Adopt NTIA’s petition for rulemaking on Communications Decency Act Section 230, Republican state attorneys general commented to the FCC posted Thursday in RM-11862 (see 2009020064). Tech, telecom and consumer groups again largely said the FCC shouldn't consider the petition, saying the FCC and NTIA are exceeding their jurisdiction and expertise. The AG group was formed by Texas’ Ken Paxton, Indiana’s Curtis Hill, Louisiana’s Jeff Landy and Missouri’s Eric Schmitt. The petition clarifies 230's scope and empowers states without undermining protections for moderation of “traditionally regulated content,” they wrote: It promotes freedom of speech by “ensuring competition through transparency.”
COVID-19 required local governments step up to expand internet access and broadcast critical information, NATOA President Brian Roberts and General Counsel Nancy Werner told us. NATOA hopes “to spend less time responding to FCC preemptive orders” next year, and more time supporting local effort to fill gaps shown by the pandemic, Werner said during the group's virtual meeting this week.
Handfuls of broadcasters and cable operators whose C-band earth stations antennas aren't on the FCC's incumbents list are petitioning the agency to rethink . We're told the commission has indicated it might provide some relief. The FCC didn't comment. Unclear is whether the recon petitions, if denied, will be followed with a court challenge.
Verizon appears to be girding for a fight with T-Mobile over whether its spectrum holdings should preclude the “uncarrier” from bidding in the C-band auction, which starts Dec. 8, industry officials said. Verizon would flip the script on T-Mobile, which lobbied against Verizon and AT&T holdings seeking preferential treatment for competitors in the TV incentive auction (see 1408130047).
A big Democratic win in November could lead to a reversal on last year’s cable local franchise authority order, but don’t assume the next FCC or Congress will act, local government officials said Wednesday at a NATOA virtual conference. Localities challenging the order in the 6th U.S. Circuit Court of Appeals say a decision is possible next year (see 2009010053). The pandemic could affect the issue’s politics, said panelists and other attendees.
Reject NTIA’s petition for a rulemaking on Communications Decency Act Section 230, tech, telecom and consumers groups told the FCC in comments posted Wednesday before the midnight deadline in RM-11862 (see 2008120050). The petition has no legal basis, the agency doesn’t have jurisdiction, and President Donald Trump is attempting to use the commission for political gain, they said. AT&T called for uniform liability protections.
Broadcasters and their attorneys don’t expect substantive action on the 2018 quadrennial review this year, they said in interviews. The Supreme Court isn’t expected to announce a decision on the FCC’s cert petition appealing the 3rd U.S. Circuit Court of Appeals Prometheus decision until early October, and then the presidential election will be imminent. In past election years, that meant an FCC was unlikely to take up controversial or complicated topics. Chairman Ajit Pai is also believed to be eyeing an exit no matter the election results, numerous industry officials said. “Given the timing, with the court considering cert and the pending election, there’s not likely to be action before the end of the year,” said Lerman Senter's Sally Buckman.
The results of the FCC citizens broadband radio service auction announced Wednesday 2009020029) were largely as expected, with Verizon and major cable operators dominating (see 2007200049). Dish Network also came in big, which was more of a surprise (see 2008260055). Southern California Edison also gobbled up priority access licenses (PALs).
Industry and callers urged caution, in FCC comments on a July Further NPRM on robocalls (see 2007160045) in docket 17-59. The rules offer companies two safe harbors from liability for the unintended or inadvertent blocking of wanted calls, and the FCC sought comment on other ways to protect consumers from robocalls and inform them about blocking efforts. Comments were due Monday on the NPRM, aimed at implementing the Telephone Consumer Protection Act and Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (Traced Act).
Washington, D.C., apparently incorrectly dispatched emergency medical services several times in as many days, according to our analysis of walkie-talkie radio traffic. We listened to three such incidents from this and last week. For more, see here, here and here, including the radio transmissions marked with a star. That's on top of many other such shortcomings observed in recent months.