House Commerce Committee Chairman Frank Pallone, D-N.J., pressed AT&T, Comcast, Verizon and 10 other major ISPs on reports “that some providers may not be adhering to the requirements” of the FCC’s Affordable Connectivity Program (ACP) and emergency broadband benefit (EBB) enacted during the COVID-19 pandemic. The other ISPs drawing Pallone’s scrutiny are: Altice, Charter, Cox, Dish Network, Excess Wireless, Frontier, Lumen, Maxsip, Q Link and T-Mobile. “These reports detail problems customers have faced, including either having their benefits initiated, transferred to a new provider, or changed to a different plan without their knowledge or consent,” Pallone said in letters to the 13 ISPs’ top executives. “Other customers have reported a delay in the application of the benefit or a requirement to opt-in to future full-price service, which has resulted in surprise bills that have been sent to collection agencies. There have also been reports of aggressive upselling of more expensive offerings, requirements that customers accept slower speed service tiers, and other harmful and predatory practices.” Congress “explicitly outlined requirements designed to prevent waste, fraud, and abuse, maximize the enrollment of eligible households, and ensure that consumers are protected in the process,” he said: “Importantly, Congress incorporated lessons learned in the emergency implementation of EBB to fully inform the creation of ACP, including by enhancing safeguards to preserve program integrity and ensuring that ACP would truly benefit consumers and not leave them vulnerable to predatory schemes or misleading practices.” Pallone wants information from the ISPs by Nov. 9 about their practices, including the number of beneficiaries they have signed up, the number of complaints they have received regarding the programs’ administration and their processes for resolving complaints. "We look forward to responding to the Chairman’s questions, and we remain committed to helping make broadband more affordable for millions of American households,” an AT&T spokesperson said. "Charter’s significant participation in the EBB and ACP programs has helped millions of families gain access to reliable and affordable, high-speed in-home internet; and builds on our broader, ongoing commitment to increasing connectivity by promoting broadband availability, adoption and affordability for all," a spokesperson said. Excess is "working diligently with government officials and other stakeholders to root out improper activities," a spokesperson said. The other ISPs didn’t comment.

Supporters of FCC nominee Gigi Sohn marked the one-year anniversary Wednesday of her original nomination to the post (see 2110260076) by lambasting Senate officials over her stalled confirmation process. President Joe Biden renominated Sohn in January, but she hasn’t advanced beyond a March 14-14 tied Senate Commerce Committee vote (see 2203030070). Her backers hope the Senate will confirm her during the upcoming lame-duck session (see 2209130065). The Senate “gets an ‘F’ in FCC” because Sohn “has been in limbo for a year now, preventing a deadlocked agency from passing crucial policies that would help people in the United States connect and communicate,” said Free Press Action Internet Campaign Director Heather Franklin. “For a year, Democratic leaders have dithered and delayed” amid “a smear campaign against” the nominee by communications sector opponents. Senate Majority Leader Chuck Schumer, D-N.Y., “has a chance to call this important vote as soon as Congress returns from the upcoming midterm elections,” Franklin said: “He should have the courage to take it.” It’s “long past time to vote on Ms. Sohn’s nomination and confirm her to the FCC, where she can put her decades of experience to work for American consumers,” said Public Knowledge CEO Chris Lewis. Fight for the Future supporters “should be just as furious with Schumer “and Senate Democrats for the inexcusable delay in confirming Gigi Sohn to the FCC” as they were when the commission rescinded its 2015 net neutrality rules, tweeted Director Evan Greer: “It has been an entire year. Get it done.”

The FTC needs more top-level security clearances to combat data security threats, particularly from foreign attackers, Sen. Ron Wyden, D-Ore., said Tuesday. Only four FTC staffers have top secret clearance, and that doesn’t include the FTC chair, commissioners or the Division of Privacy and Identity Protection, Wyden said, noting the agency gave his office this information. He wrote a letter to FTC Chair Lina Khan and Director of National Intelligence Avril Haines. The agency announced data security allegations Monday against online alcohol marketplace Drizly and CEO James Cory Rellas. “The U.S. government cannot protect Americans’ privacy and U.S. national security from the serious threat posed by sophisticated foreign hackers if the FTC does not have a seat at the table,” Wyden said.

