The FCC and FTC are moving toward trying to rein in what they see as overly broad applications of Section 230 of the Communications Decency Act and to reverse what their agency leaders call censorship by social media platforms. Agency watchers said they expect the FCC to issue an advisory opinion soon, though some see such an opinion as more performative than practical. FCC Chairman Brendan Carr has repeatedly said that addressing "the censorship cartel" is one of the agency's priorities (see 2411210028). His office and the FTC didn't comment. FCC Commissioner Anna Gomez has been critical of the possibility of a Section 230 advisory opinion (see 2502240062).
The FCC's 2024 foreign-sponsored content rules are potentially "problematic" in how they put most advertising into the category of "leases," U.S. Court of Appeals for the D.C. Circuit Judge Gregory Katsas said at oral argument Monday. NAB is challenging the rules (docket 24-1296) (see 2501220078). During oral argument, the group repeatedly emphasized that there's a difference between leases and ad time. Meanwhile, Judge Karen Henderson seemed skeptical of NAB arguments that the order caught it unaware.
With West Virginia's announced pause of its BEAD process as it revamps its state program to be more in line with what the White House wants, some other states are expected to follow its lead, observers told us. There have been numerous indications that big changes are ahead for BEAD rules (see 2503200003).
T-Mobile is urging the FCC to hold off on instituting a text-to-988 georouting requirement, saying it could disrupt collaborations between wireless providers and the 988 Suicide & Crisis Lifeline administrator. That view was expressed in docket 18-336 comments posted Friday, as the FCC is seeking input on 988 text georouting privacy issues (see 2503030002). The 988 call georouting order, which FCC commissioners approved in October, included an NPRM about text georouting (see 2410170026).
While FCC Chairman Brendan Carr has indicated that the agency envisions more steps to retire copper networks, beyond a series of orders issued in March, we're told it's unclear what big regulatory burdens remain. The agency last month called its steps "initial" and promised additional action (see 2503200056). Carr used similar language at last week's FCC meeting (see 2503270042). His office didn't comment further.
President Donald Trump’s executive order putting independent regulatory agencies under greater White House control (see 2502190075) should result in stronger regulatory analysis by those agencies and better evidence supporting their arguments, said George Washington University Regulatory Studies Center Director Susan Dudley. Speaking Wednesday at an administrative law panel discussion by the University of Pennsylvania’s Penn Program of Regulation, Dudley said the order also should lead to those independent agencies better coordinating their work across the government.
Greater adoption of AI could result in sizable benefits for communications networks, and various policy approaches could facilitate that effort, Analysys Mason's Andrew Daly said Tuesday. The consultancy this week issued a Cisco-commissioned paper that laid out a variety of AI policy opportunities. It urged ongoing tracking of AI developments in communications, assistance in coming up with AI frameworks and standards, investment in AI-related R&D, and incentives such as tax breaks.
Deceptive negative-option contracts -- where consumers pay monthly for a subscription unless they opt out -- are ballooning, despite regulators' efforts, backers of the FTC's "click-to-cancel" rule told the 8th U.S. Circuit Court of Appeals on Friday. NCTA and others are challenging the rule (see 2411220029). Last week, amicus briefs were filed for both sides in docket 24-3137.
Despite numerous signs that big changes are ahead for BEAD, states will likely stay the course on their programs and should, broadband consultants and others told us. The only smart play is for states to stay in close contact with NTIA and try to figure out what to expect, several said. Commerce Secretary Howard Lutnick said earlier this month that a review of BEAD rules was underway (see 2503050067), and the former head of the program, Evan Feinman, predicted rules changes were coming from the Trump administration (see 2503170045). Commerce didn't comment.
Absent more FCC action on issues such as ownership and facilitating the ATSC 3.0 transition, the broadcast industry is quickly sliding toward a "period of catastrophic decline," FCC Commissioner Nathan Simington said Thursday. "We can't keep on the current trajectory" of stations closing and licenses falling into disuse, he said at a Media Institute event. The trend line on broadcaster bankruptcies is "a little bit like the beginning of a recession."