legitimate questions and expected them to respond, not to hide behind their lawyer,” Pallone said in a statement. “The general counsel did not provide any legal reason why the Commissioners could not respond, and we still expect the Commissioners to answer our questions.”

Senate Judiciary Committee members and Patent and Trademark Office Director Andrei Iancu expressed willingness Wednesday to explore legislative proposals on patent eligibility issues for artificial intelligence. Two Supreme Court decisions -- Alice Corp. v. CLS Bank International and Mayo v. Prometheus -- created “significant confusion” for applying traditional patent protections to AI algorithms, Iancu said during an oversight hearing. PTO can issue certain guidance and better clarity surrounding AI patent application, but “it’s not easy” since the office has those two cases for context. “If there is an interest in this committee or elsewhere, we would be very happy to work with you toward a solution,” Iancu said.

The FCC played down the policy influence of Elizabeth Pierce -- the Broadband Deployment Advisory Committee ex-chair arrested by the FBI last week for alleged wire fraud involving an Alaska fiber project (see 1804130055) -- after a government watchdog urged the commission to review the Quintillion ex-CEO’s BDAC work from April 2017 to September. Pierce’s alleged crimes accentuate local concerns about corporate control of the BDAC, said former member San Jose Mayor Sam Liccardo, who in January resigned in protest of imbalance between corporate and local members. One BDAC member defended the group.

Senate Judiciary Committee members and Patent and Trademark Office Director Andrei Iancu expressed willingness Wednesday to explore legislative proposals on patent eligibility issues for artificial intelligence. Two Supreme Court decisions -- Alice Corp. v. CLS Bank International and Mayo v. Prometheus -- created “significant confusion” for applying traditional patent protections to AI algorithms, Iancu said during an oversight hearing. PTO can issue certain guidance and better clarity surrounding AI patent application, but “it’s not easy” since the office has those two cases for context. “If there is an interest in this committee or elsewhere, we would be very happy to work with you toward a solution,” Iancu said.

The FCC played down the policy influence of Elizabeth Pierce -- the Broadband Deployment Advisory Committee ex-chair arrested by the FBI last week for alleged wire fraud involving an Alaska fiber project (see 1804130055) -- after a government watchdog urged the commission to review the Quintillion ex-CEO’s BDAC work from April 2017 to September. Pierce’s alleged crimes accentuate local concerns about corporate control of the BDAC, said former member San Jose Mayor Sam Liccardo, who in January resigned in protest of imbalance between corporate and local members. One BDAC member defended the group.

Senate Judiciary Committee members and Patent and Trademark Office Director Andrei Iancu expressed willingness Wednesday to explore legislative proposals on patent eligibility issues for artificial intelligence. Two Supreme Court decisions -- Alice Corp. v. CLS Bank International and Mayo v. Prometheus -- created “significant confusion” for applying traditional patent protections to AI algorithms, Iancu said during an oversight hearing. PTO can issue certain guidance and better clarity surrounding AI patent application, but “it’s not easy” since the office has those two cases for context. “If there is an interest in this committee or elsewhere, we would be very happy to work with you toward a solution,” Iancu said.

California and Colorado lawmakers advanced net neutrality state legislation. The Colorado House voted 35-28 on party lines to pass HB-1312 to restrict state broadband support to companies that adhere to net neutrality principles. The bill will die in the Republican Senate, predicted its House sponsor. In California, a Senate panel had enough Democratic votes to clear an amended SB-822 by state Sen. Scott Wiener (D), but the vote wasn't yet final. Also Tuesday, a House subcommittee held a paid prioritization hearing (see 1804170037).

California and Colorado lawmakers advanced net neutrality state legislation. The Colorado House voted 35-28 on party lines to pass HB-1312 to restrict state broadband support to companies that adhere to net neutrality principles. The bill will die in the Republican Senate, predicted its House sponsor. In California, a Senate panel had enough Democratic votes to clear an amended SB-822 by state Sen. Scott Wiener (D), but the vote wasn't yet final. Also Tuesday, a House subcommittee held a paid prioritization hearing (see 1804170037).

The 10th U.S. Circuit Court of Appeals decision that Ace American Insurance has no duty to defend or indemnify Dish Network in a Telephone Consumer Protection Act (TCPA) telemarketing lawsuit (see 1802220063) puts Colorado "out of step" with every other state where the issue has come up and "sows discord" on doctrine, Dish said in a docket 17-1140 petition (in Pacer) for a panel rehearing and rehearing en banc posted Friday. Dish said the panel decision makes it impermissible under Colorado law to insure statutory liquidated damages for even purely accidental violations, creating "an unnecessary windfall" for insurers that long have recognized they need to include TCPA exclusions in insurance policies in order to deny coverage. It said Ace's argument that Colorado public policy barring insurance coverage for some types of wrongful coverage included for TCPA statutory damages has been repeatedly raised in many states by insurers, but was always rejected until the 10th Circuit, that result being "confusion and disruption." Ace outside counsel didn't comment Monday.

Microsoft representatives encouraged the FCC to resolve various petitions for reconsideration on the TV white spaces (TVWS), in a meeting last week with Julius Knapp, chief of the Office of Engineering and Technology, and other OET officials. Microsoft also raised other white spaces issues, said a filing in docket 16-56: “Specifically, we discussed the need to maintain the WMTS [wireless medical telemetry service] exclusion zones in Channel 37 and to replace the push notification requirement with fast-polling channels. We also thanked OET for its approval of Microsoft’s amended experimental license for the use of TVWS on school buses in Michigan.” OET amended Microsoft’s license last week (see 1804020040).