Howard Buskirk

The U.S. Supreme Court on Monday issued another decision concerning regulatory law, Corner Post v. Board of Governors, which is expected to also add to the number of challenges against regulatory agencies filed in court. But the effect for the FCC is expected to be zero, unlike last week’s decision in cases challenging the Chevron doctrine (see 2406280043), because the Communications Act, not the six-year statute of limitations in the Administrative Procedure Act, governs appeals of FCC decisions. In Corner Post, SCOTUS, in a 6-3 decision along ideological lines, revived a North Dakota convenience store's challenge of a Federal Reserve regulation covering debit card "swipe fees." Businesses pay banks these fees when customers use debit cards to make purchases. Corner Post argued that it shouldn’t be bound by the six-year statute of limitations to challenge a 2011 regulation because it opened for business in 2018. SCOTUS held that an APA claim doesn’t accrue for purposes of the six-year statute of limitations “until the plaintiff is injured by final agency action.” The administration, representing the Federal Reserve Board of Governors, had argued that adopting Corner Post's legal position "would substantially expand the class of potential challengers" to government regulations and "increase the burdens on agencies and courts." Industry lawyers noted that under Section 402(a) of the Communications Act, petitions for review of FCC orders, except those involving licenses, must be filed within 60 days. The deadline for appealing license decisions in Section 402(b) is 30 days. The APA deadline has never applied, lawyers said.

The FCC’s rechartered Communications Security, Reliability and Interoperability Council on Friday held the first meeting of its cycle at FCC headquarters. The meeting was organizational and offered little substance. CSRIC will focus on AI and 6G with three working groups (see 2406100047). And it will consider “how can we harness AI for good … while also preventing and mitigating harms associated with the use of AI,” Public Safety Bureau Chief Debra Jordan said. Another focus is next-generation 911, Jordan said. “In the future, consumers will have an increasingly wide range of wireless devices that can transmit 911 calls over a variety of networks -- you will examine how to best ensure people can call for help across these expanding platforms and options and in the next-generation 911 environment,” she said. Moreover, CSRIC will develop a plan “for more secure and reliable 6G networks and services that minimize risks,” she said. It feels like 5G is just getting started, “but we want to be forward-looking,” Jordan added. Sanford Williams, an aide to FCC Chairwoman Jessica Rosenworcel, said, AI “has swiftly transitioned from a futuristic concept to an integral part of our daily lives, from voice assistance … to advanced machine learning algorithms predicting consumer behavior.” Williams added, “AI is literally everywhere.” He played for CSRIC members the deepfake President Joe Biden political robocall that was featured during the FCC’s Consumer Advisory Committee Wednesday (see 2406260041). Williams noted that Biden’s executive order on AI (see 2310300056) delegated several tasks to the FCC, including examining the potential for AI “to improve spectrum management, increase the efficiency of non-Federal spectrum usage and expand opportunities for the sharing of non-Federal spectrum.” The order instructed the FCC to consider use of AI for improving network security, resiliency, and interoperability through next-generation technologies including self-healing networks, 6G, and open radio access networks, Williams said. FCC staff need help from industry experts in all CSRIC's areas of study, he said. In brief remarks, Rosenworcel thanked members for agreeing to serve on CSRIC. "It will be hard to surpass the last CSRIC’s work on 5G network security and mitigating the vulnerabilities of software in cloud services, but I think you’re up to the challenge,” Rosenworcel said. CSRIC co-Chair Billy Bob Brown from the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency said the world has never faced greater cyber risks. “I believe we face the greatest challenge of our generation -- an existential challenge -- but I also have hope.” CSRIC is expected to next meet Sept. 27.

The U.S. Supreme Court’s conservative majority surprised no one Friday, issuing a decision decided on ideological lines that overrules the Chevron doctrine. Chevron gave agencies like the FCC and FTC deference in interpreting laws that Congress approved. On the penultimate day of its term, the court released a decision that wraps together Loper Bright Enterprises v. Raimondo and Relentless v. Commerce. Both cases concern fishing regulations but were used as a vehicle for overturning Chevron.

