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United States

FCC Commissioner Carr Says 'Huge Miss' If US Doesn't Ban or Divest TikTok in 2024 (indiadispatch.com) 136

Brendan Carr, the senior Republican on the Federal Communications Commission, in a wide-ranging interview with Indian newspaper Economic Times praised the South Asian market for blocking Chinese apps in 2020 and said he hopes the U.S. will follow suit. He said: I hope there will be a movement towards a nationwide ban of the application soon, much like India led the way so many years ago. It is taking time, and I wish it was done as swiftly and with the alacrity that India banned not just TikTok but a number of other Chinese apps that had questionable data sharing and privacy policies. If TikTok is neither banned nor ByteDance is forced to divest this year, I would consider it a huge miss. Because only when action is taken would it be possible for us to go after the smaller players too.
Republicans

FCC Plans Shutdown of Affordable Connectivity Program As GOP Withholds Funding (arstechnica.com) 134

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission is about to start winding down a program that gives $30 monthly broadband discounts to people with low incomes, and says it will have to complete the shutdown by May if Congress doesn't provide more funding. The 2-year-old Affordable Connectivity Program (ACP) was created by Congress, and Democrats have been pushing for more funding to keep it going. But Republican members of Congress blasted the ACP last month, accusing the FCC of being "wasteful."

In a letter, GOP lawmakers complained that most of the households receiving the subsidy already had broadband service before the program existed. They threatened to withhold funding and criticized what they called the "Biden administration's reckless spending spree." The letter was sent by the highest-ranking Republicans on committees with oversight responsibility over the ACP, namely Sen. John Thune (R-SD), Sen. Ted Cruz (R-Texas), Rep. Cathy McMorris Rodgers (R-Wash.), and Rep. Bob Latta (R-Ohio). With no resolution in sight, the FCC announced that it would have to start sending out notices about the program's expected demise. "With less than four months before the projected program end date and without any immediate additional funding, this week the Commission expects to begin taking steps to start winding down the program to give households, providers, and other stakeholders sufficient time to prepare," the FCC said in an announcement yesterday.

The Biden administration has requested $6 billion to fund the program through December 2024. As of now, the FCC said it "expects funding to last through April 2024, running out completely in May." FCC Chairwoman Jessica Rosenworcel has repeatedly asked Congress for more ACP funding, and sent a letter (PDF) to lawmakers yesterday in which she repeated her plea. The chairwoman's letter said that 23 million households are enrolled in the discount program. [...] Rosenworcel warned that the impending ACP shutoff "would undermine the historic $42.5 billion Broadband Equity, Access, and Deployment Program," a different program created by Congress to subsidize ISPs' expansion of broadband networks throughout the US. The discount and deployment programs complement each other because "the ACP supports a stable customer base to help incentivize deployment in rural areas," Rosenworcel wrote.

Government

New Jersey Used COVID Relief Funds To Buy Banned Chinese Surveillance Cameras (404media.co) 25

A federal criminal complaint has revealed that state and local agencies in New Jersey bought millions of dollars worth of banned Chinese surveillance cameras. The cameras were purchased from a local company that rebranded the banned equipment made by Dahua Technology, a company that has been implicated in the surveillance of the Uyghur people in Xinjiang. According to 404 Media, "At least $15 million of the equipment was bought using federal COVID relief funds." From the report: The feds charged Tamer Zakhary, the CEO of the New Jersey-based surveillance company Packetalk, with three counts of wire fraud and a separate count of false statements for repeatedly lying to state and local agencies about the provenance of his company's surveillance cameras. Some of the cameras Packetalk sold to local agencies were Dahua cameras that had the Dahua logo removed and the colors of the camera changed, according to the criminal complaint.