Meta’s alleged collection of sensitive user health information without consent through tracking apps raises concerns, Senate Intelligence Committee Chair Mark Warner, D-Va., wrote CEO Mark Zuckerberg Thursday. Warner cited allegations against Meta Pixel, a tracking tool he said “sends Meta a packet of data whenever a user clicks a button to schedule a doctor’s appointment -- without the knowledge of the individual making the appointment.” He asked Zuckerberg a series of questions about what sensitive information is collected, how it's used in targeted ads, safeguards against inappropriate data use from third parties and how Meta complies with related laws. “Advertisers should not send sensitive information about people through our Business Tools as doing so is against our policies," Meta said in a statement. "We educate advertisers on properly setting up Business tools to prevent this from occurring. Our system is designed to filter out potentially sensitive data it is able to detect.”

President Joe Biden signed into law a bill that creates a training program for federal employees buying and managing AI technology. Introduced by Senate Homeland Security Committee Chairman Gary Peters, D-Mich., and ranking member Rob Portman, R-Ohio, the Artificial Intelligence Training for the Acquisition Workforce Act (S-2551) is supposed to help federal employees better understand ethical and national security risks associated with AI. The new program will “train our procurement professionals about the ins and outs of AI so they can discern which AI systems are useful to the government and which are not,” said Portman.

FCC Chairwoman Jessica Rosenworcel outlined all the commission’s "pending" and "expected" rulemakings and expected declaratory rulings issued via delegated authority, in response to a query from House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., but didn’t directly address the GOP leader’s warning that the agency not "continue to exceed Congressional authorizations." Rodgers advised the FCC and FTC in September against going further than Congress mandated because of the "limitations" on their authority highlighted in the Supreme Court's June West Virginia v. EPA ruling (see 2209290062). The FCC “takes seriously the responsibilities entrusted to it by Congress under the law, including the efforts identified in your letter ‘to expand connectivity to all Americans, regulate broadcast stations and’” MVPDs “‘in the media marketplace, limit the transmission of illegal robocalls, preserve the capability for reliable 911 and emergency alerting services, and remove untrusted communications equipment and services from U.S. communications networks,’” Rosenworcel said in a letter to Rodgers released Tuesday. “In the absence of any specific Commission order, the Bureaus and Offices generally do not have delegated authority to issue notices of proposed rulemaking.” Depending “upon the nature of the particular matter, and based on the comments received on these petitions, these may be addressed by a Bureau or Office,” Rosenworcel said: The FCC “cannot predict whether or when any of these petitions will be acted upon.”

Senate Intelligence Committee Vice Chairman Marco Rubio of Florida and four other Republicans urged President Joe Biden Monday to “take immediate action to halt” Huawei’s attempt to circumvent U.S. restrictions on semiconductor exports to the company by providing money for Chinese startup Pengxinwei (PXW) IC Manufacturing to build a chip manufacturing plant in Shenzhen. The GOP senators in a letter to Biden cited reports Huawei would likely buy most of the semiconductors made at the new factory, which would have capacity to produce chips of up to 14 nanometers. The first chips are expected to be available in the first half of next year. The other signers are: Marsha Blackburn of Tennessee, Tom Cotton of Arkansas, Ted Cruz of Texas and Bill Hagerty of Tennessee. “This would represent a dangerous leap in Chinese semiconductor manufacturing, as Chinese chipmakers have thus far only been able to produce 7-nanometer chips in limited quantities,” the senators wrote Biden. “With these new chips for its base stations, Huawei could resume its march towards 5G market dominance,” and the Chinese Communist Party “will advance its plan to control global telecommunications and extend its economic espionage and repression.” The lawmakers said they’re “deeply concerned that, despite the obvious threat that PXW poses, your administration has taken no official steps to delay the project’s progress, despite being aware of the project for some time.” The Bureau of Industry and Security’s “apparent inaction” in not already placing PXW on its entity list “is a dereliction of duty” given the company’s “clear connection with Huawei,” the Republicans said: “As far as we can tell, Commerce has not sent a single ‘informed’ letter to any entities potentially working with PXW, ordering them to halt all shipments to and transactions with the factory.” BIS and Huawei didn’t immediately comment.

