The Food and Drug Administration acknowledged missing its statutory deadline under the FDA Reauthorization Act of 2017 for proposing the rule to create a category of over-the-counter hearing aids for people with mild or moderate hearing loss. Section 709 of the statute gave the FDA three years after enactment to release the proposed rule for public comment. The three-year deadline was Tuesday. "Although FDA staff are tirelessly working to meet the urgent needs of COVID-19 patients and health care providers during these unprecedented times, issuing the proposed rule remains a priority and we are working expeditiously to do so," emailed a spokesperson Thursday. The agency hopes to release the proposed rule in the fall, and "appropriate timing updates will be available at that time," she said. It will post the proposed rule in the Federal Register and open a docket for public comment, plus promote it through web updates and other "agency communications," she said. Section 709 is silent on how long the comment period should last, but requires the FDA to publish the final rule creating the OTC category no more than 180 days after comments close. CTA has a certification logo waiting to identify reputable OTC hearing aids meeting minimum voluntary performance criteria in the ANSI/CTA-2051 standard approved in January 2017 (see 2007180003). The logo is useless until the FDA creates the OTC category.
FCC commissioners split 3-2 on a notice of inquiryreleased Wednesday seeking comment for the next broadband deployment report. Democrats dissented as they did on the 2020 report (see 2004230060), which said broadband was “reasonable and timely” deployed nationwide. Comments are due Sept. 18, replies Oct. 5, in docket 20-269. “This proceeding is the perfect place to detail the extent of our nation’s broadband challenges,” said Commissioner Jessica Rosenworcel. The last report “found all was well,” she said: “It clapped its hands and said job done. That’s just not right. For starters, the FCC concluded that there were only 18 million people in the United States without access to broadband. That number wildly understates the extent of the digital divide in the country.” The FCC “continues to repeat its mistakes,” including comparing providers’ deployment in one year against past years to measure progress, said Commissioner Geoffrey Starks. “We also continue to rely on the Commission’s misleading Form 477 data,” he said, “despite broad recognition that Form 477 has distorted our view of the digital divide.” Only they released statements. “While the 2020 Report acknowledged there is still work to be done to fully close the digital divide, more Americans than ever before now have access to the benefits of broadband as the Commission’s policies have created a regulatory environment to stimulate broadband investment and deployment,” the NOI said. Commissioners approved the NOI Aug. 7.
The FTC is sending more than $700,000 in refunds to small-business owners “deceived by a robocall scheme,” the agency said Tuesday. The agency alleged Pointbreak Media, Modern Spotlight, National Business Listings and Modern Source Media claimed “to be acting on Google’s behalf, and threatened [the small-business owners] that Google would label their businesses ‘permanently closed’ unless they spoke with a ‘Google specialist.’” The defendants requested $300-$700 fees to verify listings, the agency alleged. The FTC is sending refunds to “4,467 small business owners with an average refund amount of $158.32,” the agency said. An attorney for the defendants didn’t comment.
Contractors should provide the Department of Homeland Security with unique identifiers for hardware on select agency networks, the GAO recommended Tuesday. GAO issued a report on “shortcomings in implementation of network monitoring” for improving cybersecurity tools. The identifiers will allow agencies to more accurately track hardware on networks, it said. Hardware inventories for the FAA, Indian Health Service and Small Business Administration “were missing information and contained duplicates,” GAO said. It recommended agencies “compare configurations to benchmarks.” DHS and the three agencies “concurred with the recommendations,” GAO said.
The National Institute of Standards and Technology on Tuesday requested comment for developing principles for explainable artificial intelligence. NIST is accepting public comment on its draft document, Four Principles of Explainable Artificial Intelligence, until Oct. 15. The principles are: AI systems should include evidence or reasons for outputs; include meaningful explanations; explanations should correctly reflect system process for generating output; and systems should only operate “under conditions for which it was designed or when the system reaches a sufficient confidence in its output.”
An FCC broadband data order, approved in July over concerns by FCC Democrats (see 2007160062), takes effect Sept. 17, says Tuesday's Federal Register. Comments on the accompanying Further NPRM are due Sept. 7, replies Sept. 17, in dockets 19-195 or 11-10, says a second notice.
The FCC Wireline Bureau again extended waivers of Lifeline recertification, reverification, general de-enrollment, documentation and usage requirements for rural areas on tribal lands because of COVID-19, this time until Nov. 30, said an order in docket 11-42 Monday. After the previous extension, waivers were to expire Aug. 31 (see 2006010027). “We will continue to monitor the situation to determine whether any additional extension of these waivers is appropriate,” the new order said.
USTelecom representatives sought changes to proposed broadband data collections rules, in calls with FCC Wireline and Wireless bureau and Office of Economics and Analytics staff. “Require only a single category of reporting such as ‘mass market services’ as opposed to requiring providers to distinguish between residential and residential-and-business locations,” asked a filing posted Monday in docket 19-195: “This distinction is not relevant from a service availability standpoint and it would be unduly burdensome because providers do not currently code services in that way for business purposes or for FCC Form 477 reporting.” Data verification “can be achieved via the challenge and crowdsourcing resources alone and additional measures are not necessary,” the group said: Hold off on enforcement actions “for at least one full year after service providers begin reporting availability.”
Industry should continue providing “meaningful information” to consumers about video game loot boxes and microtransactions, FTC staff reported. The agency issued the paper Friday in response to an August 2019 workshop (see 1908070065). COVID-19 has increased video gameplay, which potentially amplifies loot box concerns, staff said, namely whether the practice prompts compulsive behavior: “The FTC will continue to monitor developments surrounding loot boxes and take appropriate steps to prevent unfair or deceptive practices.” The agency noted recent self-regulation efforts “through odds and point-of-purchase disclosures.”
The FCC activated the disaster information reporting system and issued three public notices Wednesday on emergency communication procedures and contacting the agency in response to Monday’s “Midwest Derecho” in Iowa. Communications licensees in 24 Iowa counties are requested to report at 10 a.m. Thursday and every day after that until DIRS is deactivated, said the DIRS PN. The FCC “will be available to address emergency communications needs twenty-four hours a day throughout the weekend,” said a second notice, and the third provided bureau contact information for entities seeking emergency special temporary authority and other assistance to maintain or recover communications affected by the storm.