Federal Communications Commission (FCC)

Congressional Republicans have remained relatively quiet about the FCC’s draft net neutrality order since Chairwoman Jessica Rosenworcel released it earlier this month (see 2404030043) but are likely to become more active in opposition when the commission adopts it as expected next week, lawmakers and observers said in interviews. Congressional Democrats have been comparatively active since the draft’s release, including sending Rosenworcel suggestions aimed at preventing loopholes that ISPs could use to circumvent regulation. Congressional Democrats highlighted that divergence in style Thursday by bringing Rosenworcel to Capitol Hill for a news conference that amounted to a preemptive victory lap ahead of the FCC’s April 25 vote on the order.

Florida will join other states that designate mobile phone providers as eligible telecom carriers (ETCs) for the federal Lifeline program. Also, the state will extend a pole attachments promotion that lets ISPs pay $1 a year per wireline attachment per pole to bring broadband to unserved or underserved areas in municipal electric utility service territories. Gov. Ron DeSantis (R) signed the wireless ETC (SB-478) and pole-attachments (HB-1147) bills on Monday. The bills became law Tuesday. Under SB-478, Florida will transfer wireless ETC designation powers from the FCC to the Florida Public Service Commission (see 2403050070). Meanwhile, HB-1148 will extend the pole-attachment promo until Dec. 31, 2028. It would have expired July 1 this year. Other state broadband bills also advanced this week. The Louisiana House voted 101-0 to pass a bill (HB-700) updating rules for the state’s Granting Unserved Municipalities Broadband Opportunities program. The bill addresses data reporting, award distributions, penalties and unobligated funds. It will go to the Senate. In Colorado, the Senate voted 31-1 to pass a bill (HB-1234) to indefinitely prolong the state’s high-cost support mechanism, which provides subsidies to a dozen rural telecom providers and is scheduled to sunset Sept. 1. The Appropriations Committee advanced the bill unanimously on Friday (see 2404120013). The House previously passed the bill but would have to agree with Senate changes before HB-1234 can go to Gov. Jared Polis (D). On Tuesday, the Vermont House passed a bill (S-199) updating merger rules for communications union districts (CUDs), groups of two or more municipalities that build infrastructure in rural parts of the state. The Senate passed the bill Feb. 28, but it still needs gubernatorial OK.

Possibly facing the end of the federal affordable connectivity program (ACP), the California Public Utilities Commission should quickly modify grant rules to ensure service stays affordable, said The Utility Reform Network in petitions Friday and Monday. “We don’t have the luxury of time here,” said TURN Telecom Policy Analyst Leo Fitzpatrick in an interview Monday. The state cable association slammed TURN’s proposals. But the California Emerging Technology Fund (CETF), a group that has led efforts to sign up low-income Californians for ACP, supports having “another opportunity to discuss the imperative for California to have a back-up plan to replace the” federal program, said CEO Sunne Wright McPeak in an email Monday.

The net neutrality draft order on the FCC's April 25 open meeting agenda (see 2404030043) will face much the same legal arguments as the 2015 net neutrality order did, with many of the same parties involved, we're told by legal experts and net neutrality watchers.

Some Democrats warned they might join Republicans opposing a California digital equity bill when it reaches the Assembly floor. At a livestreamed hearing Wednesday, the Assembly Communications Committee voted 7-3, with one member not voting, to advance AB-2239 to the Judiciary Committee. The bill would codify in state law the FCC’s definition of digital discrimination (see 2402080068).

House Communications Subcommittee Chairman Bob Latta (Ohio) and Health Subcommittee Chairman Brett Guthrie (Ky.) are highlighting reaching a deal on an expansive spectrum legislative package as a top communications policy priority if they succeed retiring Commerce Committee Chair Cathy McMorris Rodgers (Wash.) as the panel's lead Republican in the next Congress. Both contenders separately told us their spectrum focus wouldn’t waver if Rodgers and other congressional leaders reach a deal this year that restores the FCC’s lapsed auction authority and other airwaves-related priorities. Talks on spectrum legislation have largely stalled since early 2023, but Senate Commerce Committee Chair Maria Cantwell, D-Wash., and others are shopping new proposals (see 2403210063).

Multichannel video programming distributors (MVPDs) redoubled their arguments against a proposed requirement that gives subscribers a rebate when a retransmission consent talk impasse results in a blackout. Arguments were made in reply comments filed in docket 24-20 this week. Initial comments were in March (see 2403110057). Localities and broadcasters jabbed at MVPD contentions. Also, broadcasters and MVPDs are at odds over a proposed blackout reporting mandate (see 2402270044).

Commenters disagreed sharply on what mechanisms the FCC should use to make available unassigned licenses in its inventory absent general auction authority. Comments were posted Tuesday in docket 24-72. The FCC sought comment in March on the first anniversary of the expiration of its general auction authority (see 2403070062). Wireless carriers said grants of special temporary authority (STA) are the best alternative. Unlicensed advocates hailed the benefits of dynamic spectrum sharing.

Some Minnesota lawmakers want to craft a net neutrality law even as the FCC prepares to vote on restoring federal open-internet rules. At a Tuesday meeting, the legislature’s Senate Commerce Committee laid over a bill (SF-3711) banning state contracts with companies that violate open-internet rules. While the action indefinitely postponed further Senate action on the measure, the proposal remains part of a pending House Commerce Committee omnibus (HF-4077). Also at the Senate Commerce hearing, members postponed action on a social media bill and advanced legislation meant to stop copper theft.

The FCC will take a series of steps to reestablish the commission's net neutrality framework and reclassify broadband internet access service (BIAS) as a Communications Act Title II telecom service in a declaratory ruling and order (see 2404030043). A draft of the items to be considered during the agency's April meeting, released Thursday, would establish "broad" and "tailored" forbearance for ISPs. The draft doesn’t make a final determination on how network slicing should be treated under the rules.