Dahua Technology is the second largest surveillance camera company in the world. In 2019, the U.S. government banned the purchase of Dahua cameras using federal funds because their cameras have "been implicated in human rights violations and abuses in the implementation of China's campaign of repression, mass arbitrary detention, and high-technology surveillance against Uyghurs, Kazakhs, and other members of Muslim minority groups in Xingjiang." The FCC later said that Dahua cameras "pose an unacceptable risk to U.S. national security." Dahua is not named in the federal complaint, but [404 Media's Jason Koebler] was able to cross-reference details in the complaint with Dahua and was able to identify specific cameras sold by Packetalk to Dahua's product.

According to the FBI, Zakhary sold millions of dollars of surveillance equipment, including rebranded Dahua cameras, to agencies all over New Jersey despite knowing that the cameras were illegal to sell to public agencies. Zakhary also specifically helped two specific agencies in New Jersey (called "Victim Agency-1" and "Victim Agency-2" in the complaint) justify their purchases using federal COVID relief money from the CARES Act, according to the criminal complaint. The feds allege, essentially, that Zakhary tricked local agencies into buying banned cameras using COVID funds: "Zakhary fraudulently misrepresented to the Public Safety Customers that [Packetalk's] products were compliant with Section 889 of the John S. McCain National Defense Authorization Act for 2019 [which banned Dahua cameras], when, in fact, they were not," the complaint reads. "As a result of Zakhary's fraudulent misrepresentations, the Public Safety Customers purchased at least $35 million in surveillance cameras and equipment from [Packetalk], over $15 million of which was federal funds and grants."

Television

FCC Floats Ban on Cable TV 'Junk Fees' That Make It Hard To Ditch Contracts (arstechnica.com) 32

The Federal Communications Commission has taken a step toward prohibiting early termination fees charged by cable and satellite TV providers. From a report: If given final approval, the FCC action would also require cable and satellite providers to provide a prorated credit or rebate to customers who cancel before a billing period ends. The new rules are being floated in a Notice of Proposed Rulemaking (NPRM) that the FCC voted to approve this week in a 3-2 vote, with both Republicans dissenting. The NPRM seeks public comment on the proposed rules and could lead to a final vote in a few months or so.

"Today's action proposes to adopt customer service protections that prohibit cable operators and DBS (Direct Broadcast Satellite) providers from imposing a fee for the early termination of a cable or DBS video service contract," the FCC said. "Additionally, the NPRM recommends the adoption of customer service protections to require cable and DBS providers to grant subscribers a prorated credit or rebate for the remaining whole days in a monthly or periodic billing cycle after the subscriber cancels service."

FCC Chairwoman Jessica Rosenworcel said, "Consumers are tired of these junk fees. They now have more choices when it comes to video content. But these friction-filled tactics to keep us subscribing to our current providers are aggravating and unfair. So today we kick off a rulemaking to put an end to these practices." Cable lobby group NCTA-The Internet & Television Association opposes the plan and said it will submit comments to support "consumer choice and competitive parity."

Communications

The Race To 5G is Over - Now It's Time To Pay the Bill (theverge.com) 84

Networks spent years telling us that 5G would change everything. But the flashiest use cases are nowhere to be found -- and the race to deploy the tech was costly in more ways than one. From a report: At CES in 2021, 5G was just about everywhere you looked. It was the future of mobile communications that would propel autonomous vehicles, remote surgery, and AR into reality. The low latency! The capacity! It'll change everything, we were told. Verizon and AT&T wrote massive checks for new spectrum licenses, and T-Mobile swallowed another network whole because it was very important to make the 5G future happen as quickly as possible and win the race.

CES 2024 is just around the corner, and while telecom executives were eager to shout about 5G to the rafters just a few years ago, you'll probably be lucky to hear so much as a whisper about it this time around. While it's true that 5G has actually arrived, the fantastic use cases we heard about years ago haven't materialized. Instead, we have happy Swifties streaming concert footage and a new way to get internet to your home router. These aren't bad things! But deploying 5G at the breakneck speeds required to win an imaginary race resulted in one fewer major wireless carrier to choose from and lots of debt to repay. Now, network operators are looking high and low for every bit of profit they can drum up -- including our wallets.

