California could be first in the nation to codify the FCC’s definition of digital discrimination into state law. Assemblymember Mia Bonta (D) introduced AB-2239 on Wednesday, the California Alliance for Digital Equity said Thursday. “This bill would state the intent of the Legislature to adopt subsequent legislation that codifies a definition of ‘digital discrimination of access’ in state law that conforms to the definition adopted by the Federal Communications Commission,” said a legislative digest on the measure. In a November order (see 2311150040), the FCC defined “digital discrimination of access” as “policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact.” Defining digital discrimination could help move a proceeding on digital redlining at the California Public Utilities Commission, said Shayna Englin, California Community Foundation director-digital equity initiative, in an interview. The proceeding stalled amid argument about the definition, said Englin. CPUC digital redlining rules would guide the agency in the years ahead as it distributes $8 billion state and federal broadband funding, she said. Englin predicted a fight between digital equity advocates and the telecom industry, which is expected to oppose AB-2239. The California Broadband and Video Association is reviewing the legislation, said a spokesperson for the state cable group. USTelecom declined to comment. The Los Angeles City Council passed a similar law at the local level last month.
CTIA representatives raised concerns on parts of an FCC robocall item, teed up for a vote Feb. 15, which codifies some robocall rules while asking about applying protections in the Telephone Consumer Protection Act to robocalls and robotexts from wireless carriers to their own subscribers (see 2401250068). CTIA met with aides to Chairwoman Jessica Rosenworcel and Commissioners Geoffrey Starks and Anna Gomez, said a filing posted Thursday in docket 02-278. Proposals in the draft Further NPRM could undermine “the Commission’s consumer protection goals by compromising wireless providers’ ability to send valuable, wanted messages pursuant to the plain language of the TCPA” and the commission’s “longstanding recognition that the statute does not reach the communications made by wireless providers to their subscribers at no charge,” CTIA said.
The Schools, Health and Libraries Broadband Coalition, an intervenor on the FCC’s behalf in opposing the petition for review brought by Maurine and Matt Molak to block the use of E-rate funds for Wi-Fi on school buses (see 2401250002), supports the FCC’s motion to dismiss the Molaks’ case for lack of jurisdiction (see 2402070002), the coalition wrote the 5th U.S. Circuit Court of Appeals in a letter Wednesday (docket 23-60641). The Molaks weren't part of the proceedings before the FCC to use E-rate funds for school bus Wi-Fi, and the commission argued that participation was “a condition precedent” to judicial review under the Communications Act, plus “a jurisdictional requirement” under the Hobbs Act.
In light of the FCC’s notice Wednesday to the U.S. Judicial Panel on Multidistrict Litigation that 10 petitions for review are pending in six appellate courts, all challenging the commission’s Nov. 20 digital divide order (see 2402070058), the 8th U.S. Circuit Court of Appeals will hold the two petitions under its watch in abeyance, said its two separate orders Thursday. The petitions are from the Minnesota Telecom Alliance (docket 24-1179) and the Missouri Internet & Television Association (docket 24-1183). The cases will be held in abeyance pending further order from the panel, said the orders.
House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., said Thursday she won’t seek reelection. “After much prayer and reflection, I’ve decided the time has come to serve … in new ways,” she said. “We will spend this year honoring the Committee’s rich history -- plowing the hard ground necessary to legislate on solutions to make people’s lives better and ensure America wins the future,” Rodgers said. She became the lead House Commerce Republican in 2021 after previous panel GOP head Greg Walden of Oregon retired (see 2012020070). Rodgers has had a lead role in many major communications and tech policy debates since succeeding Walden, including as lead sponsor of the House Commerce-cleared Spectrum Auction Reauthorization Act (HR-3565), the panel’s privacy legislative talks and scrutiny of the FCC’s affordable connectivity program (see 2312150068). House Commerce ranking member Frank Pallone, D-N.J., said he's “sad to hear” Rodgers is retiring, but “I’m glad we have about a year left to get some important priorities across the finish line together.” Getting “things done around here is hard work, but Cathy and I have been able to get important legislation” to “move the ball forward on establishing a comprehensive national data privacy standard,” Pallone said. “Her departure will be an incredible loss for Congress, which I know she cares about deeply.” House Communications Subcommittee Chairman Bob Latta, R-Ohio, praised Rodgers’ “guidance and steady, principled leadership": “It would be an understatement to say her work within [House Commerce] has had a profound and positive impact on people and communities across the country." Rodgers’ departure means the House Commerce lead Republican seat for the next Congress is open. Some telecom lobbyists quickly tipped Latta as a likely contender, along with Congressional Spectrum Caucus co-Chair Brett Guthrie of Kentucky. Latta competed against Rodgers and Rep. Michael Burgess of Texas for the House Commerce GOP leadership in 2020 (see 2011180028). Burgess is among 11 other House Commerce members retiring at the end of this Congress. The others: Kelly Armstrong, R-N.D.; Lisa Blunt Rochester, D-Del.; Larry Bucshon, R-Ind.; Tony Cardenas, D-Calif.; John Curtis, R-Utah; Jeff Duncan, R-S.C.; Anna Eshoo, D-Calif.; Debbie Lesko, R-Ariz.; Greg Pence, R-Ind.; and John Sarbanes, D-Md. Ex-Rep. Bill Johnson, R-Ohio, was a House Commerce member when he resigned last month to become Youngstown State University president (see 2401020056).
