Appeals Court Affirms FCC’s Spectrum Authority, FTC Privacy Rulemaking, (Root) Beer and Broadband

The Federal Communications Commission’s reallocation of intelligent transportation service spectrum was not arbitrary and capricious, the court held.

Appeals Court Affirms FCC’s Spectrum Authority, FTC Privacy Rulemaking, (Root) Beer and Broadband
Photo of Sen. Josh Hawley taken 2022 by Gage Skidmore

August 12, 2022 – The D.C. Circuit Court of Appeals on Friday affirmed the the Federal Communications Commission’s authority to reclassify radio frequency spectrum and make more of the 5.9 GigaHertz band available for broadband communication.

In 2020, the Federal Communications Commission reallocated a part of the radio spectrum from use by intelligent transportation systems to use by unlicensed transmission devices such as Wi-Fi routers.

In a unanimous running by a three-judge panel, Judge Justin R. Walker wrote: “Several groups that want to retain their old use of the reallocated spectrum argue that the FCC’s reallocation was arbitrary and capricious. It was not.”

In the relatively brief 15-page decision in ITS America v. FCC, the court upheld the FCC’s manner of changing a band’s usage.

In 1999, the FCC gave the auto industry 75 MHz of spectrum exclusively for “Dedicated Short-Range Communications” for the purpose of improving public safety. After more than 20 years of waiting for the industry to deploy DSRC, in 2020 the FCC approved an Order to phase out DSRC and replace it with a new, more efficient technology called Cellular Vehicle-to-Everything.

Supporters of the FCC, including non-profit groups like Public Knowledge, argued that 30 MHz of spectrum the auto industry retained is more than sufficient for collision avoidance and safety purposes. Rather than allowing the auto industry to retain excess spectrum for commercial uses such as location-based advertising, the FCC repurposed the lower 45 MHz for unlicensed use which will enable next-generation Wi-FI.

“By reaffirming the FCC’s decision, the D.C. Circuit will ensure that our airwaves are being put to their best and most efficient use,” said Kathleen Burke, policy counsel at Public Knowledge.

FTC opens process to consider new privacy rules

The Federal Trade Commission on Thursday announced proposals to go after businesses that collect and analyze personal-based information, and that don’t deploy the strong forms of data security.

“Firms now collect personal data on individuals at a massive scale and in a stunning array of contexts,” said FTC Chair Lina Khan. “The growing digitization of our economy—coupled with business models that can incentivize endless hoovering up of sensitive user data and a vast expansion of how this data is used—means that potentially unlawful practices may be prevalent.”

The agency’s press release went on to blast companies that “surveil consumers while they are connected to the internet – every aspect of their online activity, their family and friend networks, browsing and purchase histories, location and physical movements, and a wide range of other personal details.”

On July 20, the Senate Commerce Committee passed comprehensive privacy legislation a restricting collection and transfer of personal data of U.S. citizens without consent.

The measure has not yet passed the House, where Energy and Commerce Committee Chairman Frank Pallone, D-N.J., said in Thursday response: “I appreciate the FTC’s effort to use the tools it has to protect consumers, but Congress has a responsibility to pass comprehensive federal privacy legislation to better equip the agency, and others, to protect consumers to the greatest extent.

“Ultimately, the American Data Privacy and Protection Act is necessary to establish comprehensive national statutory privacy protections for all Americans and I’m committed to getting it passed and signed into law.”

(Root) Beer and Broadband episode features Broadband Breakfast’s Drew Clark

Bonfire Engineering and Construction on Thursday released a new episode of its “Beer and Broadband” podcast.

Check out our latest Beer & Broadband episode on how data & policy impacts broadband expansion. Hear from:
🎙️Drew Clark – Editor & Publisher of @BroadbandCensus
🎙️Russ Elliott – CEO of Siskiyou Telephone
🎙️Megan Beresford – Director at @LDAGrantshttps://t.co/wxV2bPfs7t

— Bonfire Infrastructure Group (@ourbonfirespark) August 11, 2022

Featuring Drew Clark, editor and publisher of Broadband Breakfast, Russ Elliott, CEO of Siskiyou Telephone, and Megan Beresford of LDAGrants, the episode focused on “How Data & Policy Impacts Broadband Expansion.”

Nick Dinsmoor and Brian Hollister of Bonfire, hosts of the informal program, structured the roundtable series as a way to bring together leaders in the broadband and infrastructure space to share their thoughts without egos, agendas, or selling.