Federal Communications Commission (FCC)

California appropriators last week halted multiple telecom-related bills meant to help vulnerable communities. Assemblymember Mia Bonta (D) blamed the broadband industry after the Senate Appropriations Committee held back her bill that would have banned digital discrimination as the FCC defines it (AB-2239). However, that committee and its Assembly counterpart advanced several other telecom and privacy bills to final floor votes.

House Commerce Committee ranking member Frank Pallone of New Jersey, Communications Subcommittee ranking member Doris Matsui of California and the subpanel’s 10 other Democrats said Wednesday they’re backing the FCC’s proposal that requires disclosures on political ads created with generative AI (see 2407250046). The FCC is facing pushback from congressional Republicans over the AI proposal, as demonstrated during a July House Communications hearing (see 2407090049). NAB and the Motion Picture Association are seeking a 30-day extension for comments on the proceeding in docket 24-211 (see 2408120034). Comments are currently due Sept. 4, replies Sept. 19. “We believe that this action is necessary considering the growing impact of generative AI tools on our electoral process,” the House Communications Democrats said in a letter to FCC Chairwoman Jessica Rosenworcel. “While AI is not new, the speed at which we are witnessing the deployment of generative AI is staggering. During this election season, we have already seen AI deployed to manipulate, confuse and misinform voters.” The Democratic lawmakers pushed back against claims by Republican Federal Election Commission Chairman Sean Cooksey and others that the FEC has sole authority over political reporting requirements and disclaimers (see 2406060051). “Such arguments ignore the relevant statutes and decades of precedent,” the Democrats said: “We also find it worrisome that such a simple, consumer-friendly proposal that imposes minimal burdens has evoked such strong opposition from Republicans -- even well before the full text of the proposal was released to the public” in late July (see 2407250046).

The FCC "must point to clear congressional authorization" before claiming it can reclassify broadband as a Title II telecom service under the Communications Act, a coalition of industry groups told the 6th U.S. Circuit Court of Appeals in its challenge of the commission's net neutrality rules. The court granted a temporary stay of the rules earlier this month (see 2408010066). The petitioners -- ACA Connects, CTIA, NCTA, USTelecom, the Wireless ISP Association and several state telecom associations -- said in their opening brief filed late Monday (docket 24-7000) that the "best reading of the federal communications laws forecloses the commission’s reclassification."

The FCC’s NPRM on AI and robocalls that commissioners approved Wednesday saw numerous changes from its draft version, beyond the addition of a notice of inquiry (see 2408070037). Incompas and the Cloud Communications Alliance asked the FCC to move parts to a NOI, citing the lack of specific proposals (see 2408050029). “The item itself is seemingly more of an investigation into the state of AI technologies rather than a series of specific proposals,” they said.

FCC commissioners on Wednesday unanimously approved an NPRM aimed at reducing unwanted AI robocalls, as expected (see 2408050029). Commissioner Nathan Simington raised concerns about part of the notice, with which he would only concur. Responding to concerns that Incompas and Cloud Communications Alliance raised, officials said some questions were moved to a notice of inquiry. Commissioners during their open meeting approved 5-0 a pair of other items (see 2408070047).

CTIA and the U.S. Chamber of Commerce backed AT&T’s challenge of the FCC's fine for data violations, filing amicus briefs in the 5th U.S. Circuit Court of Appeals. On a 3-2 vote in April, commissioners imposed fines against the three major wireless carriers for allegedly not safeguarding data on customers' real-time locations years earlier (see 2404290044).

FCC commissioners are expected to approve at Wednesday's open meeting, largely as circulated, a draft NPRM aimed at reducing unwanted AI robocalls. Industry officials active in the proceeding predicted few tweaks based on the limited number of ex parte filings in docket 23-362.

FCC Chairwoman Jessica Rosenworcel vowed she will continue fighting for the commission's net neutrality order following the 6th U.S. Circuit Court of Appeals' decision that stayed the rules Thursday (see 2408010065). "The American public wants an internet that is fast, open and fair," and Thursday's decision "is a setback, but we will not give up the fight for net neutrality," Rosenworcel said.

Protected status for federal earth stations using commercial satellite services is "overdue," NTIA said this week in docket 24-121 as the FCC sought comment on expanded federal use of commercial satellite spectrum bands (see 2406280034). NTIA said the FCC should move quickly on an NPRM that lays the path for that protected status for federal earth stations using commercial satellite services. It suggested a regime where federal agencies would submit information to the commission for notice and comment, and then entry into the FCC’s earth station database, akin to the process some FAA-operated C-band earth stations in Alaska use. Warning of the possible hindrance of 5G’s rollout, CTIA said any sweeping allocation of spectrum to federal users on a primary basis “would exacerbate the existing imbalance between federal and non-federal spectrum allocations.” It said the FCC and its Office of Engineering and Technology need to clearly define the spectrum bands not already allocated for federal fixed satellite service (FSS) and mobile satellite service (MSS) that might be looked at for expanded federal use. It said adding federal allocations to the lower C band and to the 13 GHz band could complicate investigation of the bands for commercial mobile use. The Satellite Industry Association said FSS and MSS allocations should be added to the federal portion of the Table of Frequency Allocations for nonfederal spectrum bands, while also making clear federal operations under the allocation are limited to federal earth stations communicating with nonfederal space stations. It said federal users should have to follow the same rules and procedures as nonfederal users. SIA's comments were similar its 2021 advocacy, when the agency also looked at the issue (see 2110180066). The 10.7-11.7 GHz band is “critical” for mobile wireless traffic backhaul and a “safe harbor” band for fixed service systems relocating out of the 6 GHz band, said Comsearch. Fixed service use of the band has almost tripled in the past decade, it said. Comsearch said that extensive use of the band points to how it must be preserved for nonfederal terrestrial operations.

The FCC approved on a 3-2 party line vote an NPRM seeking comment on requiring disclosures for political ads that use AI-generated content. The proposal, which was approved July 10 on circulation but not released until Thursday, doesn’t specify the timing of an eventual order. Commissioner Brendan Carr and Federal Election Commission Chair Sean Cooksey condemned it as an attempt to interfere with the 2024 election. The FCC declined to comment on the intended timing of a final rule, or the delay in the item’s release.