FCC staff took many actions in Chairman Tom Wheeler's last three weeks in office, including some that were controversial, despite Republican pressure to act by consensus during the transition to President Donald Trump. Then-Commissioner Ajit Pai warned in December about "midnight regulations." He and fellow Republican Mike O'Rielly objected to several items issued in January -- a Wireless Bureau report criticizing AT&T and Verizon zero rated data practices, and certain Media Bureau broadcast orders -- and they indicated the issues would be revisited in a GOP-run commission.

NTIA’s Commerce Spectrum Management Advisory Committee held its initial meeting under the Trump administration Wednesday with 10 new members, but an uncertain future. A top NTIA official said at the meeting the incentive auction raises some big questions about future spectrum demands. NTIA also forecast that the spectrum needs of the IoT are likely to be a big area for future CSMAC work, and took another band off the table for sharing.

NTIA’s Commerce Spectrum Management Advisory Committee held its initial meeting under the Trump administration Wednesday with 10 new members, but an uncertain future. A top NTIA official said at the meeting the incentive auction raises some big questions about future spectrum demands. NTIA also forecast that the spectrum needs of the IoT are likely to be a big area for future CSMAC work, and took another band off the table for sharing.

FCC staff took many actions in Chairman Tom Wheeler's last three weeks in office, including some that were controversial, despite Republican pressure to act by consensus during the transition to President Donald Trump. Then-Commissioner Ajit Pai warned in December about "midnight regulations." He and fellow Republican Mike O'Rielly objected to several items issued in January -- a Wireless Bureau report criticizing AT&T and Verizon zero rated data practices, and certain Media Bureau broadcast orders -- and they indicated the issues would be revisited in a GOP-run commission.

The FCC acted arbitrarily in eliminating the UHF discount and should reinstate it, said NAB and numerous broadcasters in replies posted in docket 13-236 Tuesday in response to a reconsideration petition by Ion Media and Trinity Christian Center. “The FCC’s decision to artificially separate the UHF Discount from the national audience reach cap and eliminate it without considering the effect on the overall cap was the worst kind of results-driven decision-making,” said those two jointly. Broadcasters criticized the argument the UHF discount is no longer technically merited, and that the FCC doesn’t have the authority to reverse the decision to eliminate it. Bringing back the discount is seen as an early goal of the new agency, industry officials said (see 1701110067).

The FTC released a long-awaited report on cross-device tracking that recaps a November 2015 workshop that focused on companies tracking consumers across their various connected devices from laptops to smartphones to wearable gear. It raised privacy and transparency questions about data collection, use, sharing and retention (see 1610200025). Commissioners voted 3-0 to issue the staff report Monday, providing general recommendations to companies, with Commissioner Maureen Ohlhausen providing a concurring statement, noting that a 2009 industry report covered much the same ground. Many people have speculated she may run the agency at least on an interim basis (see 1701230043).

The FCC "definitely didn't have the authority" to regulate Internet edge privacy, said Gigi Sohn, a former counselor to previous Chairman Tom Wheeler and now a government fellow at Open Society Foundations. She called it "ironic" that Republican commissioners -- in opposing broadband privacy rules that targeted ISPs -- warned that the FCC might eventually regulate edge privacy practices. She also disputed the views of others who said the FCC could use its Telecom Act Section 706 authority to regulate the edge. "We'd get thrown out on our behinds if we did that," she said at the State of the Net conference Monday, the same day Ajit Pai said he was designated chairman (see 1701230058). "We regulate networks, not edge," she added. "Networks are our jurisdictional sweet spot."

The FTC released a long-awaited report on cross-device tracking that recaps a November 2015 workshop that focused on companies tracking consumers across their various connected devices from laptops to smartphones to wearable gear. It raised privacy and transparency questions about data collection, use, sharing and retention (see 1610200025). Commissioners voted 3-0 to issue the staff report Monday, providing general recommendations to companies, with Commissioner Maureen Ohlhausen providing a concurring statement, noting that a 2009 industry report covered much the same ground. Many people have speculated she may run the agency at least on an interim basis (see 1701230043).

The FCC "definitely didn't have the authority" to regulate Internet edge privacy, said Gigi Sohn, a former counselor to previous Chairman Tom Wheeler and now a government fellow at Open Society Foundations. She called it "ironic" that Republican commissioners -- in opposing broadband privacy rules that targeted ISPs -- warned that the FCC might eventually regulate edge privacy practices. She also disputed the views of others who said the FCC could use its Telecom Act Section 706 authority to regulate the edge. "We'd get thrown out on our behinds if we did that," she said at the State of the Net conference Monday, the same day Ajit Pai said he was designated chairman (see 1701230058). "We regulate networks, not edge," she added. "Networks are our jurisdictional sweet spot."

Elevating Ajit Pai to chairman, as expected (see 1701200051), means the FCC can proceed directly into its new agenda under President Donald Trump, without complications of an interim chairmanship and a long waiting period for a new chairman to arrive. Pai’s positions are already well known -- he has been a commissioner since May 2012, a nearly five-year track record -- so there's relatively little uncertainty on where he stands on many issues. Before he was a commissioner, Pai worked for the FCC Office of General Counsel.