If there's a poster child for the whole 5G situation in the US, it's Verizon: the loudest and biggest spender in the room. The company committed $45.5 billion to new spectrum in 2021's FCC license auction -- almost twice as much as AT&T. And we don't have to guess whether investors are asking questions about when they'll see a return -- they asked point blank in the company's most recent earnings call. CEO Hans Vestberg fielded the question, balancing the phrases "having the right offers for our customers" and "generating the bottom line for ourselves," while nodding to "price adjustments" that also "included new value" for customers. It was a show of verbal gymnastics that meant precisely nothing.

Communications

Cable Lobby To FCC: Please Don't Look Too Closely at the Prices We Charge (arstechnica.com) 26

The US broadband industry is protesting a Federal Communications Commission plan to measure the affordability of Internet service. From a report: The FCC has been evaluating US-wide broadband deployment progress on a near-annual basis for almost three decades but hasn't factored affordability into these regular reviews. The broadband industry is afraid that a thorough examination of prices will lead to more regulation of ISPs. An FCC Notice of Inquiry issued on November 1 proposes to analyze the affordability of Internet service in the agency's next congressionally required review of broadband deployment. That could include examining not just monthly prices but also data overage charges and various other fees.

[...] Cable industry lobby group NCTA-The Internet & Television Association complained in a filing released Monday that the Notice of Inquiry's "undue focus on affordability -- or pricing -- is particularly inappropriate." The group, which represents cable providers such as Comcast and Charter, said that setting an affordability benchmark could lead to rate regulation.

The Almighty Buck

FCC Proposes Ban On Cable and Satellite Early Termination Fees (deadline.com) 47

FCC Chairwoman Jessica Rosenworcel today outlined a new proposal that would ban cable and satellite companies from charging subscribers early termination fees. Deadline reports: Some subscribers who sign contracts with cable and satellite operators face paying early termination fees if they want out of the agreement before the expiration date. The companies put such fees in place to reduce churn. The FCC proposal also would target requirements that subscribers pay for the entire billing cycle when they end their service before that date. The proposal would require that the video providers grant a pro-rated credit for the remaining days in a billing cycle. The proposal applies only to cable and satellite providers, not streaming services. The FCC will vote at its Dec. 13 meeting whether to issue a notice of proposed rulemaking for public comment. Rosenworcel said in a statement: "No one wants to pay junk fees for something they don't want or can't use. When companies charge customers early termination fees, it limits their freedom to choose the service they want. In an increasingly competitive media market, we should make it easier for Americans to use their purchasing power to promote innovation and expand competition within the industry."
Cellphones

FCC Tightens Telco Rules To Combat SIM-Swapping (securityweek.com) 21

An anonymous reader quotes a report from SecurityWeek: Moving to clamp down on the growing scourge of SIM-swapping and port-out fraud, the Federal Communications Commission (FCC) has unveiled new rules mandating telcos to give consumers greater control of their mobile phone accounts. Under the new rules, wireless carriers are required to notify customers of any SIM transfer requests, a measure designed to thwart fraudulent attempts by cybercriminals. The FCC has also revised its customer proprietary network information and local number portability rules, making it more challenging for scammers to access sensitive subscriber information.

The new protective measures (PDF) are meant to address SIM-swapping and port-out attacks widely documented in cybercriminal attacks against businesses and consumers. The attack technique is used to hijack mobile accounts, change and steal passwords, bypass MFA roadblocks and raid bank accounts. Studies have found that major mobile carriers in the US are vulnerable to SIM-swapping with the Federal Bureau of Investigation (FBI) receiving thousands of consumer complaints every year.

Government

FCC Can Now Punish Telecom Providers For Charging Customers More For Less (theverge.com) 75

An anonymous reader quotes a report from The Verge: The Federal Communications Commission has approved (PDF) a new set of rules aiming to prevent "digital discrimination." It means the agency can hold telecom companies accountable for digitally discriminating against customers -- or giving certain communities poorer service (or none at all) based on income level, race, or religion. The new rules come as part of the Biden Administration's 2021 Bipartisan Infrastructure Law, which requires the FCC to develop and adopt anti-digital discrimination rules. "Many of the communities that lack adequate access to broadband today are the same areas that suffer from longstanding patterns of residential segregation and economic disadvantage," FCC Chairwoman Jessica Rosenworcel said following today's vote. "It shows that minority status and income correlate with broadband access."

