The full federal government got back to work Monday, after a prolonged partial shutdown that shuttered the FCC, FTC, NTIA and other agencies overseeing communications policy. Incoming FCC Commissioner Geoffrey Starks will be sworn in Wednesday by Chairman Ajit Pai in an eighth-floor conference room and will participate in the commissioners’ meeting that follows, said industry officials. President Donald Trump signed off Friday on a continuing resolution to reopen the FCC and other shuttered agencies through Feb. 15, after the House passed the measure as expected (see 1901240016).

NAB warned that spectrum sharing often isn’t easy, commenting (see 1901230028) to NTIA on the national spectrum plan, as other groups filed last week despite the federal shutdown. “Widespread successful spectrum sharing involving sensitive information is likely to require a third party, trusted by all involved spectrum users, to act as a frequency coordinator,” NAB said. “All spectrum users involved in a sharing arrangement will need to have real-time communication with the trusted third party to provide up-to-the minute information on operating conditions and to facilitate interference reporting.” This third party must also have “enforcement capability to alter the sharing parties’ operating conditions to mitigate or avoid interference, and to shut down interference sources if necessary,” NAB said. The Telecommunications Industry Association said spectrum policies must be predictable, flexible and efficient, protecting those with superior rights. “Good spectrum policy decisions need to be made on a band-by-band basis, depending on the particular propagation characteristics of a band, existing service allocations, and existing incumbent services within a band,” TIA said. “While spectrum sharing approaches and technologies are increasingly becoming available, the existence of either should not, by itself, justify regulatory action to implement a sharing system.” APCO noted that "public safety communications systems are designed for the worst-case, highest-use scenario and therefore may require a much greater surge capacity.” Declare "spectrum is the quickest and most cost-effective way to provide access to broadband services to rural areas that lack access or choice,” the Wireless ISP Association asked. NTIA “should consider the growing socioeconomic benefits of unlicensed spectrum use cases," like Wi-Fi, the Wi-Fi Alliance said. “This includes promoting shared spectrum access among Federal and unlicensed spectrum users.” Satellite operators need long-term access to spectrum, the Satellite Industry Association said. “Due to the long lead time to design, construct, and deploy satellite networks, satellite operators must obtain funding and spectrum rights years in advance of launch.”

Facebook's plan to integrate messaging services WhatsApp, Instagram and Facebook Messenger raises privacy concerns, Sen. Ed Markey, D-Mass., said Friday. “We need more than mere assurances from the company that this move will not come at the expense of users’ data privacy and security,” Markey responded to reports. Emailed a Facebook spokesperson: "We're working on making more of our messaging products end-to-end encrypted and considering ways to make it easier to reach friends and family across networks ... There is a lot of discussion and debate as we begin the long process of figuring out all the details of how this will work.” The FTC should fine Facebook more than $2 billion for violations in the Cambridge Analytica breach, groups wrote Chairman Joe Simons Thursday. Electronic Privacy Information Center, Color of Change, Government Accountability Project and Open Market Institute alleged FTC Act violations. Such infractions can result in a $41,000 fine per offense, the groups wrote, and Facebook said as many as 70 million Americans were affected. “Even generously assuming that each affected person was subject to only one violation of the order, a thousand dollar fine per violation would necessitate a $70 billion fine. Our point is not to argue for a fine of this scale, but to underscore the authority the FTC possesses to impose consequential fines,” they wrote. The agency should also require Facebook to “unwind” its acquisitions of WhatsApp and Instagram, the groups said, citing failures to protect WhatsApp user data. The commission didn’t comment. Facebook declined comment on the investigation.

