Industry groups largely questioned the wisdom of using the voluntary cyber mark program for IoT devices, approved in March, to further clamp down on international security threats. But the proposals also received some support from the Internet Protocol Video Market (IPVM) and Whirlpool. FCC commissioners approved 5-0 a Further NPRM, along with the implementing order, asking about software and hardware from countries of national security concern and whether data from U.S. citizens will be stored abroad (see 2403140034). Comments were posted Thursday in docket 23-239.

Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.

California state and local enforcers could seek injunctive relief for digital discrimination under modification to a bill by Assemblymember Mia Bonta (D). The Assembly Judiciary Committee approved AB-2239 with the amendment at a livestreamed meeting Tuesday. The panel and the Senate Judiciary Committee also considered multiple bills on algorithms and social media.

Most ex parte meetings on the net neutrality order have focused on Chairwoman Jessica Rosenworcel and her fellow Democrats Geoffrey Starks and Anna Gomez, with about twice as many meetings as with the Republicans, based on our count. Industry officials said that’s not surprising, saying Commissioners Brendan Carr and Nathan Simington certainly will dissent and have little leverage to seek changes. Commissioners vote Thursday.

Industry and consumer groups have lobbied the FCC in recent days on whether to maintain its proposed language regarding forbearance of Universal Service Fund (USF) contributions for broadband internet access service (BIAS) in its draft order restoring net neutrality rules, according to an analysis of recent ex parte filings in docket 23-320. The FCC in its draft order to be considered Thursday during the commissioners' open meeting tentatively decided to grant ISPs forbearance from Communications Act Section 254(d) requirements, which govern USF contributions (see 2404050068).

Congress should eliminate the FCC’s data breach notification authority and instead allow the FTC to regulate through a federal privacy law, a privacy-focused telecom association told House Commerce Committee members Wednesday (see 2404160034).

Multichannel video programming distributors (MVPDs) redoubled their arguments against a proposed requirement that gives subscribers a rebate when a retransmission consent talk impasse results in a blackout. Arguments were made in reply comments filed in docket 24-20 this week. Initial comments were in March (see 2403110057). Localities and broadcasters jabbed at MVPD contentions. Also, broadcasters and MVPDs are at odds over a proposed blackout reporting mandate (see 2402270044).

A Maine privacy bill with strict data minimization standards is moving to the final stages. The joint Judiciary Committee voted 7-1 Tuesday evening to say that the Democratic caucus’ LD-1977 “ought to pass,” while rejecting a Republican alternative (LD-1973). A nuanced exemption for broadband providers, currently in LD-1977, could mean that the proposed law would still apply to mobile services provided by a company that’s covered by the state’s 2019 ISP privacy law, two consumer privacy advocates said Wednesday.

Several industry groups, state officials and organizations raised concerns about a pending request for the FCC to grant a brief amnesty period for Rural Digital Opportunity Fund Phase I auction and Connect America Fund Phase II auction support recipients that are unable to fulfill their deployment obligations (see 2403060031). Groups urged the FCC in comments posted Wednesday in docket 19-126 to ensure providers that relinquish locations be prohibited from seeking support through NTIA's broadband, equity, access and deployment program for the same locations.

ACA Connects asked the FCC to grant smaller providers additional time to comply with certain requirements in its proposed rules reclassifying broadband as a Communications Act Title II telecom service. During a meeting with an aide to Commissioner Geoffrey Starks, the group sought six months for smaller providers "to analyze the impact" of Title II and any new net neutrality rules, "as well as assess the interaction of Title II and the digital discrimination rules and state requirements." In a separate letter to the commission, CTIA and USTelecom asked the FCC to classify domain name systems (DNS) and caching as information services under the Communications Act. DNS and caching "remain integral parts of providers’ BIAS offerings, making those offerings information services under the Communications Act," the groups said.