Safe Connections Act

Senate Privacy Subcommittee Chairman Richard Blumenthal, D-Conn., urged the FCC Tuesday to “adopt strong rules” as part of its implementation of the Safe Connections Act “to protect the privacy of domestic violence survivors and to ensure their access to critical phone and broadband services.” Comments are due April 12, replies May 12, in docket 22-238 on FCC implementation of the statute to improve access to communications services for survivors of domestic violence (see 2303130007). The FCC should “ensure the process is made easy for survivors of domestic violence to access the privacy, safety, and financial protection provided in the bill,” Blumenthal said in a letter to FCC Chairwoman Jessica Rosenworcel. “I agree with survivor advocacy and direct service organizations that the Commission should adopt rules that lower barriers to access Lifeline and the Affordable Connectivity Program. Setting the standard of survivor identification to be self-attestation, rather than requiring a third-party to ‘vouch’ abuse and financial difficulties, can enhance survivor agency and access to low-cost phone service programs.” Blumenthal also supports “strengthening the FCC’s privacy rules to protect domestic violence survivors that are accessing support resources, such as shelters and assistance hotlines.”

The FCC wants comments by April 12, replies May 12, in docket 22-238 on how to implement the Safe Connections Act and improve access to communications services for survivors of domestic violence, said a notice in Monday's Federal Register. Commissioners approved an NPRM in February (see 2302160024).

FCC commissioners moved to assist survivors of domestic violence by approving an NPRM on access to affordable communications services, during the agency's open meeting Thursday (see 2301260050). lt also approved an item seeking comment on ways to further participation among tribal libraries in the E-rate program.

The FCC will do more to help survivors of domestic violence get access to communications services during the agency's Feb. 16 meeting (see 2301250061). Commissioners will consider a draft NPRM on implementing the Safe Connections Act. The draft item would seek comment on the law's requirement that mobile providers separate a survivor's phone line from an abuser within two business days after receiving the request, said a fact sheet. The item would seek comment on whether there are "operational and technical limitations" that covered providers may face to complete such a request. It also proposes to require that consumer-facing call logs and text message records omit calls or texts made to hotlines listed in a central database created by the commission and updated monthly. If adopted, the item will seek comment on ways to streamline enrollment in Lifeline and the affordable connectivity program for survivors facing financial hardship. "We believe that these measures will aid survivors who lack meaningful support and communications options when establishing independence from an abuser," the draft item said. Comments would be due 30 days after Federal Register publication, 60 days for replies. The agency will also seek comment on ways to encourage tribal participation in E-rate, said a draft NPRM also set for the February agenda. The draft item asks for feedback on creating a separate or extended filing window for tribal libraries, simplifying E-rate cost allocation rules, and increasing the maximum discount rate level and funding floor for tribal schools and libraries. It also seeks comment on allowing tribal college libraries to be eligible for E-rate funds, defining “Tribal” in E-rate and adding a tribal representative to the Universal Service Administrative Corp. The draft also asks whether “similar reforms may be needed to encourage greater participation by non-Tribal applicants, particularly if they face barriers that impede equitable access” to E-rate. The draft NPRM would also direct the Office of Native Affairs and Policy and the Wireline Bureau to “conduct government-to-government consultation as appropriate with Tribal Nations” on the issues raised in the NPRM. Comments would be due 45 days after FR publication, replies 75 days after.

The FCC will consider an item to help domestic violence survivors get access to "safe and affordable connectivity" during the commissioners' Feb. 16 open meeting, Chairwoman Jessica Rosenworcel wrote in a Wednesday note (see 2208190056). Rosenworcel will meet with My Sister's Place, a shelter in Washington, D.C., next week to "help to ensure these ongoing efforts are informed by the experiences of domestic violence survivors and the organizations that serve them," she said. Rosenworcel said commissioners will consider proposed rules under the Safe Connections Act, including rules to "help survivors separate service lines from accounts that include their abusers, protect the privacy of calls made by survivors to domestic abuse hotlines, and support survivors who suffer from financial hardship access our Lifeline and affordable connectivity programs" (see 2212070055). Also on the agenda is an item seeking comment on ways to improve a pilot program aimed at increasing tribal library enrollment in the E-rate program (see 2210200046). "Libraries are a vital source of internet access across Indian country," Rosenworcel said. Commissioners will also consider an adjudicatory matter from the Media Bureau.