The FCC Public Safety Bureau said in a report Thursday the Oct. 4 test of wireless emergency alerts and the broadcast emergency alert system appeared to be mostly a success, though there’s room for improvement. The report called for further FCC action addressing some of the problems uncovered. At the time of the tests, a Federal Emergency Management Agency official described (see 2310040071) them as “extremely successful." Based on survey data shared with the commission, “most respondents reported successful receipt of the WEA test message,” the report said: “The test also highlighted areas where WEA delivery can be improved, such as ensuring more consistent delivery and resolving issues concerning alert message audio tone and vibration cadence.” Meanwhile, “the large majority” of EAS participants “reported successful receipt and retransmission of the nationwide test” and “demonstrated that the national EAS distribution architecture is largely effective as designed.” The bureau found signs of progress compared with a similar test two years earlier. The message was received by 96.6% of EAS participants, compared with 89.3% in 2021, and the overall retransmission success rate was 93.6%, compared to 87.1%. The improvement is likely due to initiation of the 2023 test alert using common alerting protocol, “which introduced additional resiliency that was not available during the over-the-air-only 2021 nationwide test,” the bureau said. One negative was that more test participants reported equipment configuration issues and equipment failures than in 2021, the report said: “At the time of the test, approximately 23% of EAS equipment units, representing over 4,500 EAS Participants, were either using outdated software or were using equipment that no longer supported regular software updates.” Fully up-to-date gear had the highest receipt and retransmission rates. The Northern Mariana Islands, with a 20% retransmission success, and Guam, at 33.3%, had the worst success rates in the U.S. The bureau urged the FCC to consider rules “to improve the operational readiness of EAS Participants and Participating [wireless carriers], as well as ensure that EAS Participants are installing software updates in a timely manner and have plans for replacing equipment that is no longer supported by the manufacturer.” The bureau called on Congress to require all wireless carriers to support WEA and said industry can also take steps to make alerting more effective.

5G fixed wireless access will experience continuing growth in the U.S. and expand globally, panelists said during an Opensignal webinar Thursday. While FWA took off in the U.S. first, led by T-Mobile and Verizon, it’s spreading worldwide.

Contrary to some expectations, a draft order and Further NPRM allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services wasn’t expanded to include fixed wireless access and partnerships with nontraditional providers, based on the text of the draft released Thursday. Commissioners will vote July 18.

The FCC moved quickly and effectively to clamp down on a January robocall that created a deepfake of the voice of President Joe Biden urging recipients to skip the New Hampshire primary (see 2402060087). However, preventing similar fakes may prove more difficult, Greg Bohl, chief data officer at Transaction Network Services, warned the FCC’s Consumer Advisory Committee Wednesday. CAC is focused on AI this term (see 2404040040).

FCC commissioners will vote July 18 on a notice seeking comment on uniform, industrywide handset unlocking requirements, as expected (see 2406250049), FCC Chairwoman Jessica Rosenworcel announced Wednesday in her Note from the FCC. Commissioners will also vote on a controversial proposal allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services, a plan to cut the cost of correctional institution phone rates and rules to improve video programming accessibility for the deaf and hard of hearing. Next-generation 911 rounds out the agenda.

Public interest, consumer groups and two providers called on the FCC Tuesday to launch a proceeding that examines “uniform, industrywide” handset unlocking requirements. Industry officials said they expect Chairwoman Jessica Rosenworcel to circulate a notice this week examining the issue for a vote at the July 18 commission meeting. The Open Technology Institute at New America, Consumer Reports, Public Knowledge and the Benton Institute for Broadband & Society, as well as Verizon and EchoStar, parent of Dish Wireless, signed the joint letter.

Policymakers have a better appreciation for the importance of standards as the telecom industry moves closer to the launch of 6G, experts said Tuesday during a 6G workshop streamed from the Technology & Innovation Centre at the University of Strathclyde in Glasgow, Scotland. Experts warned that standards development is complicated and always is a lengthy process.