Under the new rules, the FCC can fine telecom companies for not providing equal connectivity to different communities "without adequate justification," such as financial or technical challenges of building out service in a particular area. The rules are specifically designed to address correlations between household income, race, and internet speed. Last year, a joint report from The Markup and the Associated Press found that AT&T, Verizon, and other internet service providers offer different speeds depending on the neighborhood in cities throughout the US. The report revealed neighborhoods with lower incomes and fewer white people get stuck with slower internet while still having to pay the same price as those with faster speeds. At the time, USTelecom, an organization that represents major telecom providers, blamed the higher price on having to maintain older equipment in certain communities.

The FCC was nearly divided on the new set of rules, as it passed with a 3-2 vote. Critics of the new policy argue the rules are an overextension of the FCC's power. Jonathan Spalter, the CEO of USTelecom, says the FCC is "taking overly intrusive, unworkably vague, and ultimately harmful steps in the wrong direction." Spalter adds the framework "is counter" to Congress' goal of giving customers equal access to the internet. Still, supporters of the new rules believe they can go a long way toward improving fractured broadband coverage throughout the US. The FCC will also establish an "improved" customer portal, where the agency will field and review complaints about digital discrimination. It will take things like broadband deployment, network upgrades, and maintenance across communities into account when evaluating providers for potential rule violations, giving it the authority to hopefully finally address the disparities in internet access throughout the US.

Space

FAA Clears SpaceX To Launch Second Starship Flight (cnbc.com) 19

The FAA has cleared SpaceX to launch its second spaceflight attempt of its Starship rocket. CNBC reports: SpaceX posted on the social media platform X shortly after the greenlight that it was "targeting Friday, November 17 for Starship's second flight test." A two-hour launch window will begin at 8 a.m. ET. SpaceX plans to livestream the Starship launch, with a webcast beginning about 30 minutes before lift off. Starship first launched in April, achieving flight for a few minutes before exploding mid-air, severely damaging the ground infrastructure and raising environmental concerns. The FAA in coordination with the U.S. Fish and Wildlife Service launched a safety review prior to issuing a new flight license for the second attempt.

FWS determined that the rocket launch and subsequent damage to the pad infrastructure had no long-term negative effects on the surrounding ecology, according to an agency report released Wednesday. Still, SpaceX will help mitigate damage to the area by reducing sound waves and vibrations, assisting in fire suppression, and providing launch pad protection, the agency said. As a result, "the FAA determined SpaceX met all safety, environmental, policy and financial responsibility requirements," the agency said in a statement Wednesday.

AI

Former President Obama Warns 'Disruptive' AI May Require Rethinking Jobs and the Economy (theverge.com) 151

This week the Verge's podcast Decoder interviewed former U.S. president Barack Obama for a discussion on "AI, free speech, and the future of the internet."

Obama warns that future copyright questions are just part of a larger issue. "If AI turns out to be as pervasive and as powerful as it's proponents expect — and I have to say the more I look into it, I think it is going to be that disruptive — we are going to have to think about not just intellectual property; we are going to have to think about jobs and the economy differently."

Specific issues may include the length of the work week and the fact that health insurance coverage is currently tied to employment — but it goes far beyond that: The broader question is going to be what happens when 10% of existing jobs now definitively can be done by some large language model or other variant of AI? And are we going to have to reexamine how we educate our kids and what jobs are going to be available...?

The truth of the matter is that during my presidency, there was I think a little bit of naivete, where people would say, you know, "The answer to lifting people out of poverty and making sure they have high enough wages is we're going to retrain them and we're going to educate them, and they should all become coders, because that's the future." Well, if AI's coding better than all but the very best coders? If ChatGPT can generate a research memo better than the third-, fourth-year associate — maybe not the partner, who's got a particular expertise or judgment? — now what are you telling young people coming up?