CTIA supports the FCC at the U.S. Court of Appeals for the D.C. Circuit in the case challenging the March wireless infrastructure order, Keetoowah Band v. FCC, No. 18-1129. “Actions in the Order serve as a long overdue recognition that its prior environmental review regulations are out of step with the manner in which modern wireless facilities are deployed,” CTIA replied (in Pacer) Friday. “The agency’s decisions in the Order are thus completely reasonable, if not required.” To get to a 5G world, “wireless carriers will need to deploy approximately 300,000 small cells in the next few years,” CTIA said, saying small cells don’t raise the same review issues as macro towers. The Natural Resources Defense Council countered that the FCC made two errors. The agency “overlooks the additional responsibilities that the National Environmental Policy Act imposes on it independent from the Commission’s obligations under the Communications Act,” NRDC said (in Pacer). "The FCC also overlooks the continuing federal role it plays in overseeing the conduct of those it licenses to provide wireless service.”

Consumer Protection Subcommittee ranking member Richard Blumenthal, Conn., and 12 other Senate Democrats raised concerns with the FTC last week about the agency's ability to effectively police “illegal robocallers and other scammers” amid the partial government shutdown. Blumenthal and Sen. Ed Markey, D-Mass., also asked the FTC last week if it needs additional resources to mitigate the shutdown's impact on its Facebook-Cambridge Analytica probe (see 1901170043). The FTC instructed telemarketers to use their existing National Do Not Call Registry lists of numbers not to call while updated rosters are unavailable, but “unscrupulous scammers may exploit this lapse to the public's detriment,” the senators wrote FTC Chairman Joe Simons. The agency has also been unable to “alert the public about the newest scam targeting those affected” by the hiatus, and several government-owned identity theft and consumer complaints websites “are unavailable” as well. The senators sought information on what information consumers should document about FTC Act and Telephone Consumer Protection Act violations and how after reopening the agency would encourage consumers to report scams that occurred during the shutdown. They asked how Congress can assist the FTC “with additional resources to address the backlog of consumer complaints” it will “likely have when funding is restored.” The FTC didn't comment. President Donald Trump reached a deal on a continuing resolution to reopen shuttered parts of the government through Feb. 15, which the Senate approved and the House was expected to concur on Friday night (see 1901240016).

Facebook's plan to integrate messaging services WhatsApp, Instagram and Facebook Messenger raises privacy concerns, Sen. Ed Markey, D-Mass., said Friday. “We need more than mere assurances from the company that this move will not come at the expense of users’ data privacy and security,” Markey responded to reports. Emailed a Facebook spokesperson: "We're working on making more of our messaging products end-to-end encrypted and considering ways to make it easier to reach friends and family across networks ... There is a lot of discussion and debate as we begin the long process of figuring out all the details of how this will work.” The FTC should fine Facebook more than $2 billion for violations in the Cambridge Analytica breach, groups wrote Chairman Joe Simons Thursday. Electronic Privacy Information Center, Color of Change, Government Accountability Project and Open Market Institute alleged FTC Act violations. Such infractions can result in a $41,000 fine per offense, the groups wrote, and Facebook said as many as 70 million Americans were affected. “Even generously assuming that each affected person was subject to only one violation of the order, a thousand dollar fine per violation would necessitate a $70 billion fine. Our point is not to argue for a fine of this scale, but to underscore the authority the FTC possesses to impose consequential fines,” they wrote. The agency should also require Facebook to “unwind” its acquisitions of WhatsApp and Instagram, the groups said, citing failures to protect WhatsApp user data. The commission didn’t comment. Facebook declined comment on the investigation.

Consumer Protection Subcommittee ranking member Richard Blumenthal, Conn., and 12 other Senate Democrats raised concerns with the FTC last week about the agency's ability to effectively police “illegal robocallers and other scammers” amid the partial government shutdown. Blumenthal and Sen. Ed Markey, D-Mass., also asked the FTC last week if it needs additional resources to mitigate the shutdown's impact on its Facebook-Cambridge Analytica probe (see 1901170043). The FTC instructed telemarketers to use their existing National Do Not Call Registry lists of numbers not to call while updated rosters are unavailable, but “unscrupulous scammers may exploit this lapse to the public's detriment,” the senators wrote FTC Chairman Joe Simons. The agency has also been unable to “alert the public about the newest scam targeting those affected” by the hiatus, and several government-owned identity theft and consumer complaints websites “are unavailable” as well. The senators sought information on what information consumers should document about FTC Act and Telephone Consumer Protection Act violations and how after reopening the agency would encourage consumers to report scams that occurred during the shutdown. They asked how Congress can assist the FTC “with additional resources to address the backlog of consumer complaints” it will “likely have when funding is restored.” The FTC didn't comment. President Donald Trump reached a deal on a continuing resolution to reopen shuttered parts of the government through Feb. 15, which the Senate approved and the House was expected to concur on Friday night (see 1901240016).

