Broadband experts debated the effectiveness of the FCC's digital discrimination order during a Broadband Breakfast webinar Wednesday. Panelists disagreed on whether the rules will lead to rate regulation or overreaching enforcement actions. Adopted by a 3-2 vote during a November agency meeting, the rules were mandated by the Infrastructure Investment and Jobs Act (see 2311150040).
The U.S. Supreme Court might opt to avoid likely fights over the FCC's digital discrimination rules or proposed Title II net neutrality rules, Andrew Schwartzman, Benton Institute for Broadband & Society's senior counselor, told Communications Daily this month. In an extensive sit-down interview, Schwartzman spoke about his long career as a public interest advocate within telecommunications, evolution of that domain, and how the FCC's net neutrality regulatory push is not merely a repeat of the past. The following transcript of our conversation was edited for length and clarity.
DOD’s recent transmission to Congress of its study of the potential effects of commercial 5G use of the 3.1-3.45 GHz band on incumbent military systems likely means spectrum policy will be a larger focus during the House Communications Subcommittee’s Thursday FCC oversight hearing than earlier thought given Republican opposition to some agency actions since it gained a Democratic majority in September, lawmakers and lobbyists said in interviews. Subpanel members’ opinions about the FCC’s proceeding aimed at restoring most of its rescinded 2015 net neutrality rules and the commission’s adoption of digital discrimination rules earlier this month are still highly likely to be the central feature of the hearing (see 2311210073).
Multiple U.S. Supreme Court justices seemed skeptical Wednesday of regulatory agency power when it comes to handling adjudications differently from court proceedings -- specifically the right to trial by jury (docket 22-859). The SEC, in SEC v. Jarkesy, is seeking to overturn a 2022 decision by the Fifth U.S. Circuit Court of Appeals rejecting the agency's administrative judgment in a securities fraud case. The appellate court decision was seen having implications for administrative law judge (ALJ) power at regulatory agencies broadly, including the FCC (see 2205260050).
OpenAI CEO Sam Altman is “genuinely a hero,” ex-Google CEO Eric Schmidt said Tuesday while discussing Altman’s recent ouster and reinstatement at the company (see 2311170065).
The California Public Utilities Commission should reject a proposed change to NTIA’s broadband, equity, access and deployment (BEAD) model rules that would affect how the state treats licensed fixed wireless (LFW) services, wireless industry groups said this week. The CPUC released comments Tuesday on volumes one and two of draft BEAD initial proposals (docket R.23-02-016). AT&T, CTIA and California’s cable association urged the commission to reject a cheap broadband requirement proposed in case Congress doesn’t renew the affordable connectivity program (ACP).
Laura Lacarra, Telefonica's senior technology evangelist, stressed the importance of moving to a new paradigm where carriers deliver services through standardized application programmable interfaces (APIs). During an Informa Tech webinar Tuesday, Lacarra cited the work of GSMA and the “Open Gateway” initiative announced earlier this year (see 2302270069). Other experts at the webinar agreed on the importance of moving to APIs and shifting to the cloud.
The Interdepartment Radio Advisory Committee (IRAC), the longest-standing federal telecom advisory committee, predating the FCC, is expected to continue to play an important role in developing spectrum policy, though now it will work with the new Interagency Spectrum Advisory Council (ISAC), industry experts said. Some details about how IRAC and ISAC will collaborate remain to be determined, they added. The administration released its long-awaited national spectrum strategy, and a presidential memorandum on modernizing U.S. spectrum policy, two weeks ago (see 2311130048).
FCC Chairwoman Jessica Rosenworcel endorsed the Senate-passed 5G Spectrum Authority Licensing Enforcement Act (HR-5677/S-2787) and further congressional action to strengthen the FCC’s ability to combat illegal robocalls, according to letters to lawmakers the commission posted online Monday. S-2787 lead sponsor Sen. John Kennedy, R-La., and other backers of the measure have restarted their push for House action on the bill, which would give the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year (see 2309220057). Senate Communications Subcommittee leaders voiced frustration last month with DOJ’s perceived reluctance to enforce existing anti-robocall statutes (see 2310240065).
Concerns about a “doom” scenario from AI and risks from generative AI are overstated, Adam Thierer, senior fellow-technology and innovation team at the R Street Institute, said during a Broadband Breakfast webinar Wednesday. “Things have gotten really out of control, and we’re being led around by a lot of people who have Terminatoresque fantasies floating through their heads,” Thierer said. Other speakers said AI poses potential risks but could have widespread benefits. The discussion comes as policymakers explore controls (see 2311150054), with the FCC looking at the technology's benefits and threats (see 2311150042).