After reading briefs in South Dakota v. Wayfair, Justice Stephen Breyer concluded both sides are “absolutely right.” That came in Tuesday oral argument on whether to reverse a precedent shielding online retailers from state and local tax collection (see 1804160059).
Beyond agreeing Communications Act Title II net neutrality rules are bad, speakers at a Federalist Society event clashed over of paid prioritization and whether it should be permissible even without Title II oversight. Also Tuesday, a House subcommittee held a paid prioritization hearing (see 1804170037) while states also considered net neutrality bills (see 1804170057).
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 FCC approved a public notice on the first auctions of millimeter-wave spectrum for 5G. The Tuesday vote was 5-0, though Commissioner Mignon Clyburn concurred, at what she later said is her last meeting, because of her concern the notice should ask additional questions (see 1804170021). A day earlier, CTIA said the U.S. is falling behind China in the race to the next generation of wireless (see 1804160056). U.S. carriers have been focused on high frequency bands in their initial rollouts of 5G with tests underway and commercial launches expected later this year.
The FCC unanimously approved rural calling and business data service items at its commissioners' meeting Tuesday. An order and Further NPRM seek to improve rural call completion (RCC) by making originating long-distance providers accountable for intermediate carrier performance and by launching a rulemaking to implement a new rural call quality law. A separate NPRM looks at allowing certain rural telcos to shift their BDS offerings from rate-of-return regulation to incentive-based price caps. Commissioners cited some changes made to drafts (here and here) circulated by Chairman Ajit Pai (see 1803280046). Commissioner Mike O'Rielly again backed an extended jurisdictional separations freeze (see 1802230019).
Debate during a House Communications Subcommittee hearing centered on divergent visions of the effect of instituting a new ban on paid prioritization of internet transmissions instead of movement toward consensus. Restriction supporters and opponents have said an agreement on the issue is necessary for compromise net neutrality legislation to advance (see 1804160058). Republicans argued against including an outright ban on the grounds it would harm emerging technologies and specialized services. Democrats favored reinstituting the type of ban included in the now-rescinded 2015 net neutrality rules, arguing the restriction included sufficient exemptions to protect a range of stakeholders. Also Tuesday, California and Colorado lawmakers advanced net neutrality state legislation (see 1804170057), while paid prioritization was discussed at a panel event (see 1804170046).
The FCC approved 5-0 an NPRM that proposes to bar use of money in any USF program to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain, as expected (see 1804110032). Commissioners said the NPRM was expanded while on the eighth floor to ask additional questions, including on what the FCC could do beyond the USF. Small carriers, especially members of the Rural Wireless Association, expressed concerns because many use devices and equipment provided by Chinese suppliers Huawei and ZTE. For other ZTE news Tuesday: 1804170018.
Mignon Clyburn's April meeting will be her last as a commissioner, she announced (see 1804170021) at the end of Tuesday’s FCC meeting. Clyburn told us she doesn’t have a firm date for when she will leave the job she has held since August 2009, but it will be before the FCC next meets May 10. As acting chairwoman for part of 2013, Clyburn was the first woman to head the agency, noted Chairman Ajit Pai, who praised her as did all other members. “You can’t ask for a better opportunity,” she said of her time on the FCC. “It’s time to start a new chapter.” There was no word Tuesday on nomination of Enforcement Bureau Assistant Chief Geoffrey Starks, Clyburn’s presumptive successor (see 1803200055).
As EU data protection authorities pan ICANN's proposed interim plan for to comply with the EU general data protection regulation (GDPR), the question becomes: What, in practical terms, will happen to the Whois database May 25, the effective date of the new law? Horror stories about threats to internet security, intellectual property rights protection and law enforcement activities arising from GDPR compliance abound. Some we spoke with said ICANN missing the compliance date could be a mess, but others said things aren't that dire.
Former Obama adviser Phil Weiser pledged to take on the Republican FCC and support local broadband if elected Colorado attorney general in November. Weiser supports state legislation to provide open-internet protections for Coloradans and would join other Democratic state AGs’ net neutrality lawsuit against the FCC, he said in an interview. Also, Weiser supports eliminating Colorado’s ban on municipal broadband to increase internet access across the mountainous state. “I’m the partner for every county commission and local community.” Weiser, in his first bid for office, was deputy assistant attorney general and senior adviser for technology and innovation for President Barack Obama.