While Obama believes in the transformative potential of AI, "we have to be maybe a little more intentional about how our democracies interact with what is primarily being generated out of the private sector. What rules of the road are we setting up, and how can we make sure that we maximize the good and maybe minimize some of the bad?"

AI's impact will be a global problem, Obama believes, which may require "cross-border frameworks and standards and norms". (He expressed a hope that governments can educate the public on the idea that AI is "a tool, not a buddy".) During the 44-minute interview Obama predicted AI will ultimately force a "much more robust" public conversation about rules needed for social media — and that at least some of that pressure could come from how consumers interact with companies. (Obama also argues there will still be a market for products that don't just show you what you want to see.)

"One of Obama's worries is that the government needs insight and expertise to properly regulate AI," writes the Verge's editor-in-chief in an article about the interview, "and you'll hear him make a pitch for why people with that expertise should take a tour of duty in the government to make sure we get these things right." You'll hear me get excited about a case called Red Lion Broadcasting v. FCC, a 1969 Supreme Court decision that said the government could impose something called the Fairness Doctrine on radio and television broadcasters because the public owns the airwaves and can thus impose requirements on how they're used. There's no similar framework for cable TV or the internet, which don't use public airwaves, and that makes them much harder, if not impossible, to regulate. Obama says he disagrees with the idea that social networks are something called "common carriers" that have to distribute all information equally.
Obama also applauded last month's newly-issued Executive Order from the White House, a hundred-page document which Obama calls important as "the beginning of building out a framework." We don't know all the problems that are going to arise out of this. We don't know all the promising potential of AI, but we're starting to put together the foundations for what we hope will be a smart framework for dealing with it... In talking to the companies themselves, they will acknowledge that their safety protocols and their testing regimens may not be where they need to be yet. I think it's entirely appropriate for us to plant a flag and say, "All right, frontier companies, you need to disclose what your safety protocols are to make sure that we don't have rogue programs going off and hacking into our financial system," for example. Tell us what tests you're using. Make sure that we have some independent verification that right now this stuff is working.

But that framework can't be a fixed framework. These models are developing so quickly that oversight and any regulatory framework is going to have to be flexible, and it's going to have to be nimble.

Communications

Internet Providers Say the FCC Should Not Investigate Broadband Prices 64

Internet service providers and their lobby groups are fighting a US plan to prohibit discrimination in access to broadband services. In particular, ISPs want the Federal Communications Commission to drop the plan's proposal to require that prices charged to consumers be non-discriminatory. From a report: In 2021, Congress required the Federal Communications Commission to issue rules "preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin" within two years. FCC Chairwoman Jessica Rosenworcel last month released her draft plan to comply with the congressional mandate and scheduled a November 15 commission vote on adopting final rules. The plan is likely to pass in a party-line vote as Rosenworcel has a 3-2 Democratic majority, but aspects of the draft could be changed before the vote. Next week's meeting could be a contentious one, judging by a statement issued Monday by Republican Commissioner Brendan Carr.

Carr described Rosenworcel's proposal as "President Biden's plan to give the administrative state effective control of all Internet services and infrastructure in the US." He also objects to the Rosenworcel plan's statement that the FCC rules may apply to entities that are not broadband providers, such as landlords, if they "impede equal access to broadband Internet access service." Consumer advocates generally support the proposal but say the planned system for handling complaints, ISP responses, and investigations is not transparent enough, reducing the system's potential to act as a deterrent. Consumer advocates also say Internet users who have already been harmed by discrimination may not get any relief because the proposed rules do not apply retroactively. ISPs including Comcast, Charter, AT&T, and Verizon have held a flurry of meetings with FCC officials and commissioners in which they argued that the rules are too broad.
Government

America's Net Neutrality Question: Should the FCC Define the Internet as a 'Common Carrier'? (fcc.gov) 132

The Washington Post's editorial board looks at America's "net neutrality" debate.