President Joe Biden signed the Safe Connections Act (HR-7132) Wednesday, the White House said. The measure, which the Senate passed in November (see 2211180079), would let domestic abuse survivors separate a mobile phone line from any shared plan involving their abusers without penalties or other requirements and require the FCC to establish rules that ensure calls and texts to domestic abuse hotlines don’t appear on call logs. The House cleared the bill in July (see 2207280052). The measure’s sponsors praised Biden for signing it. “Giving domestic violence abusers control over their victims’ cell phones is a terrifying reality for many survivors,” said Sen. Brian Schatz, D-Hawaii. “Right now there is no easy way out for these victims -- they’re trapped in by contracts and hefty fees. Our new law will help survivors get out of these shared plans and help victims stay connected with their families and support networks.” It’s “another important step toward ensuring all victims of domestic violence have the support they need and deserve,” said Sen. Deb Fischer, R-Neb. “This new law ensures all survivors can remove themselves from shared phone plans without prohibitive costs and requirements, and enroll in the Lifeline Program or the Affordable Connectivity Program to obtain new phones or phone services at discounted prices,” said Rep. Anna Eshoo, D-Calif. It's “a meaningful step forward in supporting and protecting individuals who are facing domestic abuse and violence,” said Rep. Annie Kuster, D-N.H.

The Senate passed the House-approved Safe Connections Act (HR-7132) Thursday by unanimous consent, sending the measure on for President Joe Biden’s signature. The measure, which the House cleared in July (see 2207280052), would let domestic abuse survivors separate a mobile phone line from any shared plan involving their abusers without penalties or other requirements and require the FCC to establish rules that ensure calls and texts to domestic abuse hotlines don’t appear on call logs. The Senate previously passed HR-7132 companion S-120 in March (see 2203180070). “Giving domestic violence abusers control over their victims’ cell phones is a terrifying reality for many survivors,” Sen. Brian Schatz, D-Hawaii, said. “Right now there is no easy way out for these victims -- they’re trapped in by contracts and hefty fees.” HR-7132, “which is now set to become law, will help survivors get out of these shared plans and help victims stay connected with their families and support networks,” Schatz said. Competitive Carriers Association President Steven Berry also hailed the measure, which “will help survivors of domestic violence remain connected.”

Advocacy organizations and industry groups welcomed an FCC notice of inquiry seeking ways to expand access to the Lifeline and affordable connectivity programs for survivors of domestic and sexual violence (see 2207140055). Some sought additional flexibility in providing eligibility documentation for survivors, in comments posted Friday in docket 22-238.

The House passed the Spectrum Innovation Act (HR-7624) and three other telecom and tech bills Wednesday night, drawing praise from lawmakers and some stakeholders. The chamber voted 336-90 for an en bloc package that included HR-7624 and two of the other bills, the Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act (HR-4551) and Safe Connections Act (HR-7132). Lawmakers voted 416-12 for the Advancing Telehealth Beyond COVID–19 Act (HR-4040). HR-7132 and HR-7624 "provide our nation’s mobile networks with the spectrum resources necessary to provide next-generation wireless technologies, promote wireless innovation, fund important public safety priorities like Next Generation 9-1-1, and ensure that phone contracts cannot be used to perpetuate abuse when survivors and abusers share a phone contract," said House Commerce Committee Chairman Frank Pallone, D-N.J., and Communications Subcommittee Chairman Mike Doyle, D-Pa. "The bipartisan bills passed today will enhance spectrum management, strengthen public safety communications tools" and "secure our networks from countries like China," said House Commerce ranking member Cathy McMorris Rodgers, R-Wash., and Communications ranking member Bob Latta, R-Ohio. Matt Mandel, Wireless Infrastructure Association senior vice president-government and public affairs, praised lawmakers for "prioritizing America’s leadership in wireless network innovation by voting to make more spectrum available for commercial and shared use" via HR-7624. The measure would renew the FCC's auction authority through March 31, 2024, and authorize sales of 3.1-3.45 GHz spectrum licenses. "Making additional Federal spectrum resources available for commercial use will provide significant benefits for the industry, the economy, and most importantly, consumers," said Competitive Carriers Association President Steve Berry: HR-7132 "will help survivors of domestic violence remain connected."

The House passed the Institute for Telecommunication Sciences Codification Act (HR-4990) by voice vote Wednesday. The measure would provide statutory authority for ITS’ role in managing NTIA’s telecom and spectrum technology programs. HR-4990 would give ITS clear authority to set “the use of innovative sharing technologies for our airwaves and improving the interference tolerance of federal systems operating with or using federal spectrum,” House Commerce Committee Chairman Frank Pallone, D-N.J., said on the floor. The House was expected to vote as soon as Wednesday night on four other telecom and tech bills: Advancing Telehealth Beyond COVID–19 Act (HR-4040), Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act (HR-4551), Safe Connections Act (HR-7132) and Spectrum Innovation Act legislative package (HR-7624). Debate on the measures happened Tuesday (see 2207260063).