Groups representing electric utilities on Friday opposed a controversial proposal giving the FirstNet Authority effective control of the 4.9 GHz band. The Edison Electric Institute, the National Rural Electric Cooperative Association and the Utilities Technology Council expressed “grave concern” about rumors the FCC is considering an order that would “cede local control of the 4.9 GHz band from public safety organizations” to the authority. Taking control from public safety users “could undermine their ability to tailor communications solutions to their specific needs,” the utilities said: It could “stifle the development of non-commercial applications in the band.” The filing said “fundamental questions have been raised about FirstNet's legal authority to operate outside the 700 MHz band, and its past performance with AT&T raises concerns about service prioritization for public safety.” The filing was made in docket 07-100. The FCC has not yet posted it. The FCC should also consider the communications needs of critical infrastructure entities, the groups said.
The FCC released its September directions on applying for designation as a cybersecurity labeling administrator (CLA) or lead administrator under the new voluntary cyber-trust mark program (see 2409100052). The notice for Monday's Federal Register provides guidance on the application format, filing fees, selection criteria, the sharing of expenses, lead administrator neutrality and confidentiality and security requirements. The notice also said written comments on the Paperwork Reduction Act information collection requirements imposed by the rules are due Dec. 20. Commissioners approved the cyber mark program 5-0 in March (see 2403140034).
Consumer and public interest groups on Friday asked the FCC to act on a handset unlocking mandate, proposed in a July NPRM (see 2407180037). “Wireless users are subject to unnecessary restrictions in the form of locked devices, which tie them to their service providers even when better options may be available,” the letter said: “Handset locking practices limit consumer freedom and lessen competition by creating an artificial technological barrier to switching providers.” Among the 15 groups signing on were Public Knowledge, New America’s Open Technology Institute, Consumer Reports, the National Consumers League, the National Consumer Law Center and the Benton Institute for Broadband & Society. T-Mobile, meanwhile, warned that the mandate would harm consumers. It estimates prepaid customers “would see subsidies reduced by 40% to 70% for both its lower and higher-end devices, such as the Moto G, Samsung A15, and iPhone 12,” said a filing made Thursday in docket 24-186: “A handset unlocking mandate would also leave providers little choice but to limit their handset offers to lower cost and often lesser performing handsets.” T-Mobile also questioned whether the FCC has the legal authority to impose the rules. Company representatives spoke with staff from the FCC Wireless Bureau and Office of Economics and Analytics.
The 5th U.S. Circuit Appeals Court on Friday denied a U.S. government motion to hold in abeyance a challenge of the FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses pending a U.S. Supreme Court decision in another case (see 2410090025). That case, U.S. Nuclear Regulatory Commission v. Texas, considers whether the Hobbs Act permits a “party aggrieved” by an agency’s “final order” to seek review in a federal court of appeals and “allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority.” The 5th Circuit denied the motion without commentary (docket 23-60641).
The FCC proposal that mandates "consumer choice in captioning delivery method" for IP captioned telephone service (IP CTS) providers could "hinder competition and innovation," ClearCaptions said in separate meetings with aides to Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks. Instead, ClearCaptions suggested launching a notice of inquiry that will "collect information to determine if such a feature is in the best interest of IP CTS customers," according to an ex parte filing Friday in docket 03-123. The company also expressed concern with the validation process for the telecom relay service user registration database (TRS-URD), saying the system "would not consider formatting variances as validation features."
The FCC’s Disability Advisory Committee met for the last time Friday under its current charter, approving reports from its three working groups (WGs), none of which was immediately available. The next DAC is slated for December, FCC officials said. A report from the WG on Best Practices for Quality Telecom Relay Service for Individuals with Multiple Disabilities emphasized that “functional equivalence does not mean the same thing to two people,” said co-Chair Cristina Duarte, InnoCaption director-regulatory affairs. “It is highly unique and what one person needs for accessibility in telecommunications is not necessarily what another person needs.” The report underlined the importance of offering flexible features, which can work with other app-based solutions. It also noted the need for education and outreach about services that are available and the importance of security, Duarte added. Another report, from the WG on the Use of AI to Caption Live Video Programming, examines the state of automatic speech recognition (ASR) and potential use of evolving technologies, said co-Chair Shadi Abou-Zahra, Amazon principal accessibility standards and policy manager. It considers cloud-based and on-premises ASR, examining “the pros and cons” of ASR based on the principles of accuracy, synchronicity, program completeness and placement, he added. A third report reviews online gaming accessibility for people who are blind or have low vision. FCC Chairwoman Jessica Rosenworcel told the DAC an order that commissioners approved Thursday mandating 100% hearing-aid compatibility for phones sold in the U.S. (see 2410170030) is “a big deal” and “historic.” The HAC order “means that in the not too distant future hearing aid users will be able to consider any handset model for purchase rather than just a limited number of phones.” Rosenworcel noted she has backed the mandate for nearly 10 years. Change takes longer than the two-year term of any DAC, she said: It requires "a special level of patience and special kind of perseverance.” Technological innovation, said FCC Commissioner Anna Gomez, potentially can “close the digital divide ... implement creative spectrum solutions ... improve public safety systems and ... foster a vibrant media ecosystem.” Everyone must feel these benefits, "including the disability community.” Gomez stressed the importance of “accessibility by design” for communications products and noted the HAC order. “This is a big deal, and it’s a crucial way that the FCC acted to make communications services accessible to all.” DAC last met in May (see 2405160051).
