Broadband experts debated how the FCC should proceed in adopting its final rules on combating digital discrimination. Some at a Friday Federalist Society webinar raised concerns about how the commission may define discrimination and its authority on the issue. The Infrastructure Investment and Jobs Act mandated the agency adopt final rules by Nov. 15. The proceeding "is one of the most important items on the FCC's plate," said Free State Foundation President Randolph May. The "key problem" with the rulemaking is that it "exceeds the statutory authority" by imposing a disparate impact on ISPs, said FSF Policy Studies Director Seth Cooper. The current record before the FCC doesn't suggest providers are actively engaging in discrimination, Cooper said, and the agency should instead focus on prohibiting "intentional discrimination of access." Public Knowledge Senior Vice President Harold Feld noted Congress "did make explicit findings with regard to lack of access" for communities of color and low-income areas when it directed the commission to establish rules to combat digital discrimination. "The FCC has an obligation to step in where the market will fail," Feld said, saying "every provider has a responsibility." Questions remain on what the FCC's authority is and whether there's a possibility for overreach once final rules are issued, said Clint Odom, T-Mobile vice president-strategic alliances and external affairs, noting the Enforcement Bureau "can wield a lot of power" due to this rulemaking.
The White House will reveal state allocations for the $42.5 billion broadband, equity, access and deployment (BEAD) program Monday, said New Jersey Office of Broadband Connectivity Director Valarry Bullard on an NTIA videoconference Thursday. Afterward, other state officials told us they were invited to a 4:30 p.m. Monday event. State broadband officers were invited to the Monday event to find out grant amounts, said Bullard at the New Jersey virtual outreach meeting: "All of these state broadband offices will get together and [President Joe] Biden will say, 'You get a grant' and 'You get a grant.'" NTIA Federal Program Officer Brynn Deprey said to expect a news release. NTIA earlier said it would announce BEAD allocations by June 30. NTIA will use the FCC map to determine how much money states receive in addition to the $100 million each they’re guaranteed under the Infrastructure Investment and Jobs Act. Louisiana will be there, emailed Veneeth Iyengar, the broadband office's executive director-broadband development and connectivity. "I do not know the exact nature of the announcement, though we are in the ballpark in terms of timing with regards to knowing what our BEAD allocation will be." Colorado Broadband Office Executive Director Brandy Reitter also said she was invited to the White House event but can't attend. South Carolina Broadband Office Director Jim Stritzinger also said all states had been invited to the White House event. NTIA didn't comment further Thursday.
Several FCC licensing systems that were having outages are back online and deadlines involving them are extended, said a public notice Wednesday. The universal licensing system (ULS), tower construction notification system (TCNS), E-106 system and antenna structure registration system (ASR) are now online, said the PN. They were down from Friday until 9 a.m. EDT Wednesday “due to technical issues” the PN said. “We are extending the deadlines for all regulatory filings that were due in the affected systems between June 9, 2023, and June 29, 2023, until Friday, June 30, 2023,” said the PN. The extension supersedes previous, shorter extensions granted last week, the PN said. “We have provided for a longer extension for these filings than initially contemplated in the June 13 Public Notice in anticipation of high traffic volumes on these systems in the coming days.” The agency encouraged filers “to consider deferring discretionary filings this week, and we encourage filers preparing large submissions to coordinate in advance with staff of the Bureaus,” the PN said. Historic preservation reviews that were in progress during the outage are resumed, grants of special temporary authority that were to have expired between June 9 and June 29 will now expire June 30, the PN said.
Recent problems with the FCC’s filing systems such as the universal licensing system (see 2306140077) are the latest in a struggle with computer problems that have plagued the agency since the start of 2023, multiple broadcast attorneys told us. Monday, the agency’s On Circulation page wouldn’t load for part of the day, and the online public inspection files used by broadcasters have been experiencing intermittent problems since January. Although the frequency of issues has decreased, the system remains unreliable, users said. The FCC didn’t comment on the ongoing outages and computer issues, possible fixes or causes. Broadcasters and attorneys uploading public file documents often find their entries don’t show up, or the system doesn’t list them as having been uploaded even though the documents are there, said Fletcher Heald broadcast attorney Anne Crump. “You can see the documents listed, but you can’t look at them,” she said. “It could be as simple as not being able to upload,” said broadcast attorney Dawn Sciarrino. Though attorneys told us the public file system has improved since it caused the agency to issue deadline extensions at the start of the year, it's still a problem, they said. It was one of the subjects of a Media Bureau panel at the NAB Show in April, with Audio Division Chief Albert Shuldiner then calling it the problem the bureau gets more calls about than anything else. Crump and Sciarrino said they tell their clients to screenshot the error messages that turn up and keep them. That way when “it’s seven years later and there’s a license renewal and they ask why you were late uploading something, you have an answer,” Sciarrino said. Quarterly issues/programs lists are due in all broadcaster online public files July 10, and could be affected by the computer issues, broadcast attorneys said. “It’s a widespread problem, but it hasn’t really stopped me from being able to do something that’s important,” said Lerman Senter broadcast attorney David Burns, though he qualified that by noting the current ULS outage is likely preventing action on important applications for his clients.