The FCC completed a voluntary test of the disaster information reporting system (DIRS) Thursday, FCC Public Security Bureau Chief Debra Jordan said in an emailed statement. The test let communications providers practice filing outage reports as they would during an actual DIRS activation. The agency released a new version of DIRS in early December (see 2312040057). “We appreciate the widespread participation in this simulated DIRS activation in advance of hurricane and wildfire seasons, which will help ensure that the FCC can provide the public and emergency managers with timely, accurate data on the operational status of communications networks during disasters and support recovery efforts,” Jordan said. Because the test was primarily a practice session centered on logging in, filing and accessing reports in DIRS, there aren’t results to share, an FCC spokesperson told us.
Broadband experts emphasized the need for the FCC to reclassify broadband internet access service as a Communications Act Title II telecom service Thursday. "Today, there is no expert agency ensuring the internet is fast, open, and fair," Ramesh Nagarajan, FCC Chairwoman Jessica Rosenworcel's chief legal adviser, said during a New America Open Technology Institute event (see 2310190020). Multiple court decisions have made it clear that "Title II is the foundation of strong, legally sustainable net neutrality rules," Nagarajan said, adding it would also aid in the commission's efforts in addressing national security, cybersecurity and public safety. Hooman Hedayati, Communications Workers of America senior strategic research associate, agreed. Title II allows regulators to "require service quality standards and basic safeguards so that networks are there at times of emergencies," Hedayati said. Title II reclassification and net neutrality are "incredibly relevant to individual privacy for lots of reasons" said Stacey Gray, Future of Privacy Forum senior director-U.S. policy. "The most obvious one is that it's the most clear hook, arguably mandate, that the FCC has for promulgating specific and robust privacy rules" for broadband providers, Gray said. Future of Music Director Kevin Erickson noted net neutrality protections would also allow online creators to have more choice when deciding on platforms that best fit their business models. It gives smaller creators "the same level of access to audiences that huge corporations have," Erickson said. "Net neutrality policy is competition policy" because it ensures that consumers and small businesses can access online content and services "without undue interference by their ISP," said Incompas President Angie Kronenberg. Consumers "don't have a lot of choice" in the home broadband marketplace, Kronenberg said. Providers offering broadband service need only the nondiscriminatory access and rights provided through reclassification to "build the networks faster and more affordably," she said. "Most consumers do not have Title II-regulated services for their communications needs," Hedayati added. A national framework established at the FCC that is ultimately responsible for ensuring consumers and businesses have access to affordable services and choice is necessary, Kronenberg said, because "we don't have a place to really go right now to say there's an issue" when one is identified.
President Joe Biden’s nominee for U.S. coordinator of international communications and information policy, drew a favorable response from Senate Foreign Relations Committee Democrats during a truncated Thursday confirmation hearing. Steve Lang emphasized the need for U.S. “solidarity with like-minded partners around the world” on communications and cybersecurity issues “to better face the existential challenge from” China and other “countries that don't share our democratic values.” Lang is currently deputy assistant secretary of state-international information and communications policy.
Broadband Grant Tax Treatment Act (HR-889/S-341) lead Senate sponsor Mark Warner, D-Va., is considering attaching the measure’s language to the House-approved Tax Relief for American Families and Workers Act (HR-7024) ahead of the upper chamber’s consideration of the package. Lobbyists question whether there’s sufficient momentum for swift action on HR-889/S-341 despite communications industry interest. Meanwhile, a potential bid to allocate $3.08 billion from an FCC reauction of 197 returned AWS-3 licenses to fully fund the Secure and Trusted Communications Networks Reimbursement Program (see 2401240001) is unlikely to become part of the 2024 National Security Act supplemental appropriations package but could be a factor in talks for other must-pass legislation this year.
Space operators see themselves facing emerging policy hurdles around the globe that could impede satellite spectrum sharing and satellite mesh networks. At the SmallSat Symposium in Silicon Valley Thursday, there also was discussion about the growing challenges of an increasingly noisy and crowded low earth orbit (LEO) environment and talk of the need for a global approach to space sustainability.