Federal Communications Commission (FCC)

Broadcast attorneys expect likely legal challenges against the FCC’s 2018 quadrennial review order will focus on two questions: Does the Communications Act allow the FCC to tighten regulations during the QR process? And do restrictions on shifting top-four network programming to low-power stations and multicast streams violate the Constitution?

Republican lawmakers are eyeing further action in opposition to FCC data breach notification rules (see 2312130019), but what form this will take is unclear, Capitol Hill aides and lobbyists told us. GOP leaders say the rules sidestep a 2017 Congressional Review Act resolution of disapproval that rescinded similar regulations as part of the commission's 2016 ISP privacy order (see 1704030054). Republican FCC Commissioners Brendan Carr and Nathan Simington raised the CRA in their dissents as the commission approved the rules last week 3-2.

The California Public Utilities Commission sought comment Tuesday on how to expand the state’s LifeLine program to low-income people lacking social security numbers (SSN). Comments are due Jan. 26, replies Feb. 23. Commissioner Genevieve Shiroma, assigned to docket R.20-02-008, is “committed to ensuring that low-income Californians have access to essential communication services without barriers to program participation,” she wrote. The commissioner asked how to ensure Californians without social security numbers can participate and what types of government-issued identity documents it should accept from those people. “The FCC has not yet determined whether to waive the SSN requirement for federal Lifeline participants in California,” began another question. “Should the California LifeLine Fund make up for all or a portion of the lack of federal Lifeline support for Californians without an SSN?”

Industry groups continued to disagree on whether the FCC should include an assessment of broadband speed benchmarks and higher speed goals in its annual report to Congress about the state of broadband deployment and competition. At issue is Chairwoman Jessica Rosenworcel's proposal in the agency's notice of inquiry to increase the definition of broadband to 100/20 Mbps with a long-term goal of reaching 1 GB/500 Mbps. Reply comments were posted Tuesday in docket 22-270 (see 2312040024).

Industry and consumer groups clashed on whether the FCC should reclassify broadband internet access as a Title II service under the Communications Act in comments posted through Friday in docket 23-320 (see 2310190020). Commenters against reclassification warned that it would stifle innovation and competition. Supporters said the proposal would ensure consumers have equal access to broadband ahead of anticipated federal broadband deployment programs.

After a span of frequent unanimity among the FCC commissioners, this week brought a spate of dissents from GOP commissioners, with no votes at Wednesday's open meeting coming after dissents the previous day on an order upholding a Wireless Bureau decision excluding SpaceX from participating in the Rural Digital Opportunity Fund program (see 2312130004). At the December meeting, Commissioners Brendan Carr and Nathan Simington raised the specter of the federal government increasing rate regulation in dissents against the MVPD early termination fees (ETF) NPRM. They complained that the data breach notification rules were an attempt to sidestep the Congressional Review Act.

President Joe Biden is expected to sign the 5G Spectrum Authority Licensing Enforcement Act (S-2787), communications policy lobbyists told us. As expected, the House approved the bill by voice vote Monday night (see 2312110062). The measure, which the Senate passed in September, and its House Commerce Committee-cleared companion HR-5677 (see 2312050076) would give the FCC authority for 90 days to issue T-Mobile and other winning bidders the licenses they bought in the 2.5 GHz band auction last year. S-2787’s passage drew praise from some lawmakers and communications sector stakeholders, but they made clear it’s a stopgap measure, required after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s lapsed general auction authority. The White House didn't comment.

The House was expected to vote as soon as Monday night on the Senate-approved version of the 5G Spectrum Authority Licensing Enforcement Act (S-2787), as expected (see 2312060073), amid hopes of salvaging at least incremental progress after months of stalled Capitol Hill talks on a broader legislative package that would renew the FCC’s general auction authority. FCC Commissioner Brendan Carr and former commission and State Department officials highlighted during a Center for Strategic and International Studies event the importance of Congress reauthorizing the spectrum auction mandate and reaching a consensus that will allow the U.S. to reclaim a top leadership role in wireless innovation.

A week ahead of Wednesday’s FCC commissioner vote on revised data breach reporting requirements, providers and major industry associations raised concerns about the proposed rules (see 2311220047) and whether they would withstand a court challenge. Filings on meetings with commissioner staff and other FCC officials were posted Thursday in docket 22-21. Only NCTA raised concerns in the docket prior to Thursday (see 2312060037).

NCTA representatives raised concerns about proposed data breach reporting requirements, set for a Dec. 13 FCC commissioner vote. The filing was the first in the data breach docket since the draft order was circulated (see 2311220047). “By expanding both the data covered by the rules and the types of harms that might trigger reporting and notification, the proposed regime would substantially increase the volume of reporting and customer notifications, lead to considerable notice fatigue by customers, and unnecessarily increase the burdens on providers, without producing any meaningful benefit or valuable insight to the Commission or other federal agencies,” said the filing, posted Wednesday in docket 22-21. NCTA met with aides to Chairwoman Jessica Rosenworcel and Commissioner Anna Gomez, joined by representatives of Comcast, Charter Communications and Cox Enterprises.