Public interest groups filed in support of the FCC’s 3-2 April decision (see 2404290044) fining T-Mobile $80 million for allegedly failing to safeguard data related to customers' real-time locations. T-Mobile was also fined $12.2 million for violations by Sprint, which it later acquired. In the Telecom Act, “Congress entrusted [the FCC] with the responsibility of holding the nation’s largest telecommunications providers accountable when those carriers violate the privacy of their subscribers,” the groups said in an amicus brief. Congress intended that Section 222 "ensure that telecommunications providers would protect personal data collected from their customers, and intentionally included broad definitions and gave the Commission clear authority to interpret them as technologies evolved,” they added: “Decades later, it has become clear that one of the most sensitive categories of data that telecommunications providers collect about their customers is mobile location data.” The Electronic Privacy Information Center, the Center for Democracy & Technology, the Electronic Frontier Foundation, Privacy Rights Clearinghouse and Public Knowledge filed the brief. They urged the D.C. Circuit to "reject T-Mobile’s arguments and hold that the text and purpose of Section 222 clearly authorize the FCC orders under review.” If carriers prevail, “they will have successfully evaded virtually all means of legal accountability for violating their customers’ privacy, including data sold to bounty hunters.” Letting carriers avoid FCC authority “will mean that there is essentially no backstop to enforcing the privacy rights Congress guaranteed consumers under the Communications Act.”
U.S. Supreme Court justices peppered both sides with questions on Tuesday as the court heard McLaughlin Chiropractic Associates v. McKesson, a Telephone Consumer Protection Act case with broad implications for the FCC and other agencies. Lawyers representing TCPA defendants fear that a decision overruling the 9th U.S. Circuit Court of Appeals could mean any district court might decide whether a regulatory action is valid, leading to a bonanza for TCPA plaintiffs, who could seek alternative interpretations in different courts (see 2410170015).
FCC commissioners unanimously adopted an NPRM seeking comment on rules designed to provide more spectrum for uncrewed aircraft systems. Commissioner Anna Gomez recused herself from voting on the 450 MHz portion of the notice. The NPRM proposes changes in service rules for 650 kHz in the 450 MHz band. “In their current form, these site-based rules confine air-ground communications in the band to voice communications with aircraft traveling at high altitudes,” the NPRM said: “We propose to replace the current rigid framework with rules that embrace more flexible use of the band while minimizing the possibility for harmful interference by creating a single nationwide license.”
Eight former FCC commissioners filed an amicus brief at the U.S. Supreme Court last week urging the justices to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program. Meanwhile, likely Senate Communications Subcommittee leaders Deb Fischer, R-Neb., and Ben Ray Lujan, D-N.M., led an amicus brief with 27 other House and Senate lawmakers defending the funding mechanism.
Federated Wireless CEO Iyad Tarazi expects relative stability on spectrum issues with the change in administrations, though he noted there are always questions. In a wide-ranging interview with us, he predicted that sharing in some form will be part of the rules for the lower 3 GHz band, one of the top focuses of carriers for exclusive, licensed use. A former Sprint executive, Tarazi became CEO of Federated in 2014.
With the FCC considering an NPRM and notice of inquiry as the agency's next steps on AI, the issue of AI and robocalls will only grow in importance, experts said Thursday during an FCBA webinar. They also agreed that generative AI could yield new tools that can help curb unwanted and illegal texts and calls.
FCC Commissioner Brendan Carr slammed the FCC’s forthcoming enforcement action in response to the Salt Typhoon cyberattacks, which China's Ministry of State Security allegedly perpetrated. Industry officials note that the disagreement between Carr, who takes the FCC's helm next week, and departing Chairwoman Jessica Rosenworcel points in part to a long-standing divide between FCC Republicans and Democrats about the agency's role in cybersecurity.
WTA and a group of healthcare entities filed amicus briefs at the U.S. Supreme Court urging the court to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program. The briefs supported arguments of the FCC (see 2501090045), the telecom industry and public interest groups (see 2501100057). Consumer group Public Citizen warned of negative effects beyond the FCC if SCOTUS upholds the 5th Circuit decision. Consumers' Research challenged the contribution factor in the 5th Circuit and other courts.
President-elect Donald Trump’s proposed Department of Government Efficiency may struggle to make the deep cuts in the federal workforce it seeks, experts said during a discussion at the University of Virginia’s Miller Center of Public Affairs late Monday. Moreover, Trump would face legal challenges implementing Schedule F, which would strip federal employees of civil service protections and facilitate replacing them with Trump loyalists, they said (see 2407110054).
President Joe Biden on Tuesday signed an executive order aimed at fast-tracking the buildout of large-scale AI infrastructure in the U.S. Meanwhile, during an Analysys Mason webinar, industry officials said the telecom industry remains in the very early stages of figuring out how it will use AI.