NTIA said it will follow FirstNet’s National Environmental Policy Act procedures on an interim basis and establish 33 categorical exclusions in compliance with NEPA, the Council on Environmental Quality regulations and other related authorities, as it awards funds under the Infrastructure Investment and Jobs Act (IIJA). NTIA proposed that step a year ago (see 2303290035). The ruling is effective immediately, said a notice for Tuesday’s Federal Register. “Following the FirstNet Authority’s procedures will facilitate the IIJA’s large-scale investment in NTIA programs and the need for NTIA to fulfill the mandates of the IIJA in a timely manner, by ensuring NTIA make[s] the most efficient use of time and available funding and resources to fulfill its environmental analysis and decision-making responsibilities,” the notice said.
LTD Broadband’s opening brief is due May 8 in its petition to review the FCC’s rejection of the company's long-form application for Rural Digital Opportunity Fund support (see 2402070081), said a clerk’s order Friday (docket 24-1017) at the U.S. Court of Appeals for the D.C. Circuit. The FCC’s respondent brief is due June 24, and LTD’s reply brief July 24, the order said. LTD is challenging 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 is asking the D.C. Circuit to hold the order unlawful and set it aside.
Viavi Solutions Friday slammed the deal that has rival Keysight Technologies acquiring Spirent Communications for $1.46 billion in cash. Keysight bid 15% more for Spirent than Viavi did. U.K.-based Spirent provides automated test and assurance solutions for networks. Spirent’s business is "aligned with Keysight’s long-term software-centric solutions strategy,” Keysight said Thursday in announcing the purchase. However, Viavi cited "strategic synergy" between itself and Spirent. Moreover, the two companies' "respective complementary products will help customers address their complex engineering challenges,” Viavi added, saying it “believes that the proposed combination of Keysight and Spirent would further entrench Keysight’s leading position in many product segments, which would limit customer choice.”
More than a dozen state broadband associations asked the FCC for a "rural broadband provider exemption" from its proposed digital discrimination affirmative reporting obligations (see 2403050036). Such obligations would "impose additional costs and burdens without any evidence that rural providers are engaged in practices resulting in discriminatory impacts," the associations said in a filing posted Friday in docket 22-69. The record is "void of any hard data or even soft anecdotal comment to support imposition of additional reporting obligations on rural providers," the coalition said, citing the lack of evidence that smaller or rural providers engage in discriminatory practices.
NTIA accepted Connecticut's digital equity plan, making the state eligible for $18 million in Digital Equity Act capacity grant funding, Gov. Ned Lamont (D) said Thursday (see 2403080037). Minnesota's Department of Employment and Economic Development also announced it received NTIA approval of its plan, making nearly $882,000 in funding available. NTIA announced earlier this week it accepted plans from Washington, North Dakota, Montana, Florida, Rhode Island, New Jersey, Massachusetts, Pennsylvania, North Carolina and Hawaii.
Consumer advocacy organizations urged the FCC Thursday to "clarify ambiguities that ISPs could exploit" in its proposed net neutrality rules. The American Civil Liberties Union, Electronic Frontier Foundation, New America's Open Technology Institute, Public Knowledge, Fight for the Future, and United Church of Christ Media Justice Ministry said in a letter posted Thursday in docket 23-320 that ISPs could circumvent the proposed no-throttling rule because it "does not explicitly say that an ISP can’t pick out particular apps or categories of apps in order to speed them up." The coalition asked the commission to "ensure that reasonable network management can’t be used to single out an app or kind of app," warning that ISPs could "distort competition" by throttling certain applications. In addition, it asked the commission to bar ISPs from "using interconnection to circumvent net neutrality."
Intrado representatives met with an aide to FCC Commissioner Brendan Carr to discuss moving to next-generation 911, said a filing posted Wednesday in docket 21-479. “The most important elements for accelerating NG911 deployment” include the commission adopting a “nationwide NG911 framework that accommodates current and already-planned deployments and creates the conditions to accelerate others” and “increased and faster direct” wireless and VoIP connections through basic session IP to emergency services IP networks, which “would support the delivery of 911 traffic in IP and reduce or eliminate the need for provider protocol translation workarounds,” Intrado said: “The majority of the nation’s current 911 traffic (wireless/VoIP) is ready for the Commission’s regulatory framework for NG911 delivery based on a State 911 Authority’s valid request demonstrating readiness and designation of a point of interconnection.”
Customers expect that carriers use the same kinds of technologies for robocalls and robotexts that are used to filter suspected scam and spam emails, Microsoft told the FCC in a filing posted Monday in docket 23-362. “Recent advances” in AI and large-language models “create the opportunity to combat fraudulent communications based on content analysis, and with the right guardrails in place, this analysis can be done at scale while preserving the privacy of the communications,” Microsoft said. The FCC should make clear that “when communications service providers choose to offer AI-enabled fraud detection features with sufficient safeguards in place, those tools are considered a necessary incident to the provision of voice communications,” the company said. Microsoft representatives spoke with aides to Commissioners Brendan Carr and Anna Gomez and Consumer and with Governmental Affairs Bureau staff.
DOJ and the FCC praised a Montana judge Friday for imposing a $9.9 million forfeiture penalty against defendant Scott Rhodes for initiating nearly 5,000 illegally spoofed calls across the U.S., in violation of the Telephone Consumer Protection Act and the Truth in Caller ID Act. “Virtually every Montanan has been the subject of unwanted and harassing robocalls, and the person responsible for such calls usually escapes accountability," said U.S. Attorney Jesse Laslovich for Montana said in a joint statement with FCC Chairwoman Jessica Rosenworcel. "But not this time. In placing thousands of harassing and malicious spoofing calls to consumers across the country, Rhodes showed a blatant disregard to caller ID and telephone consumer protection laws designed to prevent this sort of conduct.” When persistent and malicious robocallers break the law, “it takes strong partnerships like this one to bring them to justice,” said Rosenworcel. “I thank the Justice Department team, in conjunction with FCC lawyers, for vigorously pursuing this penalty.” There’s “no genuine dispute” that the forfeiture penalty of $9.9 million imposed by the FCC against Rhodes, a resident of Idaho and Montana, in its January 2021 order “is reasonable and consistent with the relevant statutory and regulatory guidelines,” said U.S. District Judge Dana Christensen for Montana in Missoula in his March 19 order. The judge denied Rhodes’ motions for reconsideration of the summary judgment order in the government’s favor and to have Christensen disqualified for bias against the defendant.
ACA Connects asked the FCC to grant smaller providers additional time to comply with certain requirements in its proposed rules reclassifying broadband as a Communications Act Title II telecom service. During a meeting with an aide to Commissioner Geoffrey Starks, the group sought six months for smaller providers "to analyze the impact" of Title II and any new net neutrality rules, "as well as assess the interaction of Title II and the digital discrimination rules and state requirements." In a separate letter to the commission, CTIA and USTelecom asked the FCC to classify domain name systems (DNS) and caching as information services under the Communications Act. DNS and caching "remain integral parts of providers’ BIAS offerings, making those offerings information services under the Communications Act," the groups said.