But first they note that America's communications-regulating FCC has "limited authority to regulate unless broadband is considered a 'common carrier' under the Telecommunications Act of 1996." The FCC under President Barack Obama moved to reclassify broadband so it could regulate broadband companies; the FCC under President Donald Trump reversed the change. Dismayed advocates warned the world that, without the protections in place, the internet would break. You'll never guess what happened next: nothing. Or, at least, almost nothing. The internet did not break, and internet service providers for the most part did not block and they did not throttle.

All the same, today's FCC, under Chairwoman Jessica Rosenworcel, has just moved to re-reclassify broadband. The interesting part is that her strongest argument doesn't have much to do with net neutrality, but with some of the other benefits the country could see from having a federal watchdog keeping an eye on the broadband business... Broadband is an essential service... Yet there isn't a single government agency with sufficient authority to oversee this vital tool. Asserting federal authority over broadband would empower regulation of any blocking, throttling or anti-competitive paid traffic prioritization that they might engage in. But it could also help ensure the safety and security of U.S. networks.

The FCC has, on national security grounds, removed authorization for companies affiliated with adversary states, such as China's Huawei, from participating in U.S. telecommunications markets. The agency can do this for phone carriers. But it can't do it for broadband, because it isn't allowed to. Or consider public safety during a crisis. The FCC doesn't have the ability to access the data it needs to know when and where there are broadband outages — much less the ability to do anything about those outages if they are identified. Similarly, it can't impose requirements for network resiliency to help prevent those outages from occurring in the first place — during, say, a natural disaster or a cyberattack.

The agency has ample power to police the types of services that are becoming less relevant in American life, such as landline telephones, and little power to police those that are becoming more important every day.

The FCC acknowledges this power would also allow them to prohibit "throttling" of content. But the Post's editorial also makes the argument that here in 2023 that's "unlikely to have any major effect on the broadband industry in either direction... Substantial consequences have only become less likely as high-speed bandwidth has become less limited."
Cellphones

20 Carriers Face Call-Blocking in the US for Submitting Fake 'Robocall Mitigation Plans' (arstechnica.com) 67

"Twenty phone companies may soon have all their voice calls blocked by US carriers," reports Ars Technica, "because they didn't submit real plans for preventing robocalls on their networks." The 20 carriers include a mix of US-based and foreign voice service providers that submitted required "robocall mitigation" plans to the Federal Communications Commission about two years ago. The problem is that some of the carriers' submissions were blank pages and others were bizarre images or documents that had no relation to robocalls. The strange submissions, according to FCC enforcement orders issued Monday, included "a .PNG file depicting an indiscernible object," a document titled "Windows Printer Test Page," an image "that depicted the filer's 'Taxpayer Profile' on a Pakistani government website," and "a letter that stated: 'Unfortunately, we do not have such a documents.'"

Monday's FCC announcement said the agency's Enforcement Bureau issued orders demanding that "20 non-compliant companies show cause within 14 days as to why the FCC should not remove them from the database for deficient filings." The orders focus on the certification requirements and do not indicate whether these companies carry large amounts of robocall traffic. Each company will be given "an opportunity to cure any deficiencies in its robocall mitigation program description or explain why its certification is not deficient." After the October 30 deadline, the companies could be removed from the FCC's Robocall Mitigation Database.

Removal from the database would oblige other phone companies to block all of their calls.

Communications

FCC Greenlights Superfast Wi-Fi Tethering for AR and VR Headsets (theverge.com) 5

The FCC has unanimously approved plans by several tech companies to use the 6GHz band for wireless devices. From a report: FCC Chair Jessica Rosenworcel proposed the new rules, which would authorize very low power (VLP) operations -- meaning their signals won't be able to go very far -- in about 850MHz of the spectrum, on September 27th. The rules will also allow devices to "use higher power levels" so long as they're geofenced to keep from interfering with actual licensed 6GHz usage, and the FCC will be taking comments on other ways it can expand 6GHz spectrum usage by technology devices.