Rep. Anna Eshoo, D-Calif., and other lawmakers filed the Identifying Propaganda on Our Airwaves Act Monday in a bid to undo the U.S. Court of Appeals for the D.C. Circuit’s July ruling that vacated the FCC’s requirement that broadcasters check federal databases to determine if entities leasing time on their stations are agents of foreign governments, as expected (see 2209020032). Sens. Brian Schatz, D-Hawaii, and Marsha Blackburn, R-Tenn., filed the Senate version. The FCC unanimously approved an NPRM on updating the rule to account for the court decision earlier this month (see 2210060068). The NPRM sought comment on proposals to require certification or screenshots of federal databases from broadcasters and programming lessees to demonstrate they aren't foreign agents. The D.C. Circuit’s ruling in NAB v. FCC (see 2207120069) “was a disastrous decision” and the “American people deserve to know when radio programming they hear on public airwaves is foreign government-funded propaganda,” Eshoo said: “Our legislation unambiguously grants the FCC the authority to require broadcasters to conduct reasonable diligence to identify foreign agents and their shell companies so Americans will know who is funding the information on our public airwaves.” Under “current regulations, the New Axis of Evil can use shell companies to broadcast regime-funded propaganda across American airwaves,” Blackburn said. FCC Chairwoman Jessica Rosenworcel hailed the measure, saying "consumers deserve to trust that public airwaves aren’t being leased without their knowledge to foreign governments." Eshoo's office also cited support from Commissioner Geoffrey Starks. NAB is "closely reviewing this legislation," a spokesperson emailed. It "and several other broadcast organizations have worked to ensure the rules are focused on the handful of broadcasters that air foreign government-sponsored programming, without creating burdens for the vast majority of broadcasters that do not air this content. ... We share the goal of ensuring that the public understands when it is watching or listening to foreign propaganda.”

The Communications Workers of America, Free Press, Public Knowledge and almost 250 other groups urged Senate leaders Friday to advance FCC nominee Gigi Sohn to the full chamber “before Congress adjourns” at the beginning of January. Sohn’s confirmation process has been stalled since March but her Hill supporters believe her approval prospects will improve once the Senate returns in November for the lame-duck session (see 2209130065). “We simply cannot have a less-than fully functioning” 2-2 FCC “persist any longer,” the groups said in a letter to Senate Majority Leader Chuck Schumer, D-N.Y.; Minority Leader Mitch McConnell, R-Ky.; Commerce Committee Chair Maria Cantwell, D-Wash.; and ranking member Roger Wicker, R-Miss. A five-member FCC is needed “as it begins to deliberate on upcoming critical decisions that will have profound impacts on the economy and the American people.” The “agency will benefit from Ms. Sohn’s involvement as it works to expand work and business opportunities to Americans in unserved and underserved areas” via funding for broadband deployments, the groups said. Free Press Action Policy Director Joshua Stager, meanwhile, criticized Comcast over reports it hired former Senate Majority Leader Tom Daschle, D-S.D., to lobby against Sohn’s confirmation. Daschle and Baker Donelson said in July Comcast paid them $30,000 in Q2 to lobby on the “status of FCC nominations,” among other matters. The company previously received criticism for hiring lobbyists at other firms to lobby against Sohn (see 2206030059). “It’s outrageous that such underhanded tactics have kept people without the policies and protections they need to connect and communicate,” Stager said: “Sohn has a well-earned reputation for bipartisanship and consensus-building, which is why she has been endorsed by such a wide array of people and organizations from across the political spectrum.” Comcast didn’t comment.

Big Tech’s digital trade agenda “threatens” consumer privacy, worker safety and anti-disinformation efforts, Sen. Elizabeth Warren, D-Mass., and Rep. Pramila Jayapal, D-Wash., wrote Commerce Secretary Gina Raimondo Thursday. They requested information about a “revolving door” of high-level hirings between the Commerce Department and Big Tech and the potential impact on global digital trade negotiations. They said the unethical practice of hiring high-level staff from tech and allowing them to influence trade deals behind closed doors hurts workers and consumers. They cited potential impacts on negotiations for the Indo-Pacific Economic Framework. “We are concerned about the role of these and similar individuals in shaping digital trade policy because Big Tech’s digital trade agenda threatens protections for consumer privacy and worker safety and efforts to combat discrimination, misinformation, and disinformation,” they wrote. The department didn’t comment. Locking rules into the IPEF that don’t respect worker rights and privacy would repeat the same mistakes made in past trade agreements, Rep. Ro Khanna, D-Calif., said during an American Economic Liberties Project livestream Thursday: “The only thing worse than having a human boss is having an algorithmic boss,” which is the case at Amazon, “one of the richest companies in the history of humanity. “You would think” workers at the company would have a chance to “live out the American dream.” Sen. Sherrod Brown, D-Ohio, said in a prepared statement for the event: “We know that corporations will continue to exploit loopholes and craft the rules in their favor.” Both Khanna and Brown cited potential impacts in IPEF negotiations.