Federal Communications Commission (FCC)

ASPEN -- Finding a way to restore the affordable connectivity program (ACP) is a high priority for the end of 2024 and social media-related advertising revenue could provide potential solutions, FCC Commissioners Geoffrey Starks and Anna Gomez said Monday.

Shortwave Modernization Coalition (SMC) representatives told the FCC the group met with other federal agencies about the group’s proposal that the commission launch a rulemaking to amend eligibility and technical rules for industrial/business pool licensees to authorize licensed use of frequencies above 2 MHz and below 25 MHz for fixed, long-distance, non-voice communications (see 2305010053). The proposal has faced pushback, particularly from amateur radio operators (see 2308180033). SMC met with spectrum officials at NTIA “and based on those discussions reached out to several federal spectrum users and were successful in having meetings with the spectrum staff” at NASA, NOAA, the National Institute of Standards and Technology and the U.S. Coast Guard, a filing posted Monday in RM-11953 said. SMC “explained that the shortwave band has been used for nearly nine years through multiple experimental licenses granted to several parties, and that multi-year experience mirrors the use that would be authorized by the pending proposal.”

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.