Despite numerous requests from states and other entities, NTIA declined to extend the timeline for challenging the FCC's new broadband map. The agency set Friday as the target for eligible entities to submit challenges for the next iteration of the map that will be used for broadband, equity, access, and deployment (BEAD) program funding allocations (see 2211100072). Unannounced updates to map data, including recently, complicated states’ challenge preparations, Vermont Community Broadband Board (VCCB) officials told us.
Procedural concerns could complicate a case at the 2nd U.S. Circuit Court of Appeals on a New York law requiring affordable broadband. At oral argument Thursday in Manhattan, Judge Richard Sullivan grilled parties on a procedural maneuver they used to move the case to the 2nd Circuit from the trial court. Sullivan asked New York’s attorney tough questions on the state’s argument that its law isn’t preempted.
Tech Freedom, the Campaign Legal Center (CLC) and others disagree whether a Federal Election Commission proposal to broaden the definition of internet political advertising is an assault on free speech or a needed update to political ad regulation, according to comments posted this week in docket REG-2023-01. The new definition would potentially include payments to social media influencers -- such as cable and broadcast hosts -- and other indirect online promotion.
Under the adopted FCC Space Bureau order (see 2301090062) released Monday, the bureau's purview would be "policy and licensing matters related to satellite communications and other in-space activities under the Commission’s jurisdiction." The Office of International Affairs would "handle issues involving foreign and international regulatory authorities as well as international telecommunications and submarine cable licensing," the order said. The FCC said the Space Bureau would be the contact point for coordination with other federal agencies on space policy and governance as well as backing OIA in international meetings involving space policy. Those organizational changes "will provide the FCC with the updated structure it needs to provide essential international leadership in the ever-evolving global telecommunications marketplace," it said. The International Bureau's Satellite Division will instead be three divisions within the Space Bureau: the Satellite Programs and Policy Division, the Satellite Licensing Division and the Earth Station Licensing Division, per the order. The FCC said the International Bureau's Global Strategy and Negotiation Division and the Telecommunications and Analysis Division will move to OIA. The order also makes some organizational changes to the agency's Consumer and Governmental Affairs Bureau and Office of Managing Director. The order also replaces the word "chairman" in agency rules to "chairperson." Asked about Space Bureau and OIA staffing issues, the FCC didn't comment Tuesday.
The FCC is seeking comment on revised rules for carriers to report data breaches. The NPRM, released Friday and approved 4-0 last month, proposes eliminating the “outdated” seven-business-day mandatory waiting period before notifying customers of a breach and requiring the reporting of inadvertent but harmful breaches to the FCC, FBI and Secret Service.
National Hispanic Media Coalition CEO Brenda Castillo and the leaders of 20 other groups urged President Joe Biden a day before he renominated Gigi Sohn to be the third FCC Democrat (see 2301030060) to instead “nominate a person of Latino descent” to the commission. Two of the names of potential candidates to replace Sohn as Biden’s FCC nominee before Tuesday -- former acting NTIA Administrator Anna Gomez, ex-Wiley, and NASA Chief of Staff Susie Perez Quinn -- are Latina (see 2212300044). The Congressional Hispanic Caucus (see 2102110043) and others began pressing Biden to nominate a Latino FCC commissioner in early 2021.
A Gray Television petition asking the courts to set aside the FCC’s $518,000 forfeiture order against the company (see 2211010077) suggests it's targeting agency policy rather than simply seeking to overturn the fine, attorneys told us. “The Commission’s Order is erroneous and improper for several reasons,” said Gray’s petition for review in the 11th U.S. Circuit Court of Appeals (docket 22-14274) last week.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., stopped short Tuesday of agreeing to a push from Communications Subcommittee ranking member John Thune, R-S.D., for a full re-vetting of FCC nominee Gigi Sohn, after her re-selection to be the commission’s third Democrat (see 2301030060). Other Sohn supporters, meanwhile, hailed her renomination and urged the Senate not to unnecessarily delay advancing her. President Joe Biden first nominated Sohn to the FCC in October 2021 (see 2110260076), but her confirmation process never made it past the committee level. Senate Commerce tied 14-14 on advancing her in March (see 2203030070), leading to a monthslong stall.
The FCC released a long-expected NPRM Wednesday seeking comment on proposed service rules allowing the use of the 5030-5091 MHz band by drones, which was approved by commissioners Dec. 23 (see 2212230035). Commissioner Geoffrey Starks said the NPRM takes a broad look at the use of spectrum by unmanned aircraft systems. It asks more than 160 questions about future use of the band and other spectrum by drones.
The House is set to vote Friday on passing the FY 2023 appropriations omnibus package (HR-2617), which would extend the FCC’s spectrum auction authority through March 9 in lieu of a spectrum legislative deal that got objections (see 2212200077) from Sen. Mike Rounds, R-S.D. The Senate voted 69-29 Thursday to pass the omnibus, which also includes increases in federal funding for the FCC, FTC, NTIA, other Commerce Department agencies, the DOJ Antitrust Division and CPB (see 2212210077). The House, meanwhile, passed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) on voice votes a day after the Senate cleared both measures.