Senior Fellow Andrew Long blogged about the DirecTV/Dish Network deal for the Free State Foundation (see 2409300009).

Gov. Gavin Newsom (D) vetoed a controversial AI bill (SB-1047) that would have required large AI developers and those providing computing power to train AI models to implement protections preventing critical harms. “By focusing only on the most expensive and large-scale models, SB 1047 establishes a regulatory framework that could give the public a false sense of security about controlling this fast-moving technology,” wrote Newsom in his veto message Sunday. “Smaller, specialized models may emerge as equally or even more dangerous than the models targeted by SB 1047 -- at the potential expense of curtailing the very innovation that fuels advancement in favor of the public good.” The bill’s sponsor, Sen. Scott Wiener (D), responded on X: “This veto is a setback for everyone who believes in oversight of massive corporations that are making critical decisions that affect the safety and welfare of the public and the future of the planet.” Voluntary commitments aren’t enforceable, added Wiener. The bill, which was opposed by tech associations including CTA, the Computer & Communications Industry Association (CCIA) and the Software & Information Industry Association, could have had some indirect effects on the telecom industry (see 2409060039). Newsom signed several other bills on AI (see 2409190056). CCIA State Policy Director Khara Boender applauded Newsom "for vetoing this heavy-handed and misguided AI legislation that would have far-reaching effects, likely to impact the broader tech ecosystem, including startups."

Consumers' Research asked the 5th U.S. Circuit Court of Appeals to reverse the FCC's Universal Service Fund contribution factor for Q4 of FY 2024 (see 2409130054). In a filing posted Thursday (docket 24-60494), the group repeated its claim that USF contributions are illegal taxes that the Universal Service Administrative Co. collects and "should be rejected."

The FCC will take on two consumer issues at the commissioners' Oct. 17 open meeting: the georouting of calls to the 988 Suicide & Crisis Lifeline and rules requiring all wireless handsets to be hearing-aid compatible, FCC Chairwoman Jessica Rosenworcel said Wednesday. The meeting is the last before the Nov. 5 elections. Drafts will be posted on Thursday. A draft order would require all U.S. wireless carriers to implement georouting within 30 days of the effective date of the rule for nationwide providers and 24 months after the effective date for smaller ones, said a news release. Telecom trade groups have asserted carriers are voluntarily implementing 988 georouting and the agency doesn't need to mandate it (see 2407300050). The release refers to two carriers, which the FCC confirms are Verizon and T-Mobile. “Last week, our country’s largest wireless carriers began phasing out the old system of routing 988 calls, which was based on the area code and prefix of your phone number, regardless of your actual location,” Rosenworcel said: “They are replacing it with a system that uses so-called ‘georouting’ technology to make sure wireless 988 callers are connected with counselors in their local community.” Some 80% of calls to the 988 Lifeline "are done through wireless phones, and many people have phone numbers with different area codes from where they live, work or visit,” said Ulf Ewaldsson, T-Mobile president-technology. “Georouting ensures that those seeking help will reach the available crisis center nearest their location for support. It’s about making sure help is there when and where it’s needed most.” The FCC sought comment in a December NPRM (see 2312130019) on how to implement a 100% HAC standard. While the wireless industry largely supported recommendations in the NPRM, groups representing the deaf and hard of hearing urged tweaks (see 2402270066). “We’re making smartphones more accessible to consumers with hearing loss,” Rosenworcel said. “After a reasonable phase-in period, the 48 million Americans with hearing loss will be able to choose among that same mobile phone models that are available to all consumers,” she said. Commissioners will also consider an adjudicatory matter from the Media Bureau. Such items are released at the meeting after they are approved.

The Commerce Department is proposing that no Chinese or Russian software or hardware be imported that enables cars to use GPS or connect to cellphones or other external communication facilitators. Such imports pose security risks, the government believes. Stakeholders have until Oct. 28 to comment on the proposal, which, according to a call with reporters, will be finalized before President Joe Biden leaves office. The prohibition covers telematics control units, Bluetooth, cellular, satellite and Wi-Fi modules and advanced battery management, as well as components that allow driverless operation of a vehicle, said a White House fact sheet Monday. In addition, the proposal covers cars, motorcycles, trucks, including class 8 commercial trucks, RVs and buses, but not agricultural or mining equipment. The bans don't take effect immediately -- the one for software would begin with model year 2027 equipment, and the ban on hardware would begin in model year 2030, or Jan. 1, 2029, for vehicles that lack model years.

