The aviation industry raised concerns about an NAB-supported FCC proposal to allow increased power for digital FM, in comments posted in docket 22-405 for Thursday’s deadline. Interference from FM digital broadcasting at the upper end of the 88-108 MHz band” could disrupt the operations of navigation and landing systems and “present a significant safety hazard," said the Air Line Pilots Association, International in comments echoed by the General Aviation Manufacturers Association (GAMA), the Aerospace Industries Association and others. GAMA is in talks with NAB about the matter, filings said. Though comments in the docket show wide support for the FCC proposals from broadcasters, NPR, Cumulus and REC Networks also raised concerns about interference and notifications.
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).
Unless the court intervenes, Montana, in less than four months, “will shutter a forum for expression used by thousands of its residents,” said the plaintiffs’ consolidated reply Friday (docket 9:23-cv-00056) in U.S. District Court for Montana in Missoula in support of their motions to block enforcement of SB-419, a statewide TikTok ban, when it takes effect Jan. 1. The plaintiffs are a group of TikTok users and influencers (see 2305190035) plus TikTok itself (see 2305230053). The state characterizes its “unprecedented” ban as “a regulation of conduct,” but SB-419 “prohibits First Amendment speech,” and will bar videos created by Montanans on topics “ranging from art to politics,” the reply said. The state insists SB-419 is necessary “to address supposed national security threats,” but the federal government has the “exclusive authority” to respond to such threats, and the state offers “no credible evidence to substantiate those threats,” the reply said. Nor does the state explain why banning TikTok is necessary when “less restrictive alternatives” would address the state’s “purported concerns,” it said. For those reasons, the plaintiffs “are likely to succeed on their First Amendment claims,” it said. The plaintiffs also are likely to succeed on their preemption and Commerce Clause claims, said their reply. The ban “intrudes on the federal government’s exclusive authority over matters of foreign affairs and national security,” plus it also conflicts with two federal statutes, the Defense Production Act and the International Emergency Economic Powers Act, it said. The state’s “contrary arguments” ignore binding 9th Circuit Court of Appeals precedent and “misconstrue ongoing federal regulatory proceedings” designed to address the state’s alleged concerns, it said. SB-419 also violates the Dormant Commerce clause because it bans TikTok only so long as it’s owned by ByteDance or another foreign company, “and because it regulates a platform Montanans use to conduct worldwide commercial activity,” it said. Those are conclusions that the state “does not rebut,” it said. All the state’s merits arguments fail, and the state doesn’t dispute that the “serious harms” detailed in the plaintiffs’ opening briefs “are irreparable,” it said. The court should “enjoin enforcement” of SB-419, it said.
Commerce Deputy Secretary Don Graves will travel with 15 American companies on a cybersecurity “trade mission” to Japan and South Korea Sept. 20-26, the agency announced this week. The mission will help deepen commercial ties between the countries in cybersecurity and “other critical emerging technologies by strengthening joint efforts to safeguard our critical infrastructure and tech ecosystems from those who seek to undermine our national and economic security,” Commerce said. Leaders from the three countries met in August and agreed to boost export control cooperation and work closely in other “protection measures” to safeguard cutting-edge technologies (see 2308180046).
Treasury Secretary Janet Yellen said the Committee on Foreign Investment in the U.S. is doubling down on enforcement, warning industry lawyers about potential subpoenas or penalties for violating the committee's rules or mitigation agreements. Yellen’s comments came one day after Paul Rosen, who heads CFIUS, said the committee recently hired additional enforcement officials and may add more.
Disagreements remain about whether the upper 12 GHz band can be reallocated for exclusive-use licenses, as carriers hope, in reply comments in docket 23-352. Some wireless commenters ignored the proceeding on the lower 12 GHz band (see 2309110061) and filed only on what is also called 13 GHz. Broadcasters and the satellite industry continue to raise objections (see 2308140046).
Industry continued to raise concerns on an FCC proposal on rules to speed a move to next-generation 911 and to call for flexibility, while public safety groups generally supported the agency’s proposed approach, per reply comments posted Monday in docket 21-479. The replies were consistent with initial comments last month (see 2308100025).
DOJ attorneys convinced a three-judge 5th U.S. Circuit Appeals Court panel, all Republicans, that U.S. District Judge Terry Doughty’s July 4 injunction was overbroad and vague when it barred dozens of Biden administration officials from pressuring social media platforms to moderate unfavorable content. But the panel’s opinion late Friday (docket 23-30445), paring down the injunction and vacating it outright against officials from three federal agencies, left intact the restrictions on the White House, the Office of the Surgeon General, the FBI and the Centers for Disease Control and Prevention.
The FCC’s Disability Advisory Committee approved a report Thursday on best practices for implementing and promoting the use of direct video calling from its Direct Video Calling Working Group (see 2304260060). The group also heard from other working group leaders, plus updates from Commissioner Nathan Simington and FCC staff on artificial intelligence accessibility. The meeting was the first in-person meeting in three years.
The State Department believes Australia and the U.K. will soon update their export control regimes so both can benefit from pending U.S. legislation that could expedite defense exports to those countries, said Jessica Lewis, who leads the agency’s Bureau of Political-Military Affairs. But at least one lawmaker said the U.S. should not be requiring the U.K. and Australia to revise their export control laws, adding that the request risks impeding the Australia-U.K.-U.S. (AUKUS) agreement.