Federal Communications Commission (FCC)

The net neutrality draft order on the FCC's April 25 open meeting agenda (see 2404030043) will face much the same legal arguments as the 2015 net neutrality order did, with many of the same parties involved, we're told by legal experts and net neutrality watchers.

House Communications Subcommittee Chairman Bob Latta (Ohio) and Health Subcommittee Chairman Brett Guthrie (Ky.) are highlighting reaching a deal on an expansive spectrum legislative package as a top communications policy priority if they succeed retiring Commerce Committee Chair Cathy McMorris Rodgers (Wash.) as the panel's lead Republican in the next Congress. Both contenders separately told us their spectrum focus wouldn’t waver if Rodgers and other congressional leaders reach a deal this year that restores the FCC’s lapsed auction authority and other airwaves-related priorities. Talks on spectrum legislation have largely stalled since early 2023, but Senate Commerce Committee Chair Maria Cantwell, D-Wash., and others are shopping new proposals (see 2403210063).

Some Democrats warned they might join Republicans opposing a California digital equity bill when it reaches the Assembly floor. At a livestreamed hearing Wednesday, the Assembly Communications Committee voted 7-3, with one member not voting, to advance AB-2239 to the Judiciary Committee. The bill would codify in state law the FCC’s definition of digital discrimination (see 2402080068).

Multichannel video programming distributors (MVPDs) redoubled their arguments against a proposed requirement that gives subscribers a rebate when a retransmission consent talk impasse results in a blackout. Arguments were made in reply comments filed in docket 24-20 this week. Initial comments were in March (see 2403110057). Localities and broadcasters jabbed at MVPD contentions. Also, broadcasters and MVPDs are at odds over a proposed blackout reporting mandate (see 2402270044).

Commenters disagreed sharply on what mechanisms the FCC should use to make available unassigned licenses in its inventory absent general auction authority. Comments were posted Tuesday in docket 24-72. The FCC sought comment in March on the first anniversary of the expiration of its general auction authority (see 2403070062). Wireless carriers said grants of special temporary authority (STA) are the best alternative. Unlicensed advocates hailed the benefits of dynamic spectrum sharing.

Some Minnesota lawmakers want to craft a net neutrality law even as the FCC prepares to vote on restoring federal open-internet rules. At a Tuesday meeting, the legislature’s Senate Commerce Committee laid over a bill (SF-3711) banning state contracts with companies that violate open-internet rules. While the action indefinitely postponed further Senate action on the measure, the proposal remains part of a pending House Commerce Committee omnibus (HF-4077). Also at the Senate Commerce hearing, members postponed action on a social media bill and advanced legislation meant to stop copper theft.

The FCC will take a series of steps to reestablish the commission's net neutrality framework and reclassify broadband internet access service (BIAS) as a Communications Act Title II telecom service in a declaratory ruling and order (see 2404030043). A draft of the items to be considered during the agency's April meeting, released Thursday, would establish "broad" and "tailored" forbearance for ISPs. The draft doesn’t make a final determination on how network slicing should be treated under the rules.

A school bus is neither a classroom nor a library and that “makes short work of this case under basic principles of administrative law,” the opening brief said Tuesday (docket 23-60641) in support of a 5th U.S. Circuit Appeals petition to defeat the FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040).

The U.S. table of frequency allocations can differ from the international table because of variations in U.S. rules, FCC Office of Engineering and Technology officials explained during an FCBA lunch Thursday. Attendees heard from Nicholas Oro, deputy chief of the Policy and Rules Division, and Jamie Coleman, chief of the Spectrum Policy Branch. The U.S. doesn’t adopt all the allocations in the international table and may adopt additional allocations, Oro said. Most parts of the table match, he said. Oro noted as one example the supplemental coverage from space (SCS) framework that commissioners approved two weeks ago (see [2403150045). In each of the bands affected, across the 600-700 MHz frequency range, the U.S. table now shows a secondary mobile service allocation, he said. That allocation isn’t included in the international table. “This is kind of the case of the U.S. getting out ahead of the international community,” Oro said. Another example is 6 GHz, where the international table has an allocation for mobile communications but the U.S. table doesn't, he said. Changes to the U.S. table often come through NTIA or as a result of actions during a World Radiocommunication Conference, Oro said. In addition, changes are made as a result of commission orders, he said. All changes require that the FCC seek public comment. NTIA has its own rulebook, the “Manual of Regulations for Federal RF Spectrum Management” or “Redbook,” which applies to federal agencies. Making changes doesn’t require a rulemaking process, Oro said. Coleman said her team at OET is largely responsible for managing the frequency table, ensuring updates are made, checking footnotes and issuing Federal Register updates when needed. “It’s a lot of work,” she said. Her office also works with other parts of the commission “to make sure that we’re properly analyzing … revisions and their impact on other areas of the spectrum.”

The FCC announced the membership of the rechartered Communications Equity and Diversity Council ahead of the group’s first meeting Wednesday. FCC Chairwoman Jessica Rosenworcel announced in May that she would recharter the advisory committee, and the group’s new charter began in June (see 2305250058). “Currently, across the federal government, including here at the Commission, there is a focus on ensuring equity for all, including under-served communities,” Rosenworcel said in a news release Tuesday. “The CEDC exists to help level the playing field.” Wednesday’s meeting will open with an address from Rosenworcel, and otherwise involve introducing the advisory committee’s members, announcing working groups and receiving guidance on federal advisory committee best practices. Many members are returning from the previous charter, including the group’s chair and vice chairs (see 2403150059), Neptuno CEO Leticia Latino-van Splunteren, Multicultural Media Telecom and Internet Council President Robert Branson and former FCC Commissioner Henry Rivera. New members include University of Minnesota journalism professor Christopher Terry.