The breadth of AI is hindering regulators, preventing them from proposing regulations for connected tech, said Adam Thierer, R Street senior fellow, technology and regulation, in a panel discussion at the State of the Net conference Monday. Efforts to regulate AI at the macro level are “sucking up all the oxygen in committee rooms” and preventing discussion of smaller components of AI such as privacy. Thierer said. “This is why I don't think anything's gonna move through Congress.” Similarly, Evangelos Razis, senior manager-public policy, at AI company Workday said lawmakers should focus on the most high-impact risks of AI use, such as in healthcare, rather than trying to “have an all-encompassing AI approach that will regulate every potential use of AI.” Thierer said the AI regulatory approach should mirror the light-touch taken with the young internet. “We got a lot about the internet right,” Thierer said. Yet Miranda Bogen, director of the Center for Democracy and Technology’s AI Governance Lab, said the wait-and-see approach used with internet regulation resulted in economic consequences for marginalized communities. A similar attitude toward AI would likely do the same, Bogen added. The White House’s executive order took a “kitchen sink” approach to the matter that was overbroad and will generate a great deal of pushback, Thierer said. Subsequent administrations can easily reverse EOs, Thierer pointed out. Travis Hall, acting associate administrator for NTIA's Office of Policy Analysis, countered that the EO contains many “steam vents” where comments are sought on prospective policies and agencies are given discretion over implementation of rules. AI use and concerns are expanding so quickly that it’s as though policymakers are riding a train while also constructing the tracks, Hall said.

A coalition of 21 Republican state attorneys general urged the U.S. Supreme Court to hear Consumers' Research's challenge of the FCC's quarterly USF contribution factor and methodology in an amicus brief posted Thursday (docket 23-743). "Agencies are finding all kinds of creative new ways to grab money and power for themselves lately," the coalition, led by West Virginia AG Patrick Morrisey (R), said. The FCC "extracts billions from American consumers based on a vague statute" and "doesn’t even do the work of setting these rates itself," they argued (see 2401100044). The AGs called the FCC's use of the Universal Service Administrative Co. unconstitutional and a violation of the nondelegation doctrine. "Those that would warn the Court away from reaching these issues are wrong," the group said: "The benefits of the present state of play are overstated." The FCC declined to comment Monday. The agency on Monday petitioned the court to extend until April 3 the March 4 deadline for responding to Consumers' Research's petition, citing a parallel case pending in the U.S. Court of Appeals for the 5th Circuit.

The U.S. Judicial Panel on Multidistrict Litigation, in an order Friday, randomly picked the 8th U.S. Circuit Court of Appeals as the venue in which to consolidate 10 multicircuit petitions for review filed in six appellate courts challenging the FCC’s Nov. 20 digital divide order (see 2402070058), the agency told those courts in notifications Monday, under Panel Rule 25.6. The FCC notified the panel of those 10 petitions Wednesday (see 2402070058). Virtually all the petitioners -- mostly state broadband and television associations, but also the U.S. Chamber of Commerce, are challenging the order on grounds that it gives the FCC unprecedented authority to regulate the broadband internet economy.

Lobbyist Klein/Johnson Group purchased Perry Bayliss Government Relations. Klein/Johnson said Thursday the deal deepens its expertise in technology and telecommunications. In addition, it said Perry Bayliss' Steve Perry and Kim Bayliss will join Klein/Johnson as principals.

The FCC completed a voluntary test of the disaster information reporting system (DIRS) Thursday, FCC Public Security Bureau Chief Debra Jordan said in an emailed statement. The test let communications providers practice filing outage reports as they would during an actual DIRS activation. The agency released a new version of DIRS in early December (see 2312040057). “We appreciate the widespread participation in this simulated DIRS activation in advance of hurricane and wildfire seasons, which will help ensure that the FCC can provide the public and emergency managers with timely, accurate data on the operational status of communications networks during disasters and support recovery efforts,” Jordan said. Because the test was primarily a practice session centered on logging in, filing and accessing reports in DIRS, there aren’t results to share, an FCC spokesperson told us.

