The Open Technology Institute at New America refuted arguments that CTIA made last week about the treatment of 5G slicing under draft FCC net neutrality rules (see 2404170032). CTIA claims the group wants to limit slicing, OTI said in a filing posted Tuesday in docket 23-320. “We strongly support innovative data services made possible by 5G mobile network slicing techniques” and “application-level services for enterprise use could be presumptively considered to be” non-broadband internet access service, the group said: “However, we do seek clarification that with respect to consumer-facing (retail) services offered to BIAS customers, mobile BIAS providers must not be allowed to evade the open internet rules by using network ‘slicing’ to engage in application-specific or content-specific discrimination.” OTI notes it’s seeking an addition to the language in the rules clarifying when the FCC is “likely to find” that an offering violates the rules.
The FCC wants comments by May 23, replies by June 24, in docket 22-238 on a Further NPRM concerning steps the commission can take under the Safe Connections Act that will help survivors of domestic violence access safe, affordable connected car services, said a notice in Tuesday's Federal Register. Commissioners approved the item earlier this month (see 2404080072).
Hotwire Communications asked the FCC to abandon its proposal to ban bulk billing arrangements between ISPs and multi-tenant buildings in a meeting with Commissioner Nathan Simington and aides (see 2403050069). Hotwire said in an ex parte filing posted Tuesday in docket 17-142 that the FCC determined in 2010 that bulk billing arrangements are "pro-competitive" and the record since then lacks evidence supporting a ban. The company asked that the item be considered during a commission meeting, saying it would "enable the public to review and provide input on the draft rulemaking for three weeks prior to the vote." It also asked that rules not apply to existing bulk billing agreements, since "numerous parties have made significant investment and deployment decisions in reliance on the 2010 decision."
Sen. Steve Daines, R-Mont., filed an amendment Tuesday seeking to attach language from his Supporting National Security with Spectrum Act (S-4049) to the House-approved FY 2024 national security appropriations supplemental package (HR-815) as an alternative vehicle for allocating an additional $3.08 billion for the FCC’s Secure and Trusted Communications Networks Reimbursement Program. S-4049, which Daines filed in March (see 2403220056), would offset the additional rip and replace funding by authorizing a reauction of the 197 AWS-3 licenses that Dish and affiliated designated entities returned to the commission last year. The Senate rejected a Thursday bid from Sen. Mike Lee, R-Utah, to open HR-815 up for amendments. “Removing Chinese telecom equipment from our wireless networks is a matter of national security,” Daines said in a statement. “Rural providers must have the resources and ability to remove compromised equipment. Without it, our wireless systems are at severe risk. This service is also critical for many Montanans in eastern Montana who could lose 911 and cell service. We must get this done before it’s too late.” Daines unsuccessfully attempted to attach the funding to the Further Consolidated Appropriations Act FY 2024 minibus spending bill last month (see 2403210067). He also previously considered filing the rip-and-replace language when the Senate was eyeing a version of the foreign aid package in January (see 2401240001). Lawmakers are continuing to eye using a spectrum legislative package to pay for additional rip-and-replace funding (see 2403140066).
NAB hailed refiling of the Broadcast Varied Ownership Incentives for Community Expanded Service Act (HR-8072/S-4158), which would restore the minority ownership tax certificate. Congressional Black Caucus Chairman Rep. Steven Horsford, D-Nev., and Sen. Gary Peters, D-Mich., led refiling of the measure last week. HR-8072/S-4158, like previous iterations (see 2108120054), would also direct that the FCC make recommendations on ways for improving ownership diversity. “Reinstating the diversity tax certificate program is a meaningful step to level the playing field and amplify underrepresented voices in media,” said NAB CEO Curtis LeGeyt. “A tax incentive program is a proven solution that significantly diversified the ranks of broadcast owners over its nearly two decades of existence.”
The FCC Public Safety Bureau issued an order granting a two-week extension request from Public Knowledge and several other groups for comment deadlines for responses to the agency’s outage reporting Further NPRM (see 2404170053). Comments on the item are now due May 13, replies June 12. The groups requested the extension because of the proximity of the original April 29 deadline to the agency’s net neutrality vote Thursday and the Passover holiday. “We conclude that the totality of the circumstances warrants a limited 14-day extension of the comment and reply deadlines to facilitate the development of a comprehensive record in this proceeding,” said the order.
Section 60506 of the Infrastructure Investment and Jobs Act “should have been as unremarkable as it was uncontroversial,” said a brief Monday (docket 24-1179) in the 8th U.S. Circuit Court of Appeals from 20 industry and business petitioners, including CTIA and the U.S. Chamber of Commerce, in support of their 16 consolidated challenges to the FCC’s Nov. 20 digital discrimination order (see 240319004).
The Insurance Marketing Coalition asked the 11th U.S. Circuit Appeals Court to reject the FCC’s opposition to the coalition’s motion to stay portions of the commission’s Dec. 18 order implementing rules under the Telephone Consumer Protection Act to target and eliminate illegal robotexts, pending the disposition of the coalition’s appeal to vacate the order, the coalition’s reply said Monday (docket 24-10277).
Vermont National Telephone (VTEL) is challenging the DOJ's move to dismiss fraud litigation against Dish Network and designated entities (DE) Northstar Wireless and SNR Wireless regarding 2015's AWS-3 auction (see 2403040052).
California state and local enforcers could seek injunctive relief for digital discrimination under modification to a bill by Assemblymember Mia Bonta (D). The Assembly Judiciary Committee approved AB-2239 with the amendment at a livestreamed meeting Tuesday. The panel and the Senate Judiciary Committee also considered multiple bills on algorithms and social media.