FCC

With U.S. President Trump returning to the White House, we expect the regulatory landscape facing technology and communications companies to shift significantly, if not uniformly. 

On the one hand, media and telecommunications companies that have long been regulated heavily by the FCC can likely expect a more deregulatory environment than they have experienced under the Biden Administration (with potential caveats).  On the other, large technology companies, which have largely avoided heavy-handed regulation, can expect to face a more active regulatory environment aimed at limiting or preventing content moderation decisions that the incoming Administration has characterized as “censorship” of conservative viewpoints.  Meanwhile, bipartisan priorities—such as the commitment to ensuring national security in the telecommunications sector—will likely continue to be a major focus of regulatory agencies.  While the assessments of regulatory risks and opportunities will continue to be refined and updated as the next Trump administration takes shape, we highlight here a few trends that are likely to influence policy and regulation at the FCC over the next four years.Continue Reading Likely Trends in U.S. Tech and Media Regulation Under the New Trump Administration

On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers. 

The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services resources they require to interact with their service provider in a manner that allows them to efficiently resolve issues, avoid unnecessary charges, and make informed choices regarding the services they obtain from service providers.”  The inquiry is specific to regulated cable operators, Direct Broadcast Satellite providers, voice service providers, and broadband service providers (collectively referred to as “service providers”).Continue Reading FCC to Examine Customer Service Issues in the Communications Industry

On September 26, 2024, the Federal Communications Commission (“FCC”) issued a $6 million fine against political consultant Steve Kramer for “illegal robocalls made using deepfake, AI-generated voice cloning technology and caller ID spoofing to spread election misinformation to potential New Hampshire voters prior to the state’s January primary presidential election.”   The fine follows a $1…

Continue Reading FCC Fines Political Consultant $6 Million for AI-based “Deepfake” Robocalls

On September 11, 2024, the Federal Communications Commission (the “Commission”) opened the application window for entities seeking designation by the Commission as a Cybersecurity Labeling Administrator (“CLA”) and Lead Administrator.  These roles will help administer the Commission’s voluntary Internet of Things (“IoT”) cybersecurity labeling program, covered in previous blog posts from August and March of…

Continue Reading FCC Opens Applications for IoT Cybersecurity Labeling Roles

On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service rules for UAS operations.

In a press release accompanying the Order, Chairwoman Jessica Rosenworcel said “We are already starting to live in the future we’ve long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security…The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity. We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers, and our economy.”Continue Reading FCC Adopts Initial Rules for Drone Operations

Updated September 12, 2024. Originally posted August 7, 2024.

On Wednesday, August 7, the Federal Communications Commission (FCC) approved a Notice of Proposed Rulemaking (NPRM) that would amend its rules under the Telephone Consumer Protection Act (TCPA) to incorporate new consent and disclosure requirements for the transmission of AI-generated calls and texts. The NPRM builds off the FCC’s recent Notice of Inquiry (NOI) on the effect of AI on illegal robocalls and texts, which we previously discussed here.

The NPRM seeks comment on new rules that would require a sender to clearly and conspicuously specify in its consent form that the consent extends to AI-generated calls and texts and secure the consumer’s consent for such calls and texts before they could be transmitted. The proposal also would require a sender of AI-generated content to, at the beginning of the call or text, clearly disclose to the called party that AI-generated technology is being used.Continue Reading FCC Proposes New Consent and Disclosure Rules for AI-Generated Calls and Texts

On July 30, 2024, the Federal Register published the Federal Communications Commission (the “FCC”) Report and Order (the “Order”) creating a voluntary cybersecurity labeling program for Internet of Things (“IoT”) devices.  As reported in our blog post issued shortly before the Order was approved on March 14, 2024, this program is intended to “provide consumers with an easy-to-understand and quickly recognizable FCC IoT Label that includes the U.S. Government certification mark (referred to as the U.S. Cyber Trust Mark).”  While there are several steps remaining to fully establish the program, this Order represents a significant milestone in policymakers’ efforts to launch a federal cybersecurity labeling program for internet connected devices.Continue Reading FCC Adopts Order Establishing Voluntary IoT Labeling Program

On Thursday, July 25, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) proposing new requirements for radio and television broadcasters and certain other licensees that air political ads containing content created using artificial intelligence (AI).  The NPRM was approved on a 3-2 party-line vote and comes in the wake of an announcement made by FCC Chairwoman Jessica Rosenworcel earlier this summer about the need for such requirements, which we discussed here. 

At the core of the NPRM are two proposed requirements.  First, parties subject to the rules would have to announce on-air that a political ad (whether a candidate-sponsored ad or an “issue ad” purchased by a political action committee) was created using AI.  Second, those parties would have to include a note in their online political files for political ads containing AI-generated content disclosing the use of such content.  Additional key features of the NPRM are described below.Continue Reading FCC Proposes Labeling and Disclosure Rules for AI-Generated Content in Political Ads

On July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down the Federal Universal Service Fund (USF) in Consumers’ Research et al. v. FCC.  In a 9-7 en banc decision, the majority reversed an earlier decision by a three-judge panel and held that the program created by the Federal Communications Commission (FCC) based on provisions in the 1996 Telecommunications Act constitutes an unlawful delegation of taxing power from Congress and thus violates Article I, § 1 of the Constitution.

The USF is a system for subsidizing telecommunications service to low-income households and high-cost areas by assessing telecommunications carriers; it also provides support to schools and libraries as well as rural health care facilities.  USF accomplishes this through four main mechanisms: the High-Cost Program, which provides support to certain telephone companies that serve high-cost areas; the Low Income Support Program, which subsidizes monthly telephone and broadband service for low-income customers; the E-rate Program, which subsidizes the provision of broadband connectivity and Wi-Fi to schools and libraries; and the Rural Health Care Program, which subsidizes the provision of telecommunications services to rural healthcare providers.Continue Reading Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split

Updated July 15, 2024.  Originally posted July 11, 2024.

On July 8, 2024, the Federal Communications Commission (FCC) and a group of Internet Service Providers, represented by national and regional trade associations, filed supplemental briefs with the U.S. Court of Appeals for the Sixth Circuit in In re MCP NO. 185. On July 15, the Sixth Circuit granted an administrative stay until August 15, 2024 “[t]o provide sufficient opportunity to consider the merits of the motion.”

The Sixth Circuit is considering challenges to the FCC’s Safeguarding and Securing the Open Internet Order (Open Internet Order), which reclassified broadband Internet access service as a telecommunications service under Title II of the Communications Act of 1934, as amended.  The Order was scheduled to take effect on July 22, 2024, but the ISP representatives asked for a stay.  The Sixth Circuit requested that the parties address the implications of the Supreme Court’s decision to overturn the Chevron Doctrine in Loper Bright Enterprises v. Raimondo for the petitioners’ motion to stay enforcement.Continue Reading Industry Groups and FCC File Briefs in Net Neutrality Case Following Loper Bright