A September Bloomberg report pointed to some of the kinds of devices the FCC's affirmative vote could open up, including in-car connections, mobile virtual or augmented reality devices, and more. The FCC originally opened up 1,200MHz of the 6GHz spectrum for unlicensed use by Wi-Fi routers and client devices (think smartphones or laptops), giving home networks far more wireless overhead than existing Wi-Fi standards already had. This new approval expands the spectrum for much more general use.

Your Rights Online

FCC Moves Ahead With Title II Net Neutrality Rules in 3-2 Party-Line Vote (arstechnica.com) 68

The U.S. FCC voted Thursday to advance a proposal to reinstate landmark net neutrality rules and assume new regulatory oversight of broadband internet that was rescinded under former President Donald Trump. From a report: In a 3-2 party-line vote, the FCC approved Chairwoman Jessica Rosenworcel's Notice of Proposed Rulemaking (NPRM), which seeks public comment on the broadband regulation plan. The comment period will officially open after the proposal is published in the Federal Register, but the docket is already active and can be found here. The proposal would reclassify broadband as a telecommunications service, a designation that allows the FCC to regulate ISPs under the common-carrier provisions in Title II of the Communications Act. The plan is essentially the same as what the FCC did in 2015 when it used Title II to prohibit fixed and mobile Internet providers from blocking or throttling traffic or giving priority to Web services in exchange for payment.

The Obama-era net neutrality rules were eliminated during Trump's presidency when then-Chairman Ajit Pai led a repeal that reclassified broadband as an information service, returning it to the less strict regulatory regime of Title I. The current FCC likely would have acted much sooner but there was a 2-2 deadlock until last month when the Senate confirmed Biden nominee Anna Gomez to fill the empty spot. After the comment period, the FCC is likely to finalize the rulemaking and put the 2015 rules back in place. The broadband industry will likely then sue the FCC in an attempt to nullify the rulemaking.

Communications

Net Neutrality's Court Fate Depends on Whether Broadband is 'Telecommunications' (arstechnica.com) 84

As the FCC leans towards reinstating net neutrality and regulating ISPs under Title II, the broadband sector is set to challenge the move. Previously, courts have upheld FCC's decisions. However, legal experts believe the Supreme Court's current stance may hinder the FCC's authority to classify broadband as a telecommunications service. ArsTechnica: The major question here is whether the FCC has authority to decide that broadband is a telecommunications service, which is important because only telecommunications services can be regulated under Title II's common-carrier framework. "A Commission decision reclassifying broadband as a Title II telecommunications service will not survive a Supreme Court encounter with the major questions doctrine. It would be folly for the Commission and Congress to assume otherwise," two former Obama administration solicitors general, Donald Verrilli, Jr. and Ian Heath Gershengorn, argued in a white paper last month. According to Verrilli and Gershengorn, "There is every reason to think that a majority of the Supreme Court" would vote against the FCC.

Verrilli and Gershengorn express their view with a striking level of certainty given how difficult it usually is to predict a Supreme Court outcome -- particularly in a case like this, where the agency decision isn't even finalized. While litigation in lower courts is to be expected, it's not even clear that the Supreme Court will take up the case at all. The certainty expressed by Verrilli and Gershengorn is less surprising when you consider that their white paper was funded by USTelecom and NCTA -- The Internet & Television Association, two broadband industry trade groups that sued the Obama-era FCC in a failed attempt to overturn the net neutrality rules. The groups -- which represent firms like AT&T, Verizon, Comcast, and Charter -- eventually got their way when then-FCC Chairman Ajit Pai led a repeal of the rules in 2017. But the industry-funded white paper has gotten plenty of attention, and the FCC is keenly aware of the so-called "major questions doctrine" that it describes. The FCC's Notice of Proposed Rulemaking (NPRM), which is pending a commission vote, will seek public comment on how the major questions doctrine might affect Title II regulation and net neutrality rules that would prohibit blocking, throttling, and paid prioritization.