The FCC and a coalition of industry and consumer groups urged the U.S. Supreme Court to grant their pending petitions for a writ of certiorari regarding the 5th U.S. Circuit Court of Appeals' ruling in Consumers' Research's challenge of the Universal Service Fund contribution mechanism (No. 24-354). The FCC, in a reply brief Thursday, said the two pending petitions are "better vehicles for clarifying the law in this sphere" than Consumers' Research's petition of the 6th and 11th circuits' rulings (see 2410010024). The 5th Circuit addressed whether Congress delegated legislative power to the FCC, whether the agency delegated governmental power to a private entity, and whether the combination of the two violates the Constitution. The 6th and 11th circuits "did not specifically discuss whether the combination of the two alleged delegations violates the Constitution, and the petitions seeking review of those circuits’ decisions do not raise that question," the FCC said. The 5th Circuit is the only court to have found a nondelegation violation, the commission noted. "Granting certiorari in this case would allow the Court to directly review the 5th Circuit's reasoning," the FCC said. The agency also noted that SCOTUS has already denied petitions seeking review of the 6th and 11th Circuit decisions. Consumers' Research said in a reply brief to the coalition petition that there wasn't a reason to grant it "as their interests are adequately represented by the government" (No. 24-422). NTCA, the Competitive Carriers Association, USTelecom, the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance, and Media Justice petitioned SCOTUS to review the 5th Circuit ruling. Consumers' Research noted the coalition didn't seek to intervene in subsequent challenges it filed since that ruling, "apparently confirming their interests are adequately represented by the government."
A bipartisan group of 51 attorneys general warned iDentidad Telecom Friday that they could take enforcement action should the company continue transmitting illegal robocalls. The FCC sent iDentidad a cease-and-desist letter the same day. iDentidad should immediately stop transmitting illegal traffic, said the AGs' Anti-Robocall Multistate Litigation Task Force in a letter. It warned of possible violations of state consumer protection laws and the federal Telemarketing Sales Rule, Telephone Consumer Protection Act and Truth in Caller ID Act. The FCC and FTC sent similar warnings in November (see 2401300066). Call traffic data from USTelecom’s Industry Traceback Group “shows that it issued at least 190 traceback notices to iDentidad since 2021 … for calls it originated, accepted, and/or transmitted onto and across the U.S. telephone network,” including more than 60 after the FCC and FTC warnings, wrote North Carolina Special Deputy AG Tracy Nayer in the task force letter: The notices “cited recurrent high-volume illegal and/or suspicious robocalling campaigns concerning, in part, IRS/SSA government imposters, tax relief, financial impersonation, private entity imposters, Chinese-language delivery and impersonations, and utilities disconnect scams, with iDentidad serving as the gateway provider for almost 90% of this call traffic.” Also, the company reported receiving illegal or suspicious robocalls directly from foreign service providers not listed in the FCC robocall mitigation database, said Nayer. The FCC Enforcement Bureau warned iDentidad that failure to comply “may result in downstream voice service providers permanently blocking all of Identidad’s traffic.” Also, the commission notified all U.S.-based voice providers that they are permitted to block robocalls transmitted from iDentidad if the company fails to mitigate the traffic. Chairwoman Jessica Rosenworcel said, “Federal and state cooperation is critical for protecting consumers. We cannot allow scammers to target families with fake ‘transaction alerts’ from credit card companies and money transfer services.” Separately, North Carolina AG Josh Stein (D) sued Club Exploria in state court for allegedly spamming more than 1 million people without consent. “Club Exploria broke the law to bombard North Carolinians with robocalls,” said Stein Friday.
Elon Musk has emerged as among the most enthusiastic supporters of former President Donald Trump’s presidential campaign, giving nearly $75 million in three months to his pro-Trump America PAC. Musk has danced at a Trump rally wearing a “dark MAGA” hat and announced Wednesday he would support Trump in a series of appearances throughout Pennsylvania.
Addressing tribal issues is important, but it shouldn’t slow the rollout of the $9 billion 5G Fund that FCC commissioners approved in August, the Competitive Carriers Association said in comments posted Friday in docket 20-32. Commissioner Brendan Carr dissented on the 5G Fund item, which included a Further NPRM on tribal issues (see 2408290022). Tribes and their associations commented on the importance of cooperation with tribal governments (see 2410170045).