Federal Communications Commission (FCC)

House Communications Subcommittee leaders are monitoring from afar Senate Commerce Committee negotiations on a potential compromise spectrum measure with an eye on the legislative clock as they question if a viable alternative to the existing Spectrum Innovation Act (HR-7624) is achievable amid the jam-packed lame-duck session. Fraught talks are underway aimed at reaching a deal on an FY 2023 appropriations omnibus package seen as a potential vehicle for passing spectrum legislation and allocating new funding for two bipartisan telecom priorities: the FCC’s Secure and Trusted Communications Networks Reimbursement Program and next-generation 911 tech upgrades. Hill leaders released a compromise version of the FY 2023 National Defense Authorization Act Tuesday without language authorizing funding for the telecom priorities (see 2212070056).

A bid to circumvent FCC barriers on broadcasters airing ads for cannabis products in states where they're legal faces uncertain prospects on Capitol Hill. Federal law bars broadcasters from carrying ads for marijuana and other schedule 1 controlled substances. The House passed its FY23 FCC appropriations bill (HR-8294) in July with a rider barring the FCC from using its funding to revoke or otherwise condition a broadcaster’s license because it airs ads for cannabis products (see 2206270061).

The FCC will consider an NPRM that would define digital discrimination and adopt best practices for states and local governments to combat it, during the commissioners' Dec. 21 meeting. Also on the agenda are an Enforcement Bureau action and NPRMs seeking comment on ways the FCC can facilitate acceptance of satellite and earth station applications under its Part 25 rules, on a proposal to require wireless carriers and text providers to use location-based routing to avoid misrouting wireless 911 calls and texts, and on proposed modifications to the Telecom Relay Service Fund.

Having heard the spectrum and regulatory needs of in-space servicing, assembly and manufacturing companies, the FCC now needs to move quickly on an NPRM to address them, ISAM operators said in docket 22-271 reply comments Tuesday. The commission received comments last month in its notice of inquiry about ways to aid nascent ISAM operations (see 2211010025). NTIA said it and federal agencies "support and commend" FCC efforts toward ensuring ISAM industry activities have access to spectrum and helping drive ISAM growth.

Chinese companies appear likely to take the FCC to court with the commissioners approving, as expected, a draft order to further clamp down on gear from Chinese companies, preventing the sale of yet-to-be authorized equipment in the U.S. The order, circulated by FCC Chair Jessica Rosenworcel Oct. 5, bans FCC authorization of gear from companies including Huawei, ZTE, Hytera Communications, Hikvision and Dahua Technology.

The American Radio Relay League asked the FCC for a waiver of the commission’s Part 97 rules to communicate with military stations as part of Pearl Harbor Day commemorations Dec. 6 and 7. “As already authorized on the federal government side, the military stations will transmit on 14.375, 18.170, and 21.460 MHz,” said a filing posted Friday. “On the Amateur Radio side, operators will respond solely on frequencies being monitored and announced by the military operators, all of which will be frequencies authorized for use by Amateur Radio operators and on which all related FCC regulations will continue to apply, such as mode, maximum power, and license class,” ARRL said.

FCC commissioners approved rules to improve the delivery of outage information to public safety answering points 4-0 Thursday, largely as circulated by Chairwoman Jessica Rosenworcel. Last week, APCO, CTIA, wireless carriers, ATIS and others sought a few changes to the draft order (see 2211140072). The order was approved before commissioners held a virtual field hearing on other potential changes that could be made to disaster-related rules (see 2211170079).

NEW ORLEANS -- State regulators’ telecom priority in the year ahead will be “trying to deploy where broadband isn’t,” said new NARUC President Michael Caron in an interview at the association’s conference here. Caron hopes new FCC broadband maps coming Friday will be more accurate and include more people who lack service, he said. On a Monday panel about the maps, state commissioners asked an FCC official if the agency is up to the task and what states can do to help.

The AFL-CIO, Communications Workers of America and six other unions urged Senate Democratic leaders to take “swift action” to confirm FCC nominee Gigi Sohn. The nominee’s backers hope there will be a path forward to approve her during the lame-duck session (see 2209130065), especially now that Democrats will maintain control of the Senate in the next Congress. Sohn’s confirmation process has been stalled more than eight months since the Senate Commerce Committee tied 14-14 on advancing her to the floor (see 2203030070). The FCC “needs a fully seated commission in order to make critical decisions during a period of increased federal investment in broadband networks and digital equity initiatives,” the unions told Senate Majority Leader Chuck Schumer, D-N.Y., and Commerce Chair Maria Cantwell, D-Wash., in a letter released Tuesday. “Sohn’s voice, experience, and expertise are just what the FCC needs. Once confirmed, she will continue to be a staunch champion for workers and consumers. Sohn fully understands our complex telecommunications and media landscape, the importance of diversity and inclusion for all people, and will work diligently to ensure all viewpoints are represented in FCC decisions.” The other signers were the American Federation of Teachers, American Federation for State, County and Municipal Employees, the International Brotherhood of Electrical Workers, National Treasury Employees Union, Service Employees International Union and Writers Guild of America West.

The Messaging Malware Mobile Anti-Abuse Working Group (M3AAWG) and other commenters questioned whether the FCC needs to impose rules on text messaging similar to those in place for robocalls, in comments responding to a September NPRM. A few commenters said text spoofing can be an issue, and consumer groups said there are things the FCC can do. Comments were due Thursday and posted last week and Monday in docket 21-402.