Federal Communications Commission (FCC)

Congressional Republican leaders are determined to advance a Congressional Review Act resolution of disapproval to undo the FCC’s digital discrimination order (H.J.Res. 107) despite widespread acknowledgment the measure faces long odds of making it through the majority-Democratic Senate and an all-but-certain veto from President Joe Biden. GOP leaders’ intent in pursuing H.J.Res. 107 appears to be to bolster legal challenges of the digital discrimination order, officials and lobbyists told us. House Communications Subcommittee member Rep. Buddy Carter of Georgia and more than 60 other Republicans filed the measure in late January (see 2401310003).

The FCC's supplemental coverage from space framework draft order would see the service operate in select spectrum bands and on a secondary rather than a co-primary basis. The agency on Thursday released agenda items for commissioners' March 14 open meeting. A vote on the framework is expected that day. Also on the agenda are orders for "all-in" pricing disclosures by multichannel video distributors and launch of a voluntary cybersecurity labeling program, initially focused on wireless consumer IoT “products." In addition, Commissioners will vote on a report raising the FCC's broadband speed benchmark to 100/20 Mbps and an NPRM proposing creation of an emergency alert system code for missing and endangered adults.

Florida senators unanimously supported joining other states that designate mobile phone providers as eligible telecom carriers (ETCs) for the federal Lifeline program. On the floor Wednesday, senators voted 37-0 to pass a bill (SB-478) that would transfer wireless ETC designation powers from the FCC to the Florida Public Service Commission. Later, senators debated a bill (HB-1) that would override parents and ban all kids younger than 16 from getting social media accounts.

Mitigating practices that could speed the country toward phone number exhaustion is a priority item for state officials ahead of NARUC’s Feb. 25-28 meeting in Washington, commission officials told us. The state utility regulator association is planning a vote during the meeting on a proposed resolution from Telecom Committee Chair Tim Schram. It urges the FCC “to provide updated guidance on how states should bring forward cases of telephone number resource mismanagement or suspected robocalling using rented telephone numbers to the Commission using the audit process” from Section 52.15(k) of the Telecom Act.

The Shortwave Modernization Coalition (SMC) filed a Roberson and Associates technical analysis at the FCC discussing the coalition’s proposal for amending the commission’s eligibility and technical rules for industrial/business pool licensees to authorize licensed use of frequencies above 2 MHz and below 25 MHz for fixed, long-distance, non-voice communications (see 2305010053). The proposal is controversial, especially among amateur operators (see 2308180033). The analysis shows the proposed use of this band “can be implemented without interfering with other users, and we look forward to engaging with federal stakeholders, other interested parties, and FCC staff to address any issues and move this matter forward,” said a filing posted Wednesday in RM-11953.

Public interest and consumer groups urged the FCC take a more aggressive stance on a November Further NPRM about protecting consumers from SIM swapping and port-out fraud (see 2311150042). CTIA said the commission should “pursue a flexible and risk-based approach” toward customer account security and fraud deterrence. Reply comments were due this week in docket 21-341, and they largely mirror initial comments (see 2401180053).

Industry is calling on the FCC to revise a robocall item, set for a commissioner vote Thursday, which codifies some robocall and robotexting rules while asking about applying protections in the Telephone Consumer Protection Act to communications from wireless carriers to their own subscribers (see 2401250068). Industry officials told us they’re not certain the FCC will make the changes they seek, though they expect tweaks.

Pennsylvania’s biggest incumbent, Verizon, launched an all-out attack on state USF in comments Friday, urging that the Pennsylvania Public Utility Commission eliminate the fund. The carrier said the USF is archaic. In addition, AT&T joined Verizon in urging the PUC to reduce regulations, such as carrier of last resort (COLR) obligations. However, rural LECs argued that they will continue needing state USF support for as long as Pennsylvania heavily regulates them.

California could be first in the nation to codify the FCC’s definition of digital discrimination into state law. Assemblymember Mia Bonta (D) introduced AB-2239 on Wednesday, the California Alliance for Digital Equity said Thursday. “This bill would state the intent of the Legislature to adopt subsequent legislation that codifies a definition of ‘digital discrimination of access’ in state law that conforms to the definition adopted by the Federal Communications Commission,” said a legislative digest on the measure. In a November order (see 2311150040), the FCC defined “digital discrimination of access” as “policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact.” Defining digital discrimination could help move a proceeding on digital redlining at the California Public Utilities Commission, said Shayna Englin, California Community Foundation director-digital equity initiative, in an interview. The proceeding stalled amid argument about the definition, said Englin. CPUC digital redlining rules would guide the agency in the years ahead as it distributes $8 billion state and federal broadband funding, she said. Englin predicted a fight between digital equity advocates and the telecom industry, which is expected to oppose AB-2239. The California Broadband and Video Association is reviewing the legislation, said a spokesperson for the state cable group. USTelecom declined to comment. The Los Angeles City Council passed a similar law at the local level last month.

The FCC seeks the dismissal of the petition for review of Maurine and Matthew Molak to vacate the FCC’s Oct. 25 declaratory ruling authorizing funding for Wi-Fi service and equipment on school buses under the commission’s E-rate program (see 2312200040), according to the commission’s motion Tuesday (docket 23-60641) at the 5th U.S. Circuit Court of Appeals.