Open Commission Meeting Thursday, August 3, 2023
The Commission will consider a Notice of Inquiry that would initiate a technical inquiry into how to obtain more sophisticated knowledge of real-time non- Federal spectrum usage-- and how the Commission could take advantage of modern capabilities for doing so in a cost- effective, accurate, scalable, and actionable manner. The Notice of Inquiry would explore the potential to advance the Commission's understanding of commercial spectrum usage by leveraging new data sources, methods, and technologies such as artificial intelligence and machine learning in an increasingly congested radiofrequency environment. 2.................. Media................. Title: Updating Digital FM Radio Service (MB Docket No. 22-405). Summary: The Commission will consider an Order and Notice of Proposed Rulemaking seeking comment on proposed changes to the methodology used to determine maximum power levels for digital FM broadcast stations and to the process for authorizing digital transmissions at different power levels on the upper and lower digital sidebands.
What this rule actually says
The FCC is exploring whether AI and machine learning can help them map out how radio frequencies are actually being used in real-time across the US. This is purely an information-gathering phase—they're asking questions about technical methods, not imposing new requirements yet. They're also updating rules about how FM radio stations can broadcast on digital channels.
Who it applies to
This probably doesn't apply if you're building:
- Medical scribes, hiring assistants, or support chatbots
- Any consumer-facing AI product that doesn't involve radio transmissions or spectrum equipment
- Software-only tools (unless they control actual RF hardware)
This might be relevant if you're building:
- If you manufacture or sell spectrum monitoring devices that use AI to analyze radio frequencies
- If you operate wireless hardware (routers, cellular devices, satellites) and the FCC eventually requires you to report usage data
- If you're in the business of spectrum management or RF analysis
Jurisdictions: US-only (FCC has authority over US radio spectrum and broadcast).
Data scope: Currently limited to *radio frequency spectrum usage data*, not user data like medical records or hiring decisions.
What founders need to do
- Do nothing right now (~0 hours). This is a "Notice of Inquiry"—the FCC is asking questions, not enforcing rules. Check back in 6–12 months.
- If you control RF hardware, monitor the FCC docket (MB Docket No. 22-405 for digital FM; watch for spectrum-related inquiries). Set a calendar reminder to revisit in Q1 2024. (~30 minutes now, quarterly after).
- If you're adjacent to spectrum, join the FCC's docket comment period once it opens (they'll announce it publicly). Submitting a brief comment takes 2–4 hours if you feel affected.
- Document your AI use case in writing: what data you collect, whether it touches radio frequencies or broadcast hardware. This isn't required yet, but clarity helps if rules do land. (~1–2 hours).
- Ignore the FM radio update unless you're actually broadcasting FM stations. That's a separate, narrower rule.
Bottom line
Monitor, don't act. This regulation is in early-stage exploration and almost certainly won't impact consumer-facing AI products like medical scribes or chatbots.