Federal Communications Commission (FCC)

House Communications Subcommittee members again raised concerns about the impact the FCC Secure and Trusted Communications Networks Reimbursement Program’s $3.08 billion funding shortfall is having on removing suspect gear from U.S. networks, as expected (see 2401100072). Their concerns came during a hearing Thursday. In addition, subpanel members offered generally positive reviews of the FCC's voluntary Cyber Trust Mark cybersecurity labeling program for smart devices (see 2308100032), but some GOP leaders were skeptical that it would remain voluntary as advertised.

Numerous satellite operators welcomed the idea of expanding the range of minor satellite and earth station modifications that can be done without having to first notify the FCC. But support was far more mixed in docket 22-411 filings posted Tuesday when it came to use of deadlines on FCC decisions regarding applications. Commissioners in September by a 4-0 vote adopted a Further NPRM regarding streamlining of satellite and earth station applications (see 2309210055). Reply comments in the docket are due Feb. 6.

FCC commissioners this month will tackle mitigating risks from space debris and potentially controversial rules addressing misrouted wireless calls to 911, Chairwoman Jessica Rosenworcel said Wednesday in her “Notes from the FCC.” Also on the Jan. 25 open meeting agenda are mandatory outage reporting rules and revised rules for the 70/80/90 GHz bands. Rounding out the meeting is a judicatory matter from the Media Bureau and five enforcement items.

Broadcast attorneys expect likely legal challenges against the FCC’s 2018 quadrennial review order will focus on two questions: Does the Communications Act allow the FCC to tighten regulations during the QR process? And do restrictions on shifting top-four network programming to low-power stations and multicast streams violate the Constitution?

Republican lawmakers are eyeing further action in opposition to FCC data breach notification rules (see 2312130019), but what form this will take is unclear, Capitol Hill aides and lobbyists told us. GOP leaders say the rules sidestep a 2017 Congressional Review Act resolution of disapproval that rescinded similar regulations as part of the commission's 2016 ISP privacy order (see 1704030054). Republican FCC Commissioners Brendan Carr and Nathan Simington raised the CRA in their dissents as the commission approved the rules last week 3-2.

The California Public Utilities Commission sought comment Tuesday on how to expand the state’s LifeLine program to low-income people lacking social security numbers (SSN). Comments are due Jan. 26, replies Feb. 23. Commissioner Genevieve Shiroma, assigned to docket R.20-02-008, is “committed to ensuring that low-income Californians have access to essential communication services without barriers to program participation,” she wrote. The commissioner asked how to ensure Californians without social security numbers can participate and what types of government-issued identity documents it should accept from those people. “The FCC has not yet determined whether to waive the SSN requirement for federal Lifeline participants in California,” began another question. “Should the California LifeLine Fund make up for all or a portion of the lack of federal Lifeline support for Californians without an SSN?”

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.

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.