The $565 million the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee is proposing to give CPB in FY 2024 is well above the $475 million President Joe Biden wants to spend (see 2107120068).
The FCC released an order and Further NPRM Tuesday requiring the disabling of contraband wireless devices detected in correctional facilities. The order addresses oversight, carrier liability and how 911 calls are handled. It was OK’d 4-0 Monday. It establishes a two-phase process for authorizing contraband interdiction systems (CISs) to detect contraband devices and establishes a “rule-based process” for disabling contraband devices. “Although wireless providers continue to prefer a court order process, more recently they acknowledged certain jurisdictions don't have the time or resources to issue court orders and that a rule-based framework could be designed in a way that is efficient, straightforward, and that replicates the accuracy and accountability of the court order process,” the order said. The framework provides rules for certifying CIS providers and for testing systems. The FCC said it decided against reporting requirements for stakeholders: “The two-step certification process we adopt … will provide the Commission with a substantial amount of information on the general operating design of CISs as well as the specific deployment plans for particular correctional facilities.” The FCC said carriers won't be reimbursed for disabling devices, as had been urged by T-Mobile, saying the costs should be minimal. The FNPRM asked about “quiet zones” in and around prisons “in which wireless communications are not authorized such that contraband wireless devices in correctional facilities would not receive service.” It asked about geofencing. It asked about the efficacy of using beacon systems to disable contraband devices. “Addressing this problem is not easy,” said acting Chairwoman Jessica Rosenworcel: “The incentive to bring these devices into prisons and jails will not simply go away with better contraband interdiction." Commissioner Brendan Carr told reporters he witnessed “truckloads” of contraband devices pulled out of one prison. “Any time we’re making even any progress," he said, "it’s something that gets my support.” The wireless industry "has a longstanding commitment to collaborating with all stakeholders to find effective solutions," a CTIA spokesperson emailed. "An FCC process for terminating service to contraband phones can further that goal.”
Acting Chairwoman Jessica Rosenworcel will start the FCC open radio access network solutions showcase, the agency said Monday. Commissioners Geoffrey Starks and Nathan Simington, and Amit Mital, National Security Council senior director-cyber & emerging technology, also speak Wednesday. Acting NTIA Administrator Evelyn Remaley opens Thursday.
The FCC unanimously approved and deleted an item on technical rules for radio and an item on stopping wireless devices in prisons from the agenda for the Tuesday commissioners’ meeting, said a deletion notice Monday. The radio NPRM seeks comment in docket 21-263 on updating or eliminating several minor rules (see 2107070062), and the order and further NPRM in docket 13-111 concern carriers disabling contraband cellphones when requested to do so by prison officials (see 2105280049). The agency released the text of the final radio rules NPRM Monday. It appears little changed from the draft version.
CTIA and major carriers spoke with an aide to FCC acting Chairwoman Jessica Rosenworcel about contraband cellphones in correction facilities. As the agency contemplates an FCC-based termination framework, “it should ensure sufficient oversight of approved contraband interdiction systems and designated corrections officials to provide a level of accountability and protection for consumers and providers that is commensurate with existing court order processes,” said a filing posted Thursday in docket 13-111. CTIA said the FCC should address “longstanding concerns about potential liability for terminating service to devices -- specifically, the potential liability a wireless provider faces if, in good faith, it terminates service to a device that was identified as contraband but turns out not to be.” AT&T, T-Mobile and UScellular were on the call. Rosenworcel circulated an item in April to establish new requirements for carriers to disable identified contraband cellphones when requested by a designated correctional facility official and seek further comment on other technologies solutions to curb use of contraband devices (see 2105030062).
President Donald Trump’s lawsuits against Facebook, Google and Twitter (see 2107070065) raise “an interesting argument” about when a private entity becomes a state actor subject to First Amendment restraints, FCC Commissioner Brendan Carr said Thursday. Supreme Court precedent establishes that a private entity effectively becomes a state actor when “sufficiently coordinating with government actors,” Carr said during an FCBA event: “We’ll see how that case plays out.” And there are examples of affirmative, anti-discrimination obligations placed on private entities that involve public accommodation law, said Carr. He described a spectrum of speech obligations for cases involving data roaming and cable’s must-carry provisions. It can be argued that social media companies are in the realm of the cable must-carry cases, he said. It’s time for Congress to close the gap between tech platforms’ corporate power and the lack of accountability, he argued. “Reform” for Communications Decency Act Section 230 is one “important piece,” he said, but it’s not sufficient. Big Tech also needs to provide more transparency, he said, voicing support for the Promoting Rights and Online Speech Protections to Ensure Every Consumer is Heard (Pro-Speech) Act (see 2106100070). The bill “pretty much nails it,” Carr said. Congress should also consider methods for banning pretextual content moderation and imposing affirmative, anti-discrimination obligations, he said. Trump’s legal complaints aren’t “frivolous,” said Free State Foundation President Randolph May. He noted Trump’s argument CDA Section 230 immunity “amounts to a delegation of authority by Congress that facilitates the companies’ censorship actions.” If correct, Big Tech companies can’t censor posts, May said, though he’s “not convinced at this point that Section 230’s grant of immunity, standing alone, is sufficient to make the Big Tech social media companies state actors.” It’s possible discovery “could uncover a trove of emails from various congressional officials urging the social media companies to take certain actions which the firms quickly took,” he added.
