Commissioner Brendan Carr supported quick FCC action providing clarity on Communications Decency Act Section 230, in a news conference after the commissioners' meeting Thursday. While a rulemaking proceeding couldn’t be completed while Republicans still control the FCC, the agency will be under Republican control through Jan. 20. The Senate approved Republican Nathan Simington Tuesday, largely based on his stance on the issue (see 2012080067). A deadlocked 2-2 FCC would be unlikely to overturn a late declaratory ruling, industry experts said. “I would certainly welcome the commission moving forward on Section 230 reform,” Carr said. “The debate about whether there should be reforms of Section 230, whether the status quo has it exactly right, that debate is effectively over,” he said: “There is now bipartisan agreement, broad and deep, that the status quo isn’t working.” The big question is when speech is taken down by a platform pursuant to First Amendment rights, “does that takedown fall within the extra protections you get with 230 or not?” he said. “That’s a question that’s a narrow one” and one “the FCC can and should address.” The focus should be on 230(c)(2), which covers civil liability, rather than (c)(1), which covers the treatment of a publisher or speaker, he said. The FCC shouldn’t be “the speech police,” he said. “I don’t see a path to the FCC forcing people to carry speech.” Carr cited a series of tweets from TechFreedom Senior Fellow Berin Szoka on an interpretive order as a likely path to FCC action before Chairman Ajit Pai leaves. The FCC and Democratic commissioners didn't comment. Commissioners Jessica Rosenworcel and Geoffrey Starks have opposed FCC action. "The FCC should reject NTIA’s proposals and focus on bridging the digital divide,” Starks said in September testimony before the House Commerce Committee. Congress is exploring legislation on the liability shield (see 2012100072).
Amazon's Kuiper raising the idea the FCC could allow SpaceX to launch part of its constellation this month (see 2012040001) doesn't explain how it would be appropriate to give a special temporary authority given all the unresolved issues with SpaceX's application, Viasat said in an International Bureau filing Tuesday. It said SpaceX is just in beta testing of its planned satellite broadband service, so the idea consumers would be left without service absent a December launch is questionable. SpaceX didn't comment Wednesday.
The FCC Enforcement Bureau sought comment by Jan. 7, replies Jan. 22 in docket 20-374 on a Tuesday NPRM to establish an online portal for individuals to submit tips or information about robocall and spoofing violations. The docket is 20-374.
NAB and Public Knowledge back removing a conclusion from the draft order on broadcast internet that the FCC lacks authority to require broadcaster ancillary fees subsidize consumers for buying ATSC 3.0 equipment. “NAB indicated that it does not object to PK’s request that the Commission remove any conclusion regarding PK’s fees proposal,” said NAB and PK in a call last week with an aide to Commissioner Jessica Rosenworcel, per a joint filing posted in docket 20-145 Monday. NAB and PK are usually opponents in FCC proceedings. “PK stressed that the Commission’s conclusion was at best premature and at this time it is unnecessary for the Commission to rule on its authority,” the filing said. PK said the same to an aide to Chairman Ajit Pai, said another filing. The draft order should be changed “to simply state that because the NPRM did not consider the issue of FCC authority to create a coupon fund to alleviate consumer costs during an ATSC 3.0 transition, it is premature for the Commission to consider it at this time,” said the group. “Excluding a discussion about the FCC’s authority to create such a fund would alleviate PK's primary objection.”
The AT&T TV Now vMVPD service is effective competition to Comcast and Cox Communications in a variety of Massachusetts communities, which now are exempt from basic cable rate regulation, said a Media Bureau order Monday granting the cablers' petitions (see 1912190070). The bureau pointed to the FCC's similar effective competition order granted to Charter, also based on the vMVPD. The Massachusetts Department of Telecommunications and Cable is challenging this before the 1st U.S. Circuit Court of Appeals (see 2010080052). The department didn't comment now.
The FCC cleared the first device authorized to use the 6 GHz band, allocated in April for Wi-Fi and other unlicensed use (see 2004230059), approving Broadcom's BCM4389 chip. “The Commission cleared the way for such advances with its landmark action earlier this year, making up to 1,200 megahertz of spectrum available for higher powered unlicensed use,” said Chairman Ajit Pai: “Today, we are starting to see the fruits of this work, and consumers will now start to benefit in a big way.” Vijay Nagarajan, Broadcom vice president-Mobile Connectivity Division, said it's a “red-letter day” for Wi-Fi. “We've shipped 100s of millions [of] Wi-Fi 6 devices,” he said: “We look to capitalize on this install-base of devices while also heralding the Wi-Fi Space Age with 6 GHz support.” The chip uses 6025-6985 MHz. “This module may only be marketed and sold to an OEM system integrator that has an agreement with the grantee and has been provided detailed instructions on installation conditions to ensure that the correct firmware is installed,” the authorization states: “Host systems must be intended for indoor use only, outdoor applications are NOT allowed.” Consumers are likely to have 6 GHz devices “in the first half of 2021,” Nagarajan emailed.
Create a waiver process for broadcasters to use ATSC 3.0 distributed transmission systems, rather than loosening rules to allow them, said Microsoft in calls with aides to FCC Commissioners Mike O’Rielly and Geoffrey Starks last week, per a filing in docket 20-74. A draft order on proposed DTS changes has been circulated to eighth-floor offices (see 2010260051). “Given the technical complexity of the issue, it is difficult in a conversation, to discern the full impact of the rule changes,” Microsoft said. Extending a station’s DTS signal beyond its protected contour “would adversely and unnecessarily impact the availability of television white spaces spectrum,” the company said. “Instead couple the current standard with a waiver process to permit coverage of communities located just beyond the protected contour.”
Comments are due Feb. 1 on two FTC rulemaking processes (see 2009210054) for “updating the rules and interpretations that implement the Hart-Scott-Rodino Act,” the agency said Monday.
Comments are due Jan. 4, replies Jan. 19, on four requests to extend the deadline to fully implement secure telephone identity revisited (Stir) and signature-based handling of asserted information using tokens (Shaken) requirements, said an FCC Wireline Bureau public notice Friday in docket 17-97. AT&T, Lumen, UScellular and Verizon sought extensions (see 2011230044).
Public TV stations need regulatory certainty and flexibility to provide “impactful Broadcast Internet services,” said America’s Public Television Stations and PBS in calls with aides to FCC Commissioners Jessica Rosenworcel and Geoffrey Starks. That's per a filing posted in docket 20-145 Wednesday.