Amid questions whether the FCC will look more closely at AI issues, the FCC Tuesday announced a July 13 workshop with the National Science Foundation. The session “will convene a diverse array of stakeholders -- network operators and vendors, leading academics, federal agencies, and public-interest representatives -- to discuss the promise and challenge” of “in the telecommunications and technology sectors,” the notice said: It’s to cover a wide variety of issues “including AI’s transformative potential to optimize network traffic; improve spectrum policy and facilitate sharing; and enhance resiliency through self-healing networks.” The workshop will also explore how AI could help in the fight against illegal robocalls and robotexts, among other items, the FCC said. The workshop starts at 9 a.m. EDT at FCC headquarters. The FCC is looking at AI for “everything from robocalls to network reliability and self-healing” networks, Chairwoman Jessica Rosenworcel said last month (see 2305180052). The FCC last had an AI forum in 2018 (see 1811300051).
The FCC deactivated its disaster information reporting system for Typhoon Mawar Thursday, at the request of the Guam governor’s office and in coordination with other federal agencies (see 2306050046). “Communications providers do not need to provide any additional reporting in DIRS in connection with this event,” the FCC said: The FCC "will … continue to monitor the status of communications services and work with providers and government partners as needed to support remaining restoration efforts.”
Dish Network's 5G network is reaching 70% of the U.S. population, it said Thursday. Meeting that June 14 FCC milestone was expected (see 2306130013). Dish said it satisfied the other June 14 conditions, including the launch of more than 15,000 5G sites. It said its 5G voice service that went live in 2022 in Las Vegas now covers more than 70 million Americans through Boost Mobile and Boost Infinite, and it will continue rolling out the service elsewhere. “Unfortunately, we do not expect the FCC to comment on the matter for the foreseeable future, if ever,” LightShed’s Walter Piecyk told investors. “We believe the FCC should accelerate and publicize its evaluation process,” he said: “We recognize that there is real work associated with the Wireless Bureau’s evaluation. However, the absence or delay of a public certification provides an incremental hurdle for Dish to raise needed capital. Conversely, if Dish did not build the network that was promised, the FCC should not hesitate to begin any process to reclaim and reauction the spectrum to those who would use it. While this would inevitably trigger litigation, why not start that process sooner rather than later?” New Street’s Jonathan Chaplin noted Dish is offering 5G voice service, or voice over new radio (VoNR), in markets covering 20% of U.S. POPs. “This is a positive step for Dish’s network economics, as Dish customers have to date typically had to rely on the MVNOs [mobile virtual network operators] for all usage in markets lacking VoNR, because of the difficulty of hand offs between Dish’s 5G standalone network and the other carrier networks,” Chaplin said.
The European Parliament voted 499-28 this week to approve a proposed law on artificial intelligence, bringing the EU closer to implementing first-of-its-kind AI regulations. “We want AI’s positive potential for creativity and productivity to be harnessed, but we will also fight to protect our position and counter dangers to our democracies and freedoms during the negotiations with Council,” said Parliament member Brando Benifei of Italy in a Tuesday news release.
NTIA Administrator Alan Davidson warned the "broad goal of closing the digital divide is at risk" because the FCC's affordable connectivity program is "at risk of running out of money," during a New America event Wednesday (see 2306130057). Davidson emphasized the need for affordable broadband options as the agency administers its broadband, equity, access and deployment program. The internet is "the essential communications tool in our modern world" and millions of people across the country "still lack access to an affordable high speed internet," he said: "If we want to reach our goal of helping Americans thrive online, a connection alone is not enough."
The Education Department and hundreds of local and national organizations unveiled Online For All, a campaign to drive Affordable Connectivity Program enrollment. Nonprofit campaign coordinator Civic Nation said ED, working with such groups as the National Education Association and American Federation of Teachers, will focus efforts on school students and their parents, letting them know about ACP. Comcast Executive Vice President-Digital Equity Broderick Johnson blogged that the company as part of the campaign held ACP awareness events Wednesday and has a variety of others scheduled. "While it’s impressive that more than 18.5 million households have signed up for the ACP benefit so far ... with more than 31 million households eligible for the ACP, but not yet enrolled, our attention must now turn toward broadband adoption," he said Wednesday.