The FCC Public Safety Bureau reminded broadcasters and other emergency alert systems participants Wednesday that alerts must be accessible. The bureau also reminded carriers of accessibility requirements for wireless emergency alerts.
Allow industry flexibility and avoid prescriptive rules on accessibility, replied NAB, Zoom, ACA Connects and CTA on the 21st Century Video Accessibility Act posted Wednesday in FCC docket 21-140. “Accessibility is not something that must be mandated with a heavy hand,” said Zoom. “The regime is working overall,” said CTA, saying industry “is continuing to meet the needs of consumers free of unnecessary red-tape.” CTA said the FCC should relax some CVAA rules to increase flexibility, such as letting alternative technology fulfill captioning requirements. It would be “premature” for the agency to adopt audio description quality standards as rules, said ACA Connects. “Broadcasters have demonstrated their commitment to ensuring access,” NAB said. Industry accessibility initiatives are a “critical” part of the CVAA, but “accessibility barriers continue to require substantial ongoing vigilance and action from the Commission,” said groups including Telecommunications for the Deaf and Hard of Hearing, Communications Service for the Deaf, and National Association of the Deaf. Strengthen rules and reject “unwarranted calls to weaken accessibility mandates,” they asked.
The FCC seeks nominations by Aug. 10 for its rechartered diversity committee, now called the Communications Equity and Diversity Council, said a public notice Tuesday. The agency is seeking applications from representatives of the communications industry, state and local regulators, and consumer and community organizations. The FCC is “particularly interested” in representatives from organizations that serve disadvantaged communities, tech entrepreneurship support organizations, and minority-serving institutions such as historically black colleges and universities, among others. Acting Chairwoman Jessica Rosenworcel encouraged members of the previous iteration to apply for the latest one (see 2106240072). The PN contains a revamped mission statement for the new committee, with differing emphasis from the 2019 chartering of the then-Advisory Committee on Diversity and Digital Empowerment. The 2019 ACDDE’s mission was to provide recommendations on “how to empower disadvantaged communities and accelerate the entry of small businesses, including those owned by women and minorities.” The 2021 entity will make recommendations “on advancing equity in the provision of and access to digital communication services and products for all people of the United States, without discrimination on the basis of race, color, religion, national origin, sex, or disability.” The new committee will recommend “how to empower people of color and others who have been historically undeserved, including persons who live in rural areas, and persons otherwise adversely affected by persistent poverty or inequality,” to gain access to opportunities from networks and technology. The new charter ends June 29, 2023.
Staff may not use FCC computing resources for any "illegal, unethical, or inappropriate activities, "including accessing "inappropriate material," online gambling, lobbying, campaigning or downloading or distributing illegal copies of copyrighted materials. That's per the information technology and privacy rules of behavior, which we obtained via a Freedom of Information Act request. Staff can't send or post "threatening, harassing, intimidating, abusive, or inappropriate material or message," do official agency business via personal email, or forward non-public data to personal accounts. When teleworking, staffers must protect sensitive data by means including the disposal of sensitive information by shredding or other means, and not download FCC information on personal devices, including downloading FCC attachments outside of OneDrive or SharePoint, per the policy. Under the FCC's essential IT equipment policy, employees "as a standard equipment baseline" get a virtual desktop infrastructure unit and required peripheral equipment such as a monitor, keyboard and mouse. Workers can be issued a smartphone or tablet, with a maximum of one per employee "with few exceptions," though field agents and travelers might be issued both. The commission told us it implemented a "bring your own device" smartphone policy during FY 2017-18, under which employees are permitted to use their personally owned device. Under the BYOD policy, staff, interns and contractors must use the MobileIron Apps@work catalog to download work-related applications.