The FCC and FTC have begun working with President-elect Joe Biden’s transition review teams, the agencies confirmed. The moves, weeks after news agencies declared that Biden defeated President Donald Trump, follow General Services Administration head Emily Murphy’s Monday decision to allow federal agencies to begin the transition process. The FCC and Biden’s review team for the commission “have made contact,” and the commission “will fully cooperate in the transition process,” a spokesperson emailed. Michael Carowitz, special counsel to FCC Chairman Ajit Pai, is “running point on the transition for the Chairman’s Office." Carowitz was previously acting Enforcement Bureau chief and Consumer and Governmental Affairs Bureau deputy chief. Biden’s FCC team members are House Judiciary Committee Senior Counselor John Williams; former Commissioner Mignon Clyburn; DLA Piper’s Smitty Smith, a former FCC and NTIA staffer; and Paul de Sa, former FCC official and analyst (see 2011160020). FTC Chairman Joe Simons also “instructed Commissioners and staff that the transition is underway,” a spokesperson emailed. It “provides us an opportunity to show both the great work the FTC has done in the past, as well as the FTC’s commitment to continuing that work in the future.” FTC Executive Director David Robbins and Deputy Monique Fortenberry are the commission’s point people working with the Biden team. Biden’s FTC team members are former commission Deputy General Counsel Heather Hippsley, Brookings Institution’s Bill Baer and Georgetown Law Center on Privacy & Technology Associate Director Laura Moy (see 2011100061).
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
The FCC Public Safety Bureau denied ZTE’s petition for reconsideration of the bureau’s June 30 order designating the Chinese telecom equipment maker as a threat to U.S. national security. The order, which also covers Huawei, bars both companies from participating in the USF (see 2007160051). Huawei also sought reversal (see 2007310048). The FCC denied ZTE’s argument that the FY 2019 National Defense Authorization Act and the Secure and Trusted Communications Networks Act (HR-4998) limit “authority to implement a prohibition on USF support for ZTE equipment. ZTE has previously raised this argument and we find no grounds on which to reconsider it here.” The company “does not dispute critical facts underlying” the ban, “and those uncontroverted facts, standing alone, are enough to sustain” it, the bureau said. It reviewed “the totality of the evidence, which included legal and political analysis from Congress and the Executive Branch, Chinese law experts, as well as evidence of security threats provided by allied intelligence services and outside cybersecurity experts.” The bureau “determined that either directly [through] the application of the Chinese National Intelligence Law, or indirectly through the application of political pressure, Chinese companies like ZTE are required to cooperate with intelligence agencies by providing customer information and network traffic information.” It said ZTE “has substantial ties to the Chinese government and its military” apparatus. “We continue to find that vulnerabilities and cybersecurity risks plague ZTE equipment,” the bureau said. It “also took into account ZTE’s record of knowingly violating U.S. law, obstructing U.S. investigations, and making false statements to U.S. authorities even after entering a guilty plea for violating U.S. trade sanctions.” The gearmaker didn’t comment. The denial is “another important step in our ongoing efforts to protect U.S. communications networks from security risks,” said FCC Chairman Ajit Pai. He noted plans for commissioners to vote Dec. 10 on rules (see 2011190059) to help U.S. telecom companies replace suspect network equipment proposed in HR-4998. “Now it is more vital than ever that Congress appropriate funds so that our communications networks are protected from vendors that threaten our national security,” Pai said. Lawmakers are pushing to allocate $1.6 billion-$1.8 billion (see 2009140062).
Further R&D into advanced spectrum-sharing and high-band technologies could provide opportunities to better utilize the airwaves for 5G and future generations of wireless networks, GAO reported Tuesday. It suggested lawmakers consider updates to cybersecurity and privacy laws to address the implications of 5G. Lawmakers who sought the study included leaders of the House and Senate Armed Services and Intelligence committees, House Science Committee Chairwoman Eddie Bernice Johnson, D-Texas, and Oversight Subcommittee Chairman Bill Foster, D-Ill. The Networking and Information Technology Research and Development Program’s Wireless Spectrum R&D Interagency Working Group and National Institute of Standards and Technology “identified the need for effective automation of interference detection and mediation as especially important as highly directional, active antennas become more common,” the auditor found. Policymakers could promote R&D via grants to academic and research institutions, a public-private partnership or tax credits for industry, GAO said. “For testing and development in real-world settings, new 5G test beds may be necessary, according to NIST, or it may be possible to use existing test beds.” High-band research could “help close the knowledge gaps and increase understanding of any possible health effects, including the effects of long-term exposure to high-band RF energy,” GAO said. Antenna research "could result in improved statistical modeling of antenna characteristics and the generation of data to more accurately represent signal propagation, according to NIST.” R&D generally “can be costly, must be coordinated and administered, is generally considered a long-term investment, and its potential benefits are uncertain,” the report said. “Policymakers would need to identify a new funding source for research or determine which existing funding streams to reallocate. Similarly, funding development work at new test bed facilities would involve significant costs. On the other hand, adapting existing test bed facilities would not require a significant capital outlay, but may require significant coordination.” Some R&D, cybersecurity and privacy matters involving 5G “may be addressed without any intervention from policymakers,” the auditor said: Maintaining the status quo “will likely not fully address” those issues and "may contribute to other 5G challenges,” including “national security risks.”
