CTA urged the FCC to base its proposed voluntary cybersecurity labeling program for smart devices on existing National Institute of Standards and Technology guidance, in comments posted Tuesday (see 2308100032). Other commenters urged the FCC to proceed with caution and involve industry in developing the program. Products would be labeled with the "U.S. Cyber Trust Mark" logo, for which the FCC is seeking registration from the U.S. Patent and Trademark Office. Comments were due at the FCC Friday on an August NPRM (see 2307180054).

NTIA sided with consumer groups and urged the FCC to adopt a broad definition of digital discrimination to include disparate treatment and disparate impact. In a filing posted Friday in docket 22-69, the agency said the commission should also consider actions complying with its broadband, equity, access and deployment program to be "considered presumptively lawful under the digital discrimination rules."

Reclassifying broadband as a Title II service would give the FCC more authority to do national security and public safety oversight, said a commission fact sheet released Thursday. "Currently, no federal agency can effectively monitor or address broadband outages that threaten jobs, education, and public safety," the release said, and "while the FCC has acted on a bipartisan basis to secure our communications networks against companies controlled by hostile foreign governments, the lack of specific authority over broadband leaves open a national security loophole." The proposal would allow the agency to require providers to report and fix internet outages as it does for voice services, ensure the FCC can "deny companies controlled by hostile foreign governments access to our broadband networks," and support ongoing efforts to enhance the resiliency of broadband networks. A USTelecom spokesperson said extending Title II to "critical issues involving national security and cybersecurity is proof positive that this is a major question that must be dealt with by Congress.” Former Commissioner Mike O’Rielly, meanwhile, sees the draft NPRM, released last week, as “mostly old rhetoric.” The commission “is just going through the motions via a retread of stale arguments and disproven claims, parts seem almost lazy and unthoughtful,” O’Rielly emailed: “I am somewhat surprised by the bizarre add of [Section] 214, which brings a world of unnecessary messiness, and privacy/security, [over] which the agency has no authority left. It may be just an NPRM but biting off those issues and others while not fully closing the door to rate regulation are substantive and tactical mistakes. Overall, the text doesn't fill in the intellectual missing pieces.”

The FTC’s proposed merger filing changes will cost billions for combining parties and won’t benefit consumers, telecom and tech associations told the agency in comments filed by due date Wednesday. Progressive lawmakers countered that lax antitrust rules have contributed to mass consolidation and harmed consumers. The FTC and DOJ requested comments in June on proposed changes to the Hart-Scott-Rodino premerger notification process.

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.

E-rate groups, industry and state officials welcomed the FCC's proposals to expand access to the program and streamline its requirements, in comments posted Tuesday in docket 02-6. Commissioners adopted the Further NPRM in July as part of an order expanding access to E-rate for tribal libraries (see 2307200041). Some sought more guidance on certain rules and more flexibility for applicants seeking category two support.

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.

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).

House Communications Subcommittee Chairman Bob Latta, R-Ohio, and ranking member Doris Matsui, D-Calif., said during a Thursday hearing they’re signing on to the USF working group that Senate Communications Subcommittee leaders formed in May to evaluate how to move forward on a comprehensive revamp of the program that may update its contribution factor to include non-wireline entities (see 2305110066). The Thursday hearing largely focused on USF revamp and possible integration of the affordable connectivity program, as expected (see 2309120059).

Senate Republican Conference Chairman John Barrasso, R-Wyo., and Sen. Kyrsten Sinema, I-Ariz., filed the Closing Long Overdue Steamlining Encumberances to Help Expeditiously Generate Approved Permits (Close the Gap) Act Wednesday in a bid to streamline federal siting processes for broadband projects. The measure would direct the Agriculture and Interior departments to issue new regulations to streamline the process for broadband applications on federal land. It would also create new National Environmental Policy Act and National Historic Preservation Act review exemptions, including for projects on land that’s previously been permitted for deployments and collocation or replacement of radios on existing towers. “It shouldn’t take years for internet service providers to get approval to install or make simple repairs on federal land,” Barrasso said. “Streamlining the permitting process is a vital step in closing the digital divide in rural communities.” FCC Commissioner Brendan Carr hailed the Close the Gap Act, saying in a statement it “would accelerate high-speed Internet builds across rural and remote parts of the country. For too long, a cumbersome and outdated permitting process has delayed and deterred broadband builds on Federal lands,” where “installing Internet infrastructure is vital to reaching those communities that remain on the wrong side of the digital divide.” Barrasso’s office cited support from the Competitive Carriers Association, CTIA, Dish, the Fiber Broadband Association, NCTA, NTCA, T-Mobile, The Permitting Institute, USTelecom and WTA.