Federal Communications Commission (FCC)

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).

If the FCC doesn’t impede state regulation, the California Public Utilities Commission will support FCC open internet rules and reclassifying broadband information access service (BIAS) as a telecommunications service under Title II of the Communications Act, the CPUC decided Thursday. Through a unanimous vote on the consent agenda during the state commission’s livestreamed meeting, commissioners agreed the CPUC should file comments urging the FCC to reclassify broadband as a telecom service and mobile BIAS as a commercial mobile service.

The U.S. Supreme Court might opt to avoid likely fights over the FCC's digital discrimination rules or proposed Title II net neutrality rules, Andrew Schwartzman, Benton Institute for Broadband & Society's senior counselor, told Communications Daily this month. In an extensive sit-down interview, Schwartzman spoke about his long career as a public interest advocate within telecommunications, evolution of that domain, and how the FCC's net neutrality regulatory push is not merely a repeat of the past. The following transcript of our conversation was edited for length and clarity.

The FCC should make clear that, consistent with the national spectrum strategy, the 7.125-8.4 GHz band should be targeted for 5G and 6G, CTIA said in comments on an NPRM on implementing 2015 and 2019 decisions by the World Radiocommunication Conference. Most comments were short and urged the FCC to preserve the 60-meter band for amateur use. Replies were due Tuesday in docket 23-120.

The California Public Utilities Commission should reject a proposed change to NTIA’s broadband, equity, access and deployment (BEAD) model rules that would affect how the state treats licensed fixed wireless (LFW) services, wireless industry groups said this week. The CPUC released comments Tuesday on volumes one and two of draft BEAD initial proposals (docket R.23-02-016). AT&T, CTIA and California’s cable association urged the commission to reject a cheap broadband requirement proposed in case Congress doesn’t renew the affordable connectivity program (ACP).

Telecom companies raised concerns about adding state USF goals on service quality and other issues in comments posted Monday at the Nebraska Public Service Commission. And as the PSC considers sweeping Nebraska USF (NUSF) changes, Charter Communications warned that it might be unlawful to support broadband with a fund designed for telecom services. Small rural companies said the fund should support ongoing costs that make networks expensive in remote areas even after they are deployed.