The Senate Commerce Committee plans to vote Dec. 2 on advancing confirmation of FCC nominee Nathan Simington to the full chamber, as expected (see 2011180064). The committee’s meeting, which will also consider Assistant Secretary of Commerce nominee Daniel Huff and NASA Chief Financial Officer nominee Greg Autry, begins at 10 a.m. in 325 Russell. Simington’s responses to senators’ written questions to follow up on his confirmation hearing earlier this month are supposed to be due Dec. 8 (see 2011100070), nearly a week after the scheduled vote. Also Tuesday, Senate Commerce member Richard Blumenthal, D-Conn., tweeted that Simington “must explain himself immediately” after media reports about emails that indicate he played a far larger role than claimed in shaping NTIA’s petition to the commission seeking a rulemaking on its interpretation of Communications Decency Act Section 230 (see 2007270070). Simington in June sought to pitch Fox News’ Laura Ingraham on pushing the FCC to grant NTIA’s petition. Now-acting NTIA Administrator Adam Candeub described Simington and Carolyn Roddy, both NTIA senior advisers, as being “instrumental in drafting” the petition. President Donald Trump’s administration at one point considered naming Roddy to the FCC seat currently held by Commissioner Mike O’Rielly, before naming Simington (see 2008130056). The emails show Simington was “an active and eager soldier in” Trump’s “attempted assault on the First Amendment” via the bid for FCC intervention on Section 230, Blumenthal said. Simington “was willing to bully the very agency he’s been nominated to join in order to do the electoral bidding of the Republican party on the taxpayer dime.” Blumenthal, who already threatened to place a hold on Simington if Senate Commerce advances his confirmation, wants the nominee to “explain himself" in his responses to follow-up questions. “I certainly hope” Simington “will be more forthcoming in his written responses than he was during” that hearing, Blumenthal said. Simington said during that panel that he played a “minor role” in work on NTIA’s Section 230 petition and wouldn’t commit to recusing himself from the FCC proceeding. Simington, NTIA and the White House didn’t comment now. Concerns about FCC independence amid the nomination “are real and important,” Electronic Frontier Foundation Senior Legislative Counsel Ernesto Falcon said Monday: The Senate “should not confirm” Simington “without asking some crucial questions about whether and how he will help ensure that the FCC does the public interest job.”
Two top Senate Republicans told us they expect language aimed at hindering Ligado’s L-band plan rollout to make it into a conference version of the FY 2021 National Defense Authorization Act currently under negotiation. What it will ultimately look like remains uncertain. The House and Senate passed NDAA versions (HR-6395/S-4049) earlier this year that included anti-Ligado provisions (see 2007200052). Iridium, National Emergency Number Association and other critics of the proposal urged leaders of the Armed Services committees to push for all Ligado language from the two versions to be kept in a combined NDAA bill.
President-elect Joe Biden’s incoming administration is likely to boost prospects for a major infrastructure spending package, supporters of increased federal broadband spending told us. They welcome that change after hopes for progress were dashed during President Donald Trump’s administration. Lawmakers in both parties are hopeful but believe questions about how to pay for the additional infrastructure will remain a major sticking point amid expectations there will still be divided control of Congress (see 2011040052).
The three Republicans vying to succeed House Commerce Committee ranking member Greg Walden of Oregon told us they intend to largely maintain his approach to telecom policymaking during the next Congress, which is expected to include more debate on net neutrality. Walden announced his retirement plans last year, sparking debate about Communications Subcommittee Republicans’ future path (see 1911260048).
Senate Commerce Committee GOP leaders are eyeing a vote to advance FCC nominee Nathan Simington to the full chamber amid likely uniform Democratic opposition and lingering uncertainties about whether there’s unanimous GOP support. FCC Republicans, meanwhile, sidestepped questions about whether they will cooperate with President-elect Joe Biden’s transition, given objections from President Donald Trump. Chairman Ajit Pai announced a national-security-heavy agenda Wednesday for commissioners' Dec. 10 meeting but avoided saying he’s acquiescing to Democrats’ calls for him to stop work on major items (see 2011180065).
Sen. Marsha Blackburn, R-Tenn., “looks forward to voting for” FCC nominee Nathan Simington, her chief of staff, Charles Flint, told us. She raised concerns in late October about his preparedness for an initial phone conversation with her (see 2011020001). President Donald Trump cited Blackburn in a tweet urging Senate Commerce Republicans to support Simington just before his Tuesday Senate Commerce confirmation hearing (see 2011100070). She has since faced pressure from other conservative organizations, including Revolver News.
Incompas CEO Chip Pickering is hopeful this Congress enacts FY 2021 funding and a COVID-19 aid bill, despite partisan rancor. Group officials told a Thursday webinar they’re monitoring whether the Senate confirms FCC nominee Nathan Simington, plus the impact of a change to a majority-Democrat commission after President-elect Joe Biden’s inauguration.