The Federal Communications Commission: Selected Issues Under Consideration

The Federal Communications Commission (FCC) is set to begin or complete proceedings on a range of policy topics of ongoing interest to Congress in 2022: broadband data and mapping; fifth-generation (5G) wireless technologies; net neutrality; the Quadrennial Media Ownership Review; broadband labels; robocall rules enforcement; and public safety. Issues highlighted in this report were selected because of the ongoing congressional interest as subjects of recent legislation and hearings. The FCC is currently composed of two Democratic and two Republican commissioners, with Democratic appointee Jessica Rosenworcel serving as Chairwoman. President Joe Biden’s nominee for the fifth commissioner, Gigi Sohn, awaits Senate confirmation. Due to the absence of a fifth commissioner who could potentially be a tie-breaking vote, some issues will likely not be considered at this time. For example, while Chairwoman Rosenworcel has supported reinstating the Commission’s 2015 net neutrality rules, without a political majority, such action could be unlikely. Broadband Data and Mapping The FCC’s current nationwide broadband availability map has been criticized by some for poor data granularity and overstating availability. Pursuant to the Broadband Deployment Accuracy and Technological Availability Act (P.L. 116-130), the FCC changed how it collects and verifies broadband data to generate an improved map. Data collection concludes September 1, 2022; the FCC has not stated when a new map may be released. Fifth-Generation Wireless Technologies The FCC is actively addressing 5G wireless equipment and services. It is allocating and auctioning radio spectrum for 5G service; enhancing spectrum coordination with the National Telecommunications and Information Administration; addressing potential spectrum interference issues, especially those that affect federal agency operations; and implementing national security measures to ensure the security of telecommunications networks, specifically targeting the use of Chinese equipment in domestic networks. Net Neutrality Net neutrality, the policy that required internet service providers to offer equal and nondiscriminatory access to online content, was adopted by the FCC during the Obama Administration in 2015 and repealed by the FCC during the Trump Administration in 2017. The FCC may take up the issue again, possibly pending the confirmation of a fifth commissioner or another composition of FCC commissioners who could reach a majority vote. Quadrennial Media Ownership Review The Telecommunications Act of 1996 (P.L. 104-104) requires the FCC to review its media ownership rules every four years and determine whether they “are necessary in the public interest as the result of competition.” In December 2018, the FCC began its Quadrennial Review of media ownership rules, but paused proceedings after a legal challenge. The U.S. Supreme Court unanimously upheld the FCC’s rules in June 2021, and the FCC restarted its review. Broadband Labels In January 2022, the FCC adopted a rulemaking proceeding to create new broadband labels, which would require, among other things, that internet service providers display labels at the point of sale to disclose information about prices, introductory rates, data allowances, broadband speeds, and management practices. The goal of the updated labels is to “make sure consumers know what they’re paying for” and “increase incentives for carriers to compete on price and service.” Robocall Rules Enforcement Robocalls are the top consumer complaint received by the FCC. In response to an FCC mandate, the telecommunications industry developed and has largely implemented a framework known as “STIR/SHAKEN” to enable carriers to identify and verify callers. This led to a decrease in robocalls originating domestically, but did not impact robocalls originating overseas that spoof U.S. phone numbers. The FCC has proposed rules to require “gateway” carriers, the point of entry for foreign calls into the United States, to implement STIR/SHAKEN. Public Safety The FCC is currently involved in three major public safety initiatives: the 9-8-8 Suicide Prevention Line that is launched on July 16, 2022; improving the accuracy and reliability of nationwide wireless emergency alerts to cell phones; and improving the geolocation of 9-1-1 calls.