Wireless carriers see the 12.7 GHz band, also known as the 13 GHz band, as a candidate for reallocation for 5G, and eventually 6G, based on comments filed last week at the FCC. But carriers consider the band in general inferior to 3.1 GHz and other bands with less packet loss and better propagation characteristics. Broadcasters, the satellite industry and NTIA also raised concerns.
Notable CROSS rulings
AUSTIN – NARUC's Telecom Committee supported permanent annual funding for the affordable connectivity program (ACP) in a nearly unanimous vote at the association’s conference Tuesday. Congress will fear ending ACP if enough people sign up, Multicultural Media, Telecom and Internet Council CEO Robert Branson told state commissioners on a diversity panel Monday. Panelists said it’s important for digital equity efforts to keep the program that’s meant to help low-income communities afford broadband.
An FCC draft order on FM6 low-power TV stations is expected to change little from the draft version and to be unanimously approved Thursday, FCC and industry officials said. The stations -- sometimes called “Franken FMs”-- broadcast primarily audio content that can be picked up with FM radio receivers and “will get to stay on the air and continue serving the public,” said Wiley broadcast attorney Ari Melzer, who represents several FM6 broadcasters.
Senate Democratic officials and other observers now believe it's a matter of when, not if, the chamber will confirm FCC nominee Anna Gomez and renominated Commissioners Brendan Carr and Geoffrey Starks after the Commerce Committee advanced them Wednesday, all on non-unanimous voice votes, as expected (see 2307110071). Backers of Gomez and Starks and other observers cited unified committee Democratic support for Gomez and Starks as a sign they may get unanimous caucus backing on the floor. At least one of the four Commerce Republicans who didn't oppose the Democratic nominees Wednesday plans to vote for them on the floor.
Expect an adequacy decision on U.S.-EU data transfers "soon," a European Commission official said on a Friday Atlantic Council Europe Center webinar. The EC is "very confident" the proposed framework will survive a challenge in the European Court of Justice (ECJ), said Lucrezia Busa, a member of Justice Commissioner Didier Reynders' cabinet. If it doesn't, several alternatives could be considered, including some sort of multilateral scheme, panelists said. An adequacy decision is a finding by the EC that a non-EU country's data protection regime affords privacy protections essentially equivalent to those granted under EU law.
The Senate Commerce Committee plans to vote Wednesday on three FCC nominees and commission inspector general candidate Fara Damelin, as expected (see 2306270067), the committee said Thursday. Incumbent Democratic Commissioner Geoffrey Starks and new pick Anna Gomez got copious questions from Senate Commerce ranking member Ted Cruz of Texas and other panel Republicans, but none of them indicated the same level of negativity that ex-nominee Gigi Sohn faced during her often-fractious year-plus confirmation process. Committee Democrats, meanwhile, probed Republican Commissioner Brendan Carr on controversial statements he made since becoming a commissioner during the Trump administration.
The European Commission proposed new rules Tuesday to “ensure stronger” enforcement of the general data protection regulation in cross-border cases. The new rules attempt to harmonize procedures in cross-border cases and allow defendants and complainants the right to be heard earlier in their cases during European Data Protection Board review. Defendants would be able to have their cases heard in court during EDPB dispute resolution before authorities decide whether to fully or partially reject a complaint. The proposal establishes common rights for complainants to be “heard in cases where their complaints are fully or partially rejected.” The proposal makes “some small steps” toward improving cross-board procedures, but it fails to address “major shortcomings,” said Alexandre Roure, Computer & Communications Industry Association public policy director-Europe. CCIA hopes the European Parliament and EU member states will “reinforce defendants’ most basic rights, including the right to appeal EDPB decisions against them and the right to a fair hearing within a realistic time frame.” According to CCIA, when privacy authorities escalate the case to the EDPB, defendants will “only have one week (two weeks in limited cases) to respond to new allegations or alleged evidence brought forward by the EDPB.” The proposal fails to “improve complainants’ rights to be heard and to get access to timely and important information from the investigation an authority carries out,” European consumer advocacy group BEUC said in a statement. Authorities often respond with painstakingly slow enforcement, particularly in cross-border cases, said BEUC: The new proposal fails to add mechanisms to allow complainants to get access to timely information in cases. “Weak and slow enforcement only suits Big Tech and other companies who make money from trampling on people’s right to personal data protection,” said BEUC Deputy Director General Ursula Pachl.
A California state court signaled it would delay enforcement of California Privacy Right Act (CPRA) regulations. The CPRA had required the California Privacy Protection Agency (CPPA) to start enforcing regulations implementing the sequel to the California Consumer Privacy Act (CCPA) by Saturday. Connecticut and Colorado’s comprehensive privacy laws took effect that day, joining California and Virginia laws. The Delaware Senate passed a privacy bill Thursday.
A draft FCC order would update several E-rate rules to ensure tribal colleges and university libraries are eligible to receive program support, according to a draft released Thursday (see 2306280064) for consideration during the commissioners' July 20 open meeting. The agency in its draft 988 outage reporting order defended the reporting requirement as requiring nominal action, requiring only clicking on a checkbox in its national outage reporting system (NORS) to indicate if a reported outage potentially affects a 988 facility.
The reaction has been muted to FCC Chairwoman Jessica Rosenworcel's speech Wednesday launching a Privacy and Data Protection Task Force and urging a more aggressive approach by the agency on data privacy (see 2306140075). But some observers questioned how far the FCC can go under its legal authority to regulate privacy. Rosenworcel said Wednesday sections 222 and 631 of the Communication Act provide the grounding for FCC action. Congress rejected ISP privacy rules approved under former Chairman Tom Wheeler, through a Congressional Review Act resolution (see 1704040059).