A path forