The FCC is seeking information from nine other federal agencies about test labs with Chinese government ties as the agency considers a proposed rulemaking barring these labs from the FCC equipment authorization process (see 2405020071). Requests went to the Bureau of Industry Security, the Cybersecurity and Infrastructure Security Agency, DOD, DOJ, the Federal Acquisition Security Council, FBI, Department of Homeland Security, the National Counterintelligence and Security Center and NSA, per a notice in Friday’s Daily Digest. The FCC asked for responses by May 16.
The American Civil Rights Project supports the 20 industry petitioners arguing that the 8th U.S. Circuit Appeals Court should vacate the FCC’s digital discrimination broadband rule since it runs afoul of the law and isn’t based on clear congressional intent (see 2404230032), according to the nonprofit’s amicus brief. It was filed Wednesday in docket 24-1179.
A proposal that the FCC launch a rulemaking authorizing 5/5 MHz broadband deployments in the 900 MHz band received support in comments, which were due Thursday in docket 24-99. But commenters stressed that the relocation process must be voluntary, and that the rules must protect incumbents from harmful interference. The filings offer a snapshot of how 900 MHz is used today.
Vermont’s net neutrality law seems in good shape legally following two significant, late-April decisions by the FCC and the 2nd U.S. Circuit Court of Appeals, said experts on the statute. ISP groups must decide what to do with their 2018 lawsuit at U.S. District Court of Vermont now that the case can resume following the 2nd Circuit ruling.
The FCC should rein in its Enforcement Bureau to avoid conflicts with recent and expected U.S. Supreme Court decisions, though the current bureau doesn’t “overreach” as frequently as it did under former Chairman Tom Wheeler, FCC Commissioner Brendan Carr said Thursday during a Wiley panel discussion called “Opportunities to Reform FCC Enforcement." Carr told us, “The jury is still out” on whether the EB under FCC Chairwoman Jessica Rosenworcel needs reform, he said in an interview after the panel discussion: “We’re not off the rails the way the agency was during the Wheeler tenure."
The FCC plans to update its orbital debris mitigation docket, its Space Bureau said in a docket 18-313 public notice Thursday. It said it especially wanted comments about whether to analyze collision risks for non-geostationary orbit systems aggregately or per satellite, and about the use of U.S. Orbital Debris Mitigation Standard Practices’ probability of collision metric as a threshold or safe harbor as a means of identifying systems that may need further review. In addition, it said it was seeking updated input evaluating the likelihood of individual satellite maneuvering failures within a multisatellite system.
The FCC should issue an NPRM seeking comment on a proposed report about content vendor diversity, Allen Media, the United Church of Christ Media Justice Ministry, the National Coalition on Black Civic Participation, Black Women’s Roundtable, and attorney David Goodfriend of I Street Advocates said in a meeting with an aide to Commissioner Geoffrey Starks Tuesday, according to an ex parte filing posted Thursday in docket 22-209. A petition for rulemaking on the proposal was already the subject of a round of comments in 2022 (see 2207250060). The proposed report “will be effective and not burdensome,” the filing said. The proposal would collect data from FCC regulatees that operate media companies -- such as Disney and Google -- about their vendors. “No vendor, including small vendors, will be required to submit data, but the data that is submitted will add to the publicly available information.” The data would “be consistent, according to FCC-adopted definitions and thus can be compared easily with each other, unlike the anecdotal information available now.” Creating the report would be in line with provisions in the Cable Act authorizing the FCC to adopt rules specifying how regulatees encourage minority and female entrepreneurship, the filing said.
The cable industry is urging the FCC to simplify the proposed reinstatement of the collection of FCC Form 395-A, which concerns the workforce composition of multichannel video programming distributors (MVPDs). Smaller MVPDs especially lack resources for handling extensive regulatory requirements, ACA Connects said in docket 98-204 comments this week. It said the agency should let 395-A submissions be made through the Cable and Operations Licensing System, which would help minimize compliance costs. It also urged that mandatory 395-A submissions not occur until at least a year from the effective date of an order reinstating data collection. NCTA also suggested ways of reducing cable operator burden, such as requiring information be made available only through the FCC-hosted Online Public Information File, rather than also through MVPD local facilities or websites. NCTA said the FCC should opt for EEO-1 forms, which would provide substantially similar information, rather than 395-As. American Free Enterprise and the U.S. Chamber of Commerce said collecting and disclosing race, gender and ethnicity employee data "is intended to pressure MVPDs to discriminate in recruiting and hiring to bring their workforce composition in line with prevailing notions of 'diversity,'" They urged withdrawal of the proposed rule, saying that publishing the data to pursue increased representation of certain demographics at MVPDs goes against the Fifth Amendment.
LTD Broadband asked to partly relinquish its eligible telecom carrier designation in Minnesota due to the FCC canceling the company’s Rural Digital Opportunity Fund (RDOF) support. In a Wednesday letter to the Minnesota Public Utilities Commission, CEO Corey Hauer said the FCC decision “has left us disappointed and puzzled, as [it] seems to contradict the very purpose of RDOF: to connect unserved and underserved Americans.” LTD seeks to give up ETC status only for RDOF, not for the Connect America Fund Phase II, he clarified. Hauer’s letter marks a turnaround from November when he told the state commission that he still wanted to defend his company and keep the ETC designation (see 2311160039). State telecom and electric industry groups had asked the PUC to revoke the company’s ETC certificate (docket 22-221). The Minnesota Telecom Alliance “is pleased to see this contested case come to closure,” MTA President Brent Christensen said Thursday. “LTD’s decision … is very appropriate given the recent decisions of the FCC.” Hauer told us in an email Thursday that his company “doesn't intend to relinquish ETC designation in any other state.” It's doing so in Minnesota, said Hauer, because MTA and the Minnesota Rural Electric Association (MREA), supported by Minnesota’s attorney general office and commerce department, “refused to pause” the proceeding to revoke the broadband company's ETC status while LTD challenged the FCC decision at the D.C. Circuit U.S. Court of Appeals. “They did so under the false premise that we were in imminent danger of being awarded RDOF funds without … saying how much they hate competition and how only MTA or MREA members are capable of building broadband networks," he said. "I am not going to let them waste more of our time and money.” If LTD wins against the FCC on appeal, “I expect to aggressively build our RDOF areas in entirety,” the CEO added.
Nokia representatives met with FCC Wireline Bureau staff to discuss tweaking the Secure and Trusted Communications Networks Reimbursement Program. Some invoices submitted in September haven’t been paid and even adjustments of a few pennies need to be “kicked back, corrected and reprocessed again,” said a filing posted Thursday in docket 18-89.