Former President Donald Trump appeared again to threaten ABC's “license.” In an interview on Fox News after a campaign rally on Saturday, the Republican presidential nominee was asked about his ABC News debate earlier in the month with Vice President Kamala Harris, the Democrats' presidential nominee. Trump said the moderators were unfairly biased against him and that ABC should be investigated. “And, you know, they have to get a license from the federal government,” Trump added. Programming networks aren’t licensed by the FCC; individual broadcast stations are. Previously, Trump called for ABC to lose its “license” immediately after the debate with Harris and issued similar threats against NBC, CNN and other outlets earlier in his campaign and as a sitting president. In letters to Congress last week (see 2409190063), FCC Chairwoman Jessica Rosenworcel said the agency “does not revoke licenses for broadcast stations simply because a political candidate disagrees with or dislikes content or coverage.” ABC didn't comment.

An FCC order lowering per minute rate caps for audio calls and establishing interim rate caps on video calls for incarcerated people takes effect Nov. 19, said a notice in Friday's Federal Register. The agency also wants comments by Oct. 21, replies by Nov. 19, in docket 23-62 on a related Further NPRM seeking comment on permanent video rate caps for incarcerated people's communications services. Commissioners adopted the item in July and released part of the order last month (see 2407180039). Several groups filed challenges to the partially released order (see 2409190061).

The U.S. Court of Appeals for the D.C. Circuit will decide, without oral argument, a case alleging that the FCC has an “affirmative legal obligation” under Sections 552 and 553 of the Administrative Procedure Act “to make its proposed and final rules readily available to the public without charge,” despite the process known as incorporation by reference (IBR), the court said Friday (docket 23-1311). IFixit, Public Resource and Make Community brought the challenge (see 2406050031). They charged that the FCC violated the APA when the commission failed to provide proper notice and comment protocol as it amended rules incorporating four equipment-testing standards (see 2311090002). “When IBR was adopted in the pre-Internet era, its purpose was to save the cost of reproducing in the Federal Register what are often voluminous technical standards that have been adopted by federal agencies as substantive rules, and hence are the law, apparently on the assumption that most of those who needed the standards already had access to them,” plaintiffs said in a June reply brief (see 2406050031): “Now that the FCC and every federal agency has a website on which they can, and do, post all of their rules not subject to IBR, there is no longer a cost justification rationale for IBR.” The court decided on its own motion, that oral argument will not assist … in this case,” the order said. “Accordingly, the court will dispose of the petition for review without oral argument on the basis of the appendix submitted by the parties and the presentations in the briefs.”

The U.S. Judicial Panel on Multidistrict Litigation randomly selected the 1st U.S. Circuit Court of Appeals to hear multiple pending petitions for review of an FCC order on incarcerated people's communications services, said an order Thursday. The petitions challenged various parts of the partially published order in the 1st, 3rd, 5th and 9th circuits (see 2408230012).

Scott Jordan, FCC chief technologist when the commission approved the 2015 net neutrality rules, defended the latest version in an amicus brief filed Tuesday at the 6th U.S. Circuit Court of Appeals in docket 24-7000. Petitioners “consistently conflate” three different kinds of internet access service -- dial-up, cable modem and broadband, Jordan said: “Petitioners use this conflation as the basis for their assertions that all forms of Internet access service were classified as information services prior to 2015. These assertions are incorrect as a matter of fact.” Now a computer science professor at the University of California, Irvine, Jordan was an advocate of the 2023 rules (see 2404160055). Capabilities listed in the definition of information service aren't offered by broadband internet access service, Jordan said. “They are offered by applications (information services) that utilize broadband Internet access service to transmit and receive data.” Jordan drew a comparison with the era when Netflix offered movies on DVD, sent through the mail. “Petitioners’ analogies would have the Court believe that not only was Netflix an information service, but that the US Postal Service was also an information service, and that the US Postal Service offered movies ‘in conjunction with’ Netflix.”