Communications

Biden Administration Backs Strong Rules To Close Digital Divide (bloomberg.com) 82

The Biden administration has urged the FCC to adopt strong rules to redress historic shortfalls that have left some communities lacking adequate broadband service. From a report: The position sets up a possible clash with large broadband providers that have warned the FCC, which is set to produce rules by next month, against unnecessary regulations. Clear rules are needed to close the digital divide that leaves millions without adequate broadband, the National Telecommunications and Information Administration said in a statement. The Commerce Department unit advises the president and develops internet policy. "Strong rules are needed to remedy unequal access to internet service, no matter what the cause may be," said Alan Davidson, the assistant secretary of commerce for communications and information, who is also the NTIA's top official. "Rules that combat digital discrimination will bring lasting relief to vulnerable communities that historically have been left behind online."

The FCC is considering regulations to prevent and eliminate digital discrimination of access based on income level, race and other factors, according to Chairwoman Jessica Rosenworcel. Broadband advocates have told the agency they want deep changes that will steer spending into cities. Some urban neighborhoods have suffered from disinvestment dating back to redlining decades ago, when government-aided discriminatory lending patterns starved neighborhoods of housing resources. Many of those areas still aren't prosperous, and haven't seen network upgrades.

Cellphones

An Emergency Alert Test Will Sound On All US Cellphones, TVs and Radios On Wednesday (cbsnews.com) 101

An anonymous reader quotes a report from CBS News: Your electronic devices may alarm you on Wednesday afternoon — but there's a reason for that. A nationwide test of the federal emergency alert system will be broadcast at approximately 2:20 p.m. EDT to cellphones, televisions and radios across the United States at around the same time. Most Americans with wireless cellular devices will receive an emergency alert message, as will most whose televisions or radios are on when the test occurs.

The Federal Emergency Management Agency will conduct Wednesday's test in coordination with the Federal Communications Commission. Emergency alert messages that make up the test are divided into two groups -- the Emergency Alert System (EAS) for radios and televisions, and the Wireless Emergency Alerts (WEA) for wireless phones -- although both are scheduled to happen at once. Wednesday will mark the seventh nationwide test of the Emergency Alert System. Six previous tests were conducted over the years between November 2011 and August 2021. This will be the third nationwide test of wireless alerts, and the second nationwide test transmitted to all cellphones, FEMA said in a statement. As the wireless alert tests are sent out to phones, the Emergency Alert System tests will be sent out to televisions and radios.

People can elect not to receive certain emergency alert messages to their cellphones from local authorities, or in some instances, simply decide whether to subscribe or not to a specific set of emergency alerts put out by a particular agency. On the other hand, it is not possible to opt out of the upcoming test of the national wireless alert system. All major wireless providers participate in FEMA's wireless alert system. So, most people whose cellphones are turned on and located within range of an active cell tower during the test should receive a message, the agency said (PDF).

Communications

Dish Dealt First-Ever Space-Debris Fine For Misparking Satellite (bloomberg.com) 63

Todd Shields and Loren Grush reporting via Bloomberg: Dish Network Corp. was fined $150,000 by US regulators for leaving a retired satellite parked in the wrong place in space, reflecting official concern over the growing amount of debris orbiting Earth and the potential for mishaps. The Federal Communications Commission called the action its first to enforce safeguards against orbital debris. "This is a breakthrough settlement, making very clear the FCC has strong enforcement authority and capability to enforce its vitally important space debris rules," Loyaan A. Egal, the agency's enforcement bureau chief, said in a statement.

Dish's EchoStar-7 satellite, which relayed pay-TV signals, ran short of fuel, and the company retired it at an altitude roughly 76 miles (122 kilometers) above its operational orbit. It was supposed to have been parked 186 miles above its operational orbit, the FCC said in an order (PDF). The company admitted it failed to park EchoStar-7 as authorized. It agreed to implement a compliance plan and pay a $150,000 civil penalty, the FCC said.

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