The 3rd U.S. Circuit Appeals Court affirmed a lower court ruling Friday in response to Core Communications' appeal against AT&T concerning an access service charges dispute (docket 23-3022). The district court "gave effect to the plain and unambiguous terms of the tariff," the ruling said, and Core's "right to fees thereunder have been left entirely undisturbed." The court said that Core may recover such fees "to the extent that Core provides services covered by the tariff" (see 2405230009). "In this case, however, as the district court correctly concluded, Core did not provide such covered services," the ruling said.
The FCC announced on Thursday it plans to recharter its Disability Advisory Committee for a two-year term and sought nominations for membership, due Sept. 30. The announcement didn’t provide specifics on DAC's focus in the new term. The current DAC is still working, with its next meeting slated for Oct. 18. DAC last met in May (see 2405160051).
The FCC Consumer and Governmental Affairs Bureau wants comments by Sept. 3, replies Sept. 16, in docket 03-123 on a petition from accessibility organizations regarding IP-captioned telephone service. TDIforAccess, the National Association of the Deaf and Hearing Loss Association of America sought a reversal of a previous FCC decision letting IP CTS providers "rely exclusively on automatic speech recognition" (see 2406030062). The groups also asked that the FCC require all IP CTS providers give users the option at any point during their call to have a communications assistant generate captions.
Representatives of Incompas and the Cloud Communications Alliance urged the FCC to restructure an NPRM as a notice of inquiry. The NPRM considers consumer protection against AI-generated robocalls. The draft doesn’t “identify or propose any specific technology, making it virtually impossible to meaningfully weigh costs and benefits,” the groups said in a filing posted Thursday in docket 23-363: If, based on comments received, the FCC "commits to specific implementation requirements in a subsequent Report and Order, the two-week window for comment on a public draft would provide industry with insufficient time to respond to detailed proposals or to weigh the costs and obligations associated with deploying AI technologies in their voice service networks.” In addition, the groups said they discussed the importance of IP interconnection to the success of FCC-adopted robocall mitigation and call authentication efforts. The associations met with aides to the five commissioners and staff from the Consumer and Governmental Affairs and Wireline bureaus. Commissioners will vote on it Wednesday (see 2407170055).
The FCC's budget for the Lifeline program for calendar year 2025 will increase roughly $100 million to reach $2.9 billion, a Wireline Bureau public notice said Tuesday in docket 11-42. The bureau noted its July order extending for another year the current minimum service standards for fixed broadband data usage, mobile broadband and mobile voice telephony (see 2407050016).
The FTC offered the FCC an update on its recent “Voice Cloning Challenge” and other work as commissioners consider a draft NPRM on consumer protections against AI-generated robocalls. The NPRM is set for a vote Aug. 7 (see 2407170055). “The four FTC Voice Cloning Challenge winning submissions demonstrate the potential for cutting edge technology to help mitigate risks of voice cloning in the marketplace,” an FTC filing posted Tuesday in docket 23-362 said: “They promote approaches that tap American innovation to help protect the public. The results of the Challenge also highlight that there is no single solution to this problem.”
The FCC "offers no plausible reason why Congress would have used classic disparate-treatment language to create a disparate-impact regime," a coalition of industry groups said in a reply brief to the 8th U.S. Circuit Court of Appeals Monday. The brief explained the Minnesota Telecom Alliance's challenge of the FCC's digital discrimination rules (docket 24-1179). The U.S. Chamber of Commerce, NCTA, Wireless Infrastructure Association National Multifamily Housing Council, ACA Connects, Wireless ISP Association and several state telecom associations also noted that the major questions doctrine "confirms" the commission lacks "the authority to regulate non-ISPs" (see 2407080012). In a separate brief, the Legal Defense Fund, Asian Americans Advancing Justice, the American Civil Liberties Union, Communications Workers of America and the United Church of Christ Office of Communication said that the FCC would "fail to achieve Congress's mandate" of facilitating equal access without establishing a disparate-impact liability. Section 1754 of the Infrastructure Investment and Jobs Act "also furthers the FCC’s ability to ferret out intentional discrimination," the groups said.
Most parts of the FCC’s three-year, $200 million cybersecurity pilot program for schools and libraries will become effective Aug. 29, a notice for Tuesday’s Federal Register said. FCC Commissioners approved the program 3-2 in June, with Republicans Brendan Carr and Nathan Simington dissenting (see 2406060043). “The Commission seeks to address the apparent needs of schools and libraries for additional support for cybersecurity services and equipment, while evaluating the impact that providing that support would have on the USF,” the notice said.
In spite of steps taken to prevent them, cyberattack threats continue to grow, AT&T said late Thursday. “As our networks evolve, they are becoming increasingly reliant on software and cloud technologies to handle growing demands for data consumption,” the carrier said in an SEC filing: “Cyberattacks against the Company and its suppliers and vendors have occurred in the past, will continue to occur in the future and are increasing in frequency, scope and potential harm over time.” During an earnings call Wednesday, company executives discussed AT&T's massive February outage; however, human error, not a cyberattack, was the culprit (see 2407240040).
The FCC on Tuesday posted a memorandum of understanding on the collection and reporting of data from federal broadband programs that it entered in May with NTIA and the Agriculture and Treasury departments. The MOU covers data and metrics from broadband programs that the FCC and NTIA oversee, as well as USDA Rural Utilities Service-administered efforts, and Treasury’s Coronavirus Capital Projects Fund (CPF) and Coronavirus State and Local Fiscal Recovery Funds (SLFRF). The FCC didn’t comment on the delay between the document’s date and its release. The MOU requires that the agencies share information about the projects and make nonconfidential data about the projects publicly available “using tools such as the FCC's Broadband Funding Map.” The agencies will also notify each other about Freedom of Information Act requests for the data and coordinate their responses to them, the MOU said. It expires in four years but can be renewed if all agencies mutually consent.