Public Knowledge Suggests Changes to Receiver Draft
Public Knowledge Senior Vice President Harold Feld suggested tweaks to the receiver principles teed up for the April 20 FCC meeting (see 2303300070), in a call with an aide to Chairwoman Jessica Rosenworcel. Feld noted a footnote to the draft…
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“refers to the Commission’s Section 154(i) authority as ‘ancillary authority,’” said a filing posted Tuesday in docket 23-122: “This misstates the nature of the authority granted by Section 154(i)” which “provides direct authority to the Commission to ‘to perform any and all acts, make such rules and regulations, and issue such orders’ as necessary to fulfill its obligations” under the Communications Act. Feld said “although the Commission distinguishes between specific services and general authorizations under Part 15, the Commission may wish to note that the D.C. Circuit has held that the same standard of what constitutes ‘harmful interference’ applies to unlicensed as well as licensed services.”