Howard Buskirk

While the FCC received support for moving forward on a November proposal permitting schools and libraries to get E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2311090028) many commenters raised questions. Commissioners Brendan Carr and Nathan Simington dissented on an NPRM, questioning the proposal's legal underpinnings, and several comments agreed. The comments were filed the same week as the U.S. Supreme Court considered the Chevron doctrine's future and how strictly regulators must adhere to statutory language (see 2401170074).

The U.S. Supreme Court’s conservative majority appeared receptive to industry arguments that the court should overturn, or at least narrow, the Chevron doctrine, which gives agencies like the FCC and FTC deference in interpreting laws that Congress passes. The court heard oral argument Wednesday for more than 3.5 hours in two cases challenging Chevron deference, Loper Bright Enterprises v. Raimondo and Relentless v. Commerce. Both concern fishing regulations and don’t touch directly on communications regulation.

Twenty-six attorneys general urged the FCC to use its AI notice of inquiry to clarify that AI-generated calls mimicking human voices are considered “an artificial voice” under the Telephone Consumer Protection Act. Reply comments on a November notice of inquiry (see 2311160028) were due Tuesday and posted Wednesday in docket 23-362. In initial comments, CTIA and USTelecom urged that the FCC allow flexibility in how providers use AI (see 2312200039).

Most early comments supported a proposal in a November FCC NPRM letting schools and libraries apply for funding from the E-rate program for Wi-Fi hot spots and wireless internet access services that can be used off-premises. The agency approved the NPRM 3-2, with Commissioners Brendan Carr and Nathan Simington dissenting (see 2311090028). Comments were due Monday in docket 21-31.

The U.S. scored an important win for Wi-Fi at the recent World Radiocommunication Conference, beating back a move to harmonize the upper 6 GHz band for 5G, speakers said during a CES discussion of unlicensed spectrum late Thursday. Officials said restoration of FCC auction authority is critical, but when Congress will act remains uncertain.

Industry lawyers and analysts expect a busy start for the FCC in 2024, with the 3-2 Democratic majority able to approve items without the FCC’s two Republicans, and Chairwoman Jessica Rosenworcel eager to address priorities before the usual freeze in the months before and after a presidential election.

The White House “deeply believes” it’s critical that Congress restore FCC auction authority, Anne Neuberger, deputy national security adviser-cyber and emerging technology, said Thursday during a CES event. “Think about how much making spectrum available has enabled innovation,” she said: “That’s something that we’re working on closely with the Hill, and it’s an area that we know needs to be addressed.”

NTIA Administrator Alan Davidson sounded a warning about AI during remarks at CES Thursday. Davidson said nearly every booth at the conference hypes AI and claims that the products offered leverage it, he said. “We’re here today because of the growing power of technology in all of our lives -- that power, along with its inherent risks, has really been the animating force in my career,” he said. Humanity can build technologies that will be a force for good, he said: “It also has the power to build tools to monitor our population, divide our societies, weaken the vulnerable or even destroy life itself.” The global discussion around AI and machine learning is the best example of policymakers looking closely at technology's impact, he said. Responsible AI will “bring enormous benefits" and “transform every corner of our economy,” Davidson said. Yet policymakers must address the “very serious and real risks” that AI already presents, he said. Those include concerns about safety, security, privacy, bias, risks from disinformation and the effect on the labor market, he said. As a result, “there is a strong sense of urgency today across the Biden administration and among governments around the world,” he said. Davidson called President Joe Biden’s executive order (see 2310300056) “the most significant government action to date on AI.” Last year, NTIA launched an accountability initiative and will soon release the results, he said. The department is also looking at AI openness and the benefits and risks different AI models pose, he said.

FCC Commissioner Anna Gomez warned at the CES in Las Vegas that the U.S. could fall behind other nations unless the agency once again has authority to conduct spectrum auctions. The remarks were her first at a CES as an FCC member. Meanwhile, Commissioner Brendan Carr, also at the show, said the FCC is moving backward on spectrum. Carr slammed the administration’s national spectrum strategy for not opening any new spectrum (see 2401100032), which he called “a bit of a miss.” CTA officials said Carr and Gomez toured the CES show floor together Wednesday.

NTIA posted comments it received last week on the implementation plan for the national spectrum strategy (see 2401030059). Among noteworthy comments, public safety groups pressed the administration to also consider public safety spectrum. Utilities sought additional spectrum for their networks. T-Mobile and Verizon urged a focus on high-power licensed spectrum.