A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service.
A proposed Missing and Endangered Persons (MEP) emergency alert system code was universally supported in comments from native groups, public safety officials, CTIA and NCTA. Comments were filed in docket 15-94 last week. Some entities differ on how a wireless emergency alert version should be implemented, and on whether an additional code is needed specifically for missing indigenous people. "There is little or no doubt that a dedicated alert code of this type will save lives and will therefore greatly exceed any nationwide implementation costs,” the National Tribal Telecommunications Association (NTTA) said of the MEP code.
The House's passage Wednesday night of the NTIA Reauthorization Act (HR-4510) was met with industry group applause. The Computer & Communications Industry Association said Thursday reauthorization "is critical to wireless innovation and advancement" and that the Senate should consider reauthorization expeditiously. ACA Connects said the reauthorization "will help ensure NTIA manages resources effectively to close the digital divide, enhance cyber security, and secure supply chains." The bill passed 374-36. During Wednesday's House Communications Subcommittee oversight hearing (see 2405150020), NTIA Administrator Alan Davidson said updating NTIA's authorizing statute -- last done in 1992 -- was long overdue. He said reauthorization would bring needed clarity to NTIA's role in internet policy, spectrum and cybersecurity.
Broadband providers, broadcasters, satellite companies and the FirstNet Authority urged the FCC not to expand outage reporting requirements. Meanwhile, groups such as Public Knowledge, Next Century Cities and The Utility Reform Network (TURN) said increased reporting rules are a matter of public safety. Comments were filed in docket 21-346 by Monday’s deadline.
Vermont’s net neutrality law seems in good shape legally following two significant, late-April decisions by the FCC and the 2nd U.S. Circuit Court of Appeals, said experts on the statute. ISP groups must decide what to do with their 2018 lawsuit at U.S. District Court of Vermont now that the case can resume following the 2nd Circuit ruling.
The cable industry is urging the FCC to simplify the proposed reinstatement of the collection of FCC Form 395-A, which concerns the workforce composition of multichannel video programming distributors (MVPDs). Smaller MVPDs especially lack resources for handling extensive regulatory requirements, ACA Connects said in docket 98-204 comments this week. It said the agency should let 395-A submissions be made through the Cable and Operations Licensing System, which would help minimize compliance costs. It also urged that mandatory 395-A submissions not occur until at least a year from the effective date of an order reinstating data collection. NCTA also suggested ways of reducing cable operator burden, such as requiring information be made available only through the FCC-hosted Online Public Information File, rather than also through MVPD local facilities or websites. NCTA said the FCC should opt for EEO-1 forms, which would provide substantially similar information, rather than 395-As. American Free Enterprise and the U.S. Chamber of Commerce said collecting and disclosing race, gender and ethnicity employee data "is intended to pressure MVPDs to discriminate in recruiting and hiring to bring their workforce composition in line with prevailing notions of 'diversity,'" They urged withdrawal of the proposed rule, saying that publishing the data to pursue increased representation of certain demographics at MVPDs goes against the Fifth Amendment.
Federal law doesn't preempt New York state’s Affordable Broadband Act (ABA), the 2nd U.S. Circuit Court of Appeals decided Friday. In a 2-1 opinion, the court reversed the U.S. District Court for Eastern New York, which had barred the state from enforcing the 2021 Affordable Broadband Act (ABA). The ABA required $15 monthly plans providing 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households.
Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.
CTIA and the major wireless carriers urged the FCC to clarify that the Telephone Consumer Protection Act doesn’t apply to robocalls and robotexts from wireless service providers to their subscribers, in reply comments posted Monday in docket 02-278. Consumer and public interest groups argue that providers shouldn’t receive special treatment (see 2404050044). Commissioners approved a Further NPRM in February seeking comment on the wireless provider exemption (see 2402160048).
The Federal Emergency Management Agency and the National Weather Service (NWS) joined commenters from the broadcast, MVPD and emergency alerting industries in pushing back on an FCC proposal (see 2402150053) requiring multilingual emergency alert system warnings facilitated by scripted templates, according to comments posted this week in docket 15-94. Though nearly every commenter acknowledged the importance of multilingual EAS, they also said the FCC’s proposal is too preliminary, would greatly burden broadcasters and MVPDs, and in some cases isn’t technically feasible. “The use of pre-installed templates may not be an effective approach,” said the FEMA Integrated Public Alert Warning System Program Office.