Legislators, broadcasters, cable groups, the Heritage Foundation and civil rights groups disagree on whether the FCC can or should require disclosures for political ads created with generative AI, according to comments filed in docket 24-211 by Thursday’s deadline.
Federal Communications Commission (FCC)
What is the Federal Communications Commission (FCC)?
The Federal Communications Commission (FCC) is the U.S. federal government’s regulatory agency for the majority of telecommunications activity within the country. The FCC oversees radio, television, telephone, satellite, and cable communications, and its primary statutory goal is to expand U.S. citizens’ access to telecommunications services.
The Commission is funded by industry regulatory fees, and is organized into 7 bureaus:
- Consumer & Governmental Affairs
- Enforcement
- Media
- Space
- Wireless Telecommunications
- Wireline Competition
- Public Safety and Homeland Security
As an agency, the FCC receives its high-level directives from Congressional legislation and is empowered by that legislation to establish legal rules the industry must follow.
The FCC urged that the 5th U.S. Circuit Appeals Court reject Maurine and Matthew Molak's challenge of the commission’s October declaratory ruling clarifying that the use of Wi-Fi on school buses is an educational purpose and eligible for E-rate funding (see 2408300027). In a brief Wednesday, the agency argued the Molaks lack standing to bring the challenge and the agency acted within the law when it addressed school bus Wi-Fi.
House Oversight Committee Democrats tussled with Republican FCC Commissioner Brendan Carr during a Thursday hearing over his responses to their questions about former President Donald Trump’s call to revoke ABC’s licenses over the network’s handling of his Sept. 10 presidential debate against Vice President Kamala Harris (see 2409110058). House Oversight Democrats also repeatedly highlighted that Carr wrote the telecom chapter of the Heritage Foundation’s Project 2025 policy agenda (see 2407050015). Panel Republicans focused on amplifying Carr’s criticism of NTIA’s implementation of the $42.5 billion broadband equity, access and deployment (BEAD) program (see 2408070023).
Consumer advocates said the California Public Utilities Commission should move ahead with service quality rule changes that the telecom industry says would be illegal. “The Commission has the authority and supporting precedent to impose meaningful enforcement mechanisms for its customer protection and service quality rules,” The Utility Reform Network (TURN) and Center for Accessible Technology (CforAT) said in reply comments the CPUC received Tuesday. However, telecom industry commenters said a CPUC staff proposal and consumer groups' proposed additions aren’t supported by facts, the law or policy reasons.
Senate Commerce Committee Chair Maria Cantwell, D-Wash., is eyeing attaching her Spectrum and National Security Act (S-4207) to an end-of-year package instead of pursuing another markup attempt before Congress recesses at the end of September for pre-election campaigning. She previously eyed a potential September markup of S-4207 (see 2408150039) in hopes of resurrecting the measure after it repeatedly stalled earlier this year. S-4207 would restore the FCC’s spectrum auction authority through Sept. 30, 2029, and provide a vehicle for allocating funding for the commission’s lapsed affordable connectivity program and other telecom priorities.
After senators sent letters to all five FCC commissioners Friday calling for the agency to avoid “weaponization” of its licensing authority against broadcasters, Commissioner Nathan Simington responded, saying the FCC should renew the license of Fox station WTXF-TV Philadelphia over the opposition of public interest group the Media and Democracy Project (MAD). Letters from Sens. Ed Markey, D-Mass., and Ron Wyden, D-Ore., referenced recent comments from Republican presidential nominee Donald Trump against ABC (see 2409120056).
House Administration Committee ranking member Joe Morelle of New York, Communications Subcommittee ranking member Doris Matsui of California and other Democrats voiced continued support Wednesday for FCC Chairwoman Jessica Rosenworcel’s embattled AI political ad disclosures NPRM (see 2407250046). However, they suggested the agency should take further steps if Congress can agree on relevant legislation. Congressional Republicans have repeatedly criticized FCC action on the matter so near the November elections, including during a July House Communications agency oversight hearing (see 2407090049).
The FCC and other parties that Standard General and founder Soohyung Kim accuse of participating in a racist conspiracy to torpedo the company's $8.6 billion purchase of Tegna (see 2404250059) are urging dismissal of Standard's suit. Multiple defendants argued in motions to dismiss Monday that Standard's suit before the U.S. District Court of the District of Columbia is in the wrong court. The U.S. Court of Appeals for the D.C. Circuit in April denied a Standard/Tegna petition for writ of mandamus aimed at pushing the FCC to move on review and approval of the deal (see 2304210058).
A group of companies and associations, including Federated Wireless and Charter Communications, urged the FCC in comments this week to adopt a nonexclusive, nonauctioned shared licensed framework in the lower 37 GHz band. The band is one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Comments were due Monday in docket 24-243 and most were posted on Tuesday.
Direct Action for Rights and Equality (DARE) asked the 1st U.S. Circuit Court of Appeals to hold parts of the FCC's order on incarcerated people's communications services unlawful and remand the issue to the commission in a petition filed last week (docket 24-1814). The group filed a protective petition to "safeguard its rights in pursuing litigation" because only part of the order was published in the Federal Register. The published portion of the order addressed petitions for reconsideration, clarification and a waiver (see 2408230012). DARE noted it was "aggrieved by the order itself" and "does not claim to be separately aggrieved by the limited portion of the order" that was published.