Broadband experts emphasized the need for the FCC to reclassify broadband internet access service as a Communications Act Title II telecom service Thursday. "Today, there is no expert agency ensuring the internet is fast, open, and fair," Ramesh Nagarajan, FCC Chairwoman Jessica Rosenworcel's chief legal adviser, said during a New America Open Technology Institute event (see 2310190020). Multiple court decisions have made it clear that "Title II is the foundation of strong, legally sustainable net neutrality rules," Nagarajan said, adding it would also aid in the commission's efforts in addressing national security, cybersecurity and public safety. Hooman Hedayati, Communications Workers of America senior strategic research associate, agreed. Title II allows regulators to "require service quality standards and basic safeguards so that networks are there at times of emergencies," Hedayati said. Title II reclassification and net neutrality are "incredibly relevant to individual privacy for lots of reasons" said Stacey Gray, Future of Privacy Forum senior director-U.S. policy. "The most obvious one is that it's the most clear hook, arguably mandate, that the FCC has for promulgating specific and robust privacy rules" for broadband providers, Gray said. Future of Music Director Kevin Erickson noted net neutrality protections would also allow online creators to have more choice when deciding on platforms that best fit their business models. It gives smaller creators "the same level of access to audiences that huge corporations have," Erickson said. "Net neutrality policy is competition policy" because it ensures that consumers and small businesses can access online content and services "without undue interference by their ISP," said Incompas President Angie Kronenberg. Consumers "don't have a lot of choice" in the home broadband marketplace, Kronenberg said. Providers offering broadband service need only the nondiscriminatory access and rights provided through reclassification to "build the networks faster and more affordably," she said. "Most consumers do not have Title II-regulated services for their communications needs," Hedayati added. A national framework established at the FCC that is ultimately responsible for ensuring consumers and businesses have access to affordable services and choice is necessary, Kronenberg said, because "we don't have a place to really go right now to say there's an issue" when one is identified.

Proposed revisions to Section 214 international authorization rules seem likely to result in increased scrutiny of foreign ownership by Team Telecom, said Jonathan Gafni, a foreign investment lawyer at Linklaters, during a Wednesday American Bar Association event. Team Telecom refers to the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector. “We expect to see more Team Telecom reviews,” Gafni said. The FCC proposed the changes in an NPRM last year (see 2304200039) that was met with industry concern (see 2310030070). While the "threshold of foreign ownership for carrier licensees and a couple of other types of licensees has traditionally been 25%," the FCC is "considering lowering that threshold to be more in line with" Committee on Foreign Investment in the U.S. "thresholds for looking at foreign investors," he said. "But another thing is that the FCC has actually asked that parties give a one-time disclosure of all their foreign ownership -- that carrier licensees provide a one-time disclosure -- because they hadn't looked at them for years. And so they have no idea how somebody who received a license 10 years ago may or may not have foreign ownership today, and whether that should be a concern.” Gavni expects "to see more Team Telecom reviews as these disclosures" are filed with the FCC, he said. In cases where the foreign ownership exceeds the new threshold, the agency could then make "referrals to the Team Telecom agencies for these national security and law enforcement reviews,” he said.

LTD Broadband asked the U.S. Court of Appeals for the D.C. Circuit to review the FCC’s rejection of its long-form application for Rural Digital Opportunity Fund support, as expected (see 2311160039). LTD challenged the FCC’s Dec. 4 order denying LTD’s application for review of the Wireline Bureau’s decision to reject the company’s application. “LTD asks that the Court hold the Order unlawful and set it aside,” said the company’s petition, which was posted by the court Wednesday. The FCC didn't immediately comment.

Republican FCC Commissioner Nathan Simington “will seek reconfirmation” to a second term “and has been in touch with” the office of Senate Minority Leader Mitch McConnell, R-Ky., “about the process,” a Simington spokesperson told us Tuesday. Simington joined the FCC in December 2020 after a swift but partisan Senate confirmation as Democrats objected to Republicans fast-tracking his approval after Joe Biden beat Donald Trump (see 2012080067). Simington’s term technically expires June 30, but he can remain on the commission until Jan. 3, 2026, absent Senate confirmation of another nominee.

IEEE goals for this year include better engagement with industry and the public, President Tom Coughlin blogged Monday. IEEE membership spans all technologies and members can provide valuable insight and guidance for public policy and standards creation, Coughlin said. This year, IEEE will create a committee that will collaborate with groups outside the organization on ways of providing education for workers who will be using tools like AI, working in outer space or in virtual environments.