Industry groups continued to disagree on whether the FCC should include an assessment of broadband speed benchmarks and higher speed goals in its annual report to Congress about the state of broadband deployment and competition. At issue is Chairwoman Jessica Rosenworcel's proposal in the agency's notice of inquiry to increase the definition of broadband to 100/20 Mbps with a long-term goal of reaching 1 GB/500 Mbps. Reply comments were posted Tuesday in docket 22-270 (see 2312040024).
Industry and consumer groups clashed on whether the FCC should reclassify broadband internet access as a Title II service under the Communications Act in comments posted through Friday in docket 23-320 (see 2310190020). Commenters against reclassification warned that it would stifle innovation and competition. Supporters said the proposal would ensure consumers have equal access to broadband ahead of anticipated federal broadband deployment programs.
After a span of frequent unanimity among the FCC commissioners, this week brought a spate of dissents from GOP commissioners, with no votes at Wednesday's open meeting coming after dissents the previous day on an order upholding a Wireless Bureau decision excluding SpaceX from participating in the Rural Digital Opportunity Fund program (see 2312130004). At the December meeting, Commissioners Brendan Carr and Nathan Simington raised the specter of the federal government increasing rate regulation in dissents against the MVPD early termination fees (ETF) NPRM. They complained that the data breach notification rules were an attempt to sidestep the Congressional Review Act.
EU privacy law will change to address the challenges of AI and other technologies, European Data Protection Supervisor (EDPS) Wojciech Wiewiorowski told Communications Daily in a wide-ranging interview. He is urging governments not to wait for global privacy solutions to emerge before regulating AI but to use existing tools.
President Joe Biden is expected to sign the 5G Spectrum Authority Licensing Enforcement Act (S-2787), communications policy lobbyists told us. As expected, the House approved the bill by voice vote Monday night (see 2312110062). The measure, which the Senate passed in September, and its House Commerce Committee-cleared companion HR-5677 (see 2312050076) 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. S-2787’s passage drew praise from some lawmakers and communications sector stakeholders, but they made clear it’s a stopgap measure, required after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s lapsed general auction authority. The White House didn't comment.
The House was expected to vote as soon as Monday night on the Senate-approved version of the 5G Spectrum Authority Licensing Enforcement Act (S-2787), as expected (see 2312060073), amid hopes of salvaging at least incremental progress after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s general auction authority. FCC Commissioner Brendan Carr and former commission and State Department officials highlighted during a Center for Strategic and International Studies event the importance of Congress reauthorizing the spectrum auction mandate and reaching a consensus that will allow the U.S. to reclaim a top leadership role in wireless innovation.
A week ahead of Wednesday’s FCC commissioner vote on revised data breach reporting requirements, providers and major industry associations raised concerns about the proposed rules (see 2311220047) and whether they would withstand a court challenge. Filings on meetings with commissioner staff and other FCC officials were posted Thursday in docket 22-21. Only NCTA raised concerns in the docket prior to Thursday (see 2312060037).
NCTA representatives raised concerns about proposed data breach reporting requirements, set for a Dec. 13 FCC commissioner vote. The filing was the first in the data breach docket since the draft order was circulated (see 2311220047). “By expanding both the data covered by the rules and the types of harms that might trigger reporting and notification, the proposed regime would substantially increase the volume of reporting and customer notifications, lead to considerable notice fatigue by customers, and unnecessarily increase the burdens on providers, without producing any meaningful benefit or valuable insight to the Commission or other federal agencies,” said the filing, posted Wednesday in docket 22-21. NCTA met with aides to Chairwoman Jessica Rosenworcel and Commissioner Anna Gomez, joined by representatives of Comcast, Charter Communications and Cox Enterprises.
Industry and consumer groups disagreed on whether updating the FCC's broadband speed benchmarks is necessary (see 2311010062). Some cited ongoing federal broadband deployment programs and private investments and encouraged the FCC to focus its report to Congress regarding the state of broadband on policies that could further facilitate deployment. Comments were posted Friday and Monday in docket 22-270.
Republican condemnation of the FCC’s actions since it shifted to a Democratic majority in late September -- and Democrats’ defense of the commission’s recent record -- dominated a Thursday House Communications Subcommittee hearing on agency oversight, as expected (see 2311290001). The hearing’s slightly rancorous tone signaled a return to more overtly partisan oversight, in contrast to relatively more bipartisan discussion when FCC commissioners testified in front of the subpanel in June, while the commission was still tied 2-2 (see 2306210076).