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Changed FCC Leadership to Bring Similar Priorities, Different Paths, Incompas Hears

A Republican- or Democratic-controlled FCC will continue to focus on issues like the digital divide and 5G deployment, but expect differences in approaches and priorities, said Kelley Drye USF lawyers John Heitmann and Steve Augustino at the Incompas Show Monday.…

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On FCC direction next year, Heitmann said rhetoric about digital divide issues will continue, though the GOP prioritizes infrastructure issues, while Democrats prioritize affordability and accessibility via Lifeline. Augustino said more attention likely will be on broadband infrastructure spending, though Democratic presidential nominee Joe Biden's campaign has been making it more of an emphasis than President Donald Trump's. Augustino said the Republican approach to 5G focused heavily on deployment, particularly via preemption of state and local government regulation, but Democrats are less likely to focus so heavily on preemption. He said Democrats have called more for revamping FCC broadband mapping, while the GOP-led agency focused more on making do with current mapping until Congress provides the resources for a deep dive. Under a Democratic-controlled FCC, expect "a re-reclassification" of broadband, perhaps accompanied by privacy regulations, Heitmann said. Expect the agency to continue to focus heavily on robocalls and supply chain security issues, the two said. With it widely expected that Ajit Pai leaves the chairmanship soon, Augustino said Commissioner Brendan Carr seems to have the inside track to replace him in a Republican FCC, while the Democrats have a history of going with dark horse outsiders. Heitmann said Commissioner Jessica Rosenworcel or former Commissioner Mignon Clyburn seem to be the likeliest Democratic choices, and while Carr might be odds-on likeliest for Republicans, other candidates, such as a variety of Senate Commerce Committee staffers, could be in the mix. Heitmann said the next chairman isn't likely to roll back transparency initiatives Pai instituted, such as releasing draft items before commissioner meetings. "It's an irreversible trend," and a subsequent chairman would find it difficult to justify less openness, he said.