Facebook's plan to integrate messaging services WhatsApp, Instagram and Facebook Messenger raises privacy concerns, Sen. Ed Markey, D-Mass., said Friday. “We need more than mere assurances from the company that this move will not come at the expense of users’ data privacy and security,” Markey responded to reports. Emailed a Facebook spokesperson: "We're working on making more of our messaging products end-to-end encrypted and considering ways to make it easier to reach friends and family across networks ... There is a lot of discussion and debate as we begin the long process of figuring out all the details of how this will work.” The FTC should fine Facebook more than $2 billion for violations in the Cambridge Analytica breach, groups wrote Chairman Joe Simons Thursday. Electronic Privacy Information Center, Color of Change, Government Accountability Project and Open Market Institute alleged FTC Act violations. Such infractions can result in a $41,000 fine per offense, the groups wrote, and Facebook said as many as 70 million Americans were affected. “Even generously assuming that each affected person was subject to only one violation of the order, a thousand dollar fine per violation would necessitate a $70 billion fine. Our point is not to argue for a fine of this scale, but to underscore the authority the FTC possesses to impose consequential fines,” they wrote. The agency should also require Facebook to “unwind” its acquisitions of WhatsApp and Instagram, the groups said, citing failures to protect WhatsApp user data. The commission didn’t comment. Facebook declined comment on the investigation.

NAB warned that spectrum sharing often isn’t easy, commenting (see 1901230028) to NTIA on the national spectrum plan, as other groups filed last week despite the federal shutdown. “Widespread successful spectrum sharing involving sensitive information is likely to require a third party, trusted by all involved spectrum users, to act as a frequency coordinator,” NAB said. “All spectrum users involved in a sharing arrangement will need to have real-time communication with the trusted third party to provide up-to-the minute information on operating conditions and to facilitate interference reporting.” This third party must also have “enforcement capability to alter the sharing parties’ operating conditions to mitigate or avoid interference, and to shut down interference sources if necessary,” NAB said. The Telecommunications Industry Association said spectrum policies must be predictable, flexible and efficient, protecting those with superior rights. “Good spectrum policy decisions need to be made on a band-by-band basis, depending on the particular propagation characteristics of a band, existing service allocations, and existing incumbent services within a band,” TIA said. “While spectrum sharing approaches and technologies are increasingly becoming available, the existence of either should not, by itself, justify regulatory action to implement a sharing system.” APCO noted that "public safety communications systems are designed for the worst-case, highest-use scenario and therefore may require a much greater surge capacity.” Declare "spectrum is the quickest and most cost-effective way to provide access to broadband services to rural areas that lack access or choice,” the Wireless ISP Association asked. NTIA “should consider the growing socioeconomic benefits of unlicensed spectrum use cases," like Wi-Fi, the Wi-Fi Alliance said. “This includes promoting shared spectrum access among Federal and unlicensed spectrum users.” Satellite operators need long-term access to spectrum, the Satellite Industry Association said. “Due to the long lead time to design, construct, and deploy satellite networks, satellite operators must obtain funding and spectrum rights years in advance of launch.”

A House bill that would limit the ability of the president to unilaterally raise tariffs or block imports without congressional approval was reintroduced by Rep. Warren Davidson, R-Ohio, and 10 co-sponsors, including prominent members of the Freedom Caucus. Davidson calls the bill the Global Trade Accountability Act, and he first introduced it in March 2018. Its likelihood of becoming law is slim, because Senate Majority Leader Mitch McConnell, R-Ky., has repeatedly said he will not bring forward bills he expects the president would veto.