President-elect Joe Biden is set to name Rhode Island Gov. Gina Raimondo (D) as his pick for commerce secretary and longtime aide Don Graves as deputy secretary, lobbyists told us. The Biden transition team didn’t comment. During Raimondo’s administration, Rhode Island has been one of four states that continued to divert 911 fees, despite FCC admonitions (see 2001070025). She signed a 2018 executive order restricting state contracts to ISPs that follow net neutrality principles (see 1805070029). Biden also nominated U.S. Court of Appeals for the D.C. Circuit Judge Merrick Garland as his pick for attorney general (see 2101040070). Garland has been involved in some of the D.C. Circuit’s high-profile telecom and tech cases, including the Tri-County Telephone Association’s challenge against the FCC’s nearly $1 billion USF telecom rebuild program for Puerto Rico and the U.S. Virgin Islands (see 2010150042).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
Democrats’ apparent victories in runoffs for Georgia’s Senate seats likely smooth the way for the party to gain a majority on the FCC later this year and take Democrats' preferred course of action on net neutrality and other top-tier matters, officials and lobbyists said in interviews. The leads in both the two contests, if they hold, would leave the Senate split 50-50. Democrats would gain a majority after Jan. 20 with Vice President-elect Kamala Harris breaking ties. The FCC will be tied 2-2 once Chairman Ajit Pai leaves, raising questions about what the commission can get done before the Senate confirms President-elect Joe Biden’s eventual nominee to a third Democratic seat (see 2012090063).
President Donald Trump railed against what he sees as GOP resistance to outright repeal of Communications Decency Act Section 230. “I've been telling these Republicans get rid of Section 230 and for some reason [Senate Majority Leader Mitch McConnell of Kentucky] and the group don't want to put it in there,” Trump said during a rally near the White House Wednesday, in support of his unfounded claims that he won reelection over Democratic President-elect Joe Biden. There were also protests at the Capitol amid Congress’ debate over certifying the election results that Biden won with 306 electoral votes to Trump’s 232. FCC Chairman Ajit Pai and Republican Commissioner Brendan Carr were among those condemning protesters who stormed the Capitol (see 2101060054). Major tech companies and social media platforms “shadow ban you and it should be illegal,” Trump said. Republicans who resist Section 230 repeal “don't realize that's going to be the end of the Republican Party as we know it.” Pai hasn't advanced the FCC 230 proceeding (see 2101050060). Trump in waning days of last Congress continued pushing for Section 230 repeal, which McConnell eventually tied into a push for increased COVID-19 stimulus payments (see 2012290049).
The combined FY 2021 appropriations and COVID-19 aid omnibus bill (HR-133) that Congress passed Monday got further praise from lawmakers and other observers Monday and Tuesday for its broadband funding and other telecom and tech policy provisions (see 2012210055). HR-133’s approval got a far more mixed reception from within the copyright community because it includes text from the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273) and Protecting Lawful Streaming Act. Both chambers passed HR-133 by overwhelming margins, sending the measure to President Donald Trump.
Both houses of Congress were expected to vote Monday night on the combined FY 2021 appropriations and COVID-19 aid omnibus bill (HR-133), after Hill leaders reached a deal on the measure, which includes $6.82 billion for broadband and a raft of other tech and telecom policy provisions. HR-133 also includes increases in annual funding for the FCC, FTC, NTIA and other agencies compared with FY 2020. The Senate was, meanwhile, set to hold a revote on invoking cloture on FCC inspector general nominee Chase Johnson after failing a first try Saturday.
President-elect Joe Biden's transition ethics rules governing the FCC, FTC and other agency review teams are relatively weak, some observers said in recent interviews. They pointed to the rules' relatively lax limits on "revolving door" movement of industry officials into the temporary roles that could influence the incoming administration's actions. The landing teams have been working with the FCC, FTC (see 2011250059) and other agencies since late November, when the General Services Administration began allowing the federal government to begin the transition process.
Telecom policy observers are awaiting a final decision on House Commerce Committee Republicans’ leadership and membership roster after Democrats selected five members Thursday to join the committee’s ranks next Congress. Selected by the Democratic Steering and Policy Committee are: Angie Craig of Minnesota, Lizzie Fletcher of Texas, Kathleen Rice of New York, Kim Schrier of Washington and Lori Trahan of Massachusetts. Four House Commerce Democrats and six Republicans chose not to seek reelection this year, including ranking member Greg Walden, R-Ore.
President-elect Joe Biden said Thursday his incoming administration “will make cybersecurity a top priority at every level of government,” after Russian government-sponsored hackers breached several federal government agencies, including the departments of Agriculture, Commerce and Homeland Security. The House Homeland Security and Oversight committees launched an investigation into the breach, in which hackers penetrated federal cyber defenses via vulnerabilities in SolarWinds Orion software used for network management systems. DHS’ Cybersecurity and Infrastructure Security Agency directed all agencies to disconnect the software.
Tech and communications interests were closely monitoring Tuesday talks on a FY 2021 appropriations omnibus package and COVID-19 aid legislation, since they're potential vehicles for a range of telecom policy proposals. Lawmakers have until Friday to reach a deal on omnibus spending; a continuing resolution to fund the federal government expires that evening (see 2012110054).
The National Sheriffs’ Association, International Association of Fire Chiefs and other public safety groups asked President-elect Joe Biden to name Commissioner Jessica Rosenworcel as permanent FCC chair. The National Education Association and Sen. Richard Blumenthal, D-Conn., also back Rosenworcel (see 2012090063). There are several possible contenders to be Biden’s pick to lead the FCC (see 2011160048). Rosenworcel “has distinguished herself as someone who clearly understands the needs of public safety and has worked effectively with us for many years, while at the same time has balanced the needs of other stakeholders,” said the IAFC, NSA and other groups in a letter to Biden that we obtained. “First responder communications are critical for all successful emergency operations,” which means “the person chosen to become the FCC Chairperson is very consequential to the public safety community.” The Major County Sheriffs of America, the Metropolitan Fire Chiefs Association and the National Association of State EMS Officials also signed the letter.