Senate Homeland Security Committee member Rand Paul, R-Ky., will pressure the next nominee to lead the Department of Homeland Security about border agents demanding passwords from travelers, including U.S. citizens, to search their phones and other personal electronic devices without a warrant, his office told us last week. Paul "remains very much concerned about this policy and will press the issue with any nominee," a spokesman said. Experts told us it's important for the committee to raise concerns about the policy with next candidate, after DHS Secretary John Kelly became White House chief of staff last week, but at least one expert wasn't hopeful other members would make it a high priority.

Securus needs at least two state regulatory OKs for its sale to Platinum Equity, despite Securus CEO Richard Smith telling the FCC last week the company got OKs from all states needed. With an FCC decision expected soon, the Regulatory Commission of Alaska (RCA) said Wednesday it will decide by Dec. 11. Earlier, the California Public Utilities Commission said it couldn’t issue an order until at least its Aug. 10 meeting (see 1708010030). Securus targeted an Aug. 1 closing date and recently warned it would incur $75,000 in transaction fees on every day after Aug. 1 that the deal wasn’t closed. The Securus deal is still under review, an FCC spokesman said Thursday.

The FCC approved the challenge process for the $4.53 billion, 10-year Mobility Fund II program 3-0 Thursday, addressing an area left unsettled when the MFII order was approved in February (see 1702230042). The buildup to the order was contentious, with the Rural Wireless Association and Competitive Carriers Association pressing for changes (see 1707310063). Commissioners zipped through the discussion, glossing over disagreements. They also approved other items unanimously (see 1708030052 and the notebook section immediately below this report).

The FCC should act expeditiously on rules designed to speed up wireless siting, Competitive Carriers Association officials said in a meeting with aides to FCC Chairman Ajit Pai. “The record depicts an undisputed immediate need for updated and streamlined rules,” said a filing in docket 17-79. CCA raised concerns about fees charged by tribes for historical review of projects and site monitoring. “Tribal fees are rising, and are typically assessed before any Historic Property is suspected or found,” CCA said. “Tribal Nations have not explained these rising fees, and allowing unlimited siting fees stands contrary to the Commission’s ultimate goal: ubiquitous broadband deployment.”

Sens. Cory Gardner, R-Colo., and Maggie Hassan, D-N.H., filed their Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act Tuesday, as expected (see 1706260064). The bill aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction. The bill also would direct the FCC to allocate 10 percent of proceeds from future spectrum auctions toward funding wireless broadband access for unserved and underserved consumers. The bill "offers innovative ways to avoid a spectrum crunch, pave the way for 5G service, and provide critical resources to rural America to continue rural buildout in unserved and underserved areas," Gardner said. The bill got support from the communications sector, along with FCC Chairman Ajit Pai and Commissioners Mignon Clyburn and Michael O'Rielly. Elements drew praise from a wide range of communications stakeholders, including Verizon, CTIA, the Information Technology and Innovation Foundation, New America's Open Technology Institute, Public Knowledge and WifiForward. The bill “shows a clear, bipartisan understanding by Congress that the nation needs real and achievable timelines to meet the continually increasing demands for spectrum from a growing number of American consumers and businesses,” said Verizon Senior Vice President-Federal Government Affairs Robert Fisher. “With new, next-gen wireless applications and services emerging daily, it also confirms that our nation's leaders recognize the importance of making a range of spectrum bands available for commercial mobile broadband.” CTIA believes the bill “provides a much needed long-term plan to unlock valuable licensed spectrum as demand for wireless data and content continues to skyrocket,” Senior Vice President-Government Affairs Kelly Cole said. “A predictable spectrum pipeline is vital to meet consumers' need for new and innovative services and sustain U.S. global leadership in a fast-approaching 5G world.” PK Senior Vice President Harold Feld lauded the bill's rural mobile broadband funding allocation provision, saying it “focuses spending directly on needed broadband infrastructure in a competitively neutral manner, without raising taxes or user fees.” OTI Wireless Future Program Director Michael Calabrese praised elements of the bill but noted there is “an immediate opportunity to share 500 megahertz of underutilized satellite spectrum above 3.7 GHz for more affordable rural and small town broadband that will be lost if the sole focus is raising one-time auction revenue that requires clearing satellite incumbents off the band and takes a decade to implement.”

The FCC should act expeditiously on rules designed to speed up wireless siting, Competitive Carriers Association officials said in a meeting with aides to FCC Chairman Ajit Pai. “The record depicts an undisputed immediate need for updated and streamlined rules,” said a filing in docket 17-79. CCA raised concerns about fees charged by tribes for historical review of projects and site monitoring. “Tribal fees are rising, and are typically assessed before any Historic Property is suspected or found,” CCA said. “Tribal Nations have not explained these rising fees, and allowing unlimited siting fees stands contrary to the Commission’s ultimate goal: ubiquitous broadband deployment.”

Sens. Cory Gardner, R-Colo., and Maggie Hassan, D-N.H., filed their Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum (Airwaves) Act Tuesday, as expected (see 1706260064). The bill aims to identify spectrum for unlicensed use and free up mid-band spectrum for wireless industry purchase via a future FCC auction. The bill also would direct the FCC to allocate 10 percent of proceeds from future spectrum auctions toward funding wireless broadband access for unserved and underserved consumers. The bill "offers innovative ways to avoid a spectrum crunch, pave the way for 5G service, and provide critical resources to rural America to continue rural buildout in unserved and underserved areas," Gardner said. The bill got support from the communications sector, along with FCC Chairman Ajit Pai and Commissioners Mignon Clyburn and Michael O'Rielly. Elements drew praise from a wide range of communications stakeholders, including Verizon, CTIA, the Information Technology and Innovation Foundation, New America's Open Technology Institute, Public Knowledge and WifiForward. The bill “shows a clear, bipartisan understanding by Congress that the nation needs real and achievable timelines to meet the continually increasing demands for spectrum from a growing number of American consumers and businesses,” said Verizon Senior Vice President-Federal Government Affairs Robert Fisher. “With new, next-gen wireless applications and services emerging daily, it also confirms that our nation's leaders recognize the importance of making a range of spectrum bands available for commercial mobile broadband.” CTIA believes the bill “provides a much needed long-term plan to unlock valuable licensed spectrum as demand for wireless data and content continues to skyrocket,” Senior Vice President-Government Affairs Kelly Cole said. “A predictable spectrum pipeline is vital to meet consumers' need for new and innovative services and sustain U.S. global leadership in a fast-approaching 5G world.” PK Senior Vice President Harold Feld lauded the bill's rural mobile broadband funding allocation provision, saying it “focuses spending directly on needed broadband infrastructure in a competitively neutral manner, without raising taxes or user fees.” OTI Wireless Future Program Director Michael Calabrese praised elements of the bill but noted there is “an immediate opportunity to share 500 megahertz of underutilized satellite spectrum above 3.7 GHz for more affordable rural and small town broadband that will be lost if the sole focus is raising one-time auction revenue that requires clearing satellite incumbents off the band and takes a decade to implement.”

The path forward to Senate floor confirmation votes for FCC Chairman Ajit Pai, Commissioner nominees Brendan Carr and Jessica Rosenworcel and NTIA Administrator nominee David Redl remained uncertain Tuesday even though all four are believed to be all but certain to advance out of the Senate Commerce Committee Wednesday. The committee is to vote on the four and the Rural Wireless Access Act (S-1621) during a session at 10 a.m in 216 Hart. Senate Commerce Chairman John Thune, R-S.D., told reporters he hoped to include all four nominees in a package for a floor vote under unanimous consent. Senate Republicans are aiming to consider the nominations package this week, depending on how negotiations fare, lobbyists said.

The path forward to Senate floor confirmation votes for FCC Chairman Ajit Pai, Commissioner nominees Brendan Carr and Jessica Rosenworcel and NTIA Administrator nominee David Redl remained uncertain Tuesday even though all four are believed to be all but certain to advance out of the Senate Commerce Committee Wednesday. The committee is to vote on the four and the Rural Wireless Access Act (S-1621) during a session at 10 a.m in 216 Hart. Senate Commerce Chairman John Thune, R-S.D., told reporters he hoped to include all four nominees in a package for a floor vote under unanimous consent. Senate Republicans are aiming to consider the nominations package this week, depending on how negotiations fare, lobbyists said.

Cox Communications' "sham" Digital Millennium Copyright Act defense and its attempt to obfuscate through discovery abuses drove up the cost of litigation, so it can't complain about having to bear those costs, said BMG Rights Management and Round Hill Music in a supplemental principal and response brief (in Pacer) filed Friday with the 4th U.S. Circuit Court of Appeals. Cox, fighting BMG's motion for $10.48 million in attorney's fees and $2.92 million in expenses (see 1610030005), never addresses those behaviors that caused the lower court to award fees, they said. They said Cox argued the torrent piracy lawsuit raised novel issues, but the 4th Circuit and the Supreme Court in its 2016 Kirtsaeng v. John Wiley & Sons decision rejected "novelty" as protection from avoiding fees. Counsel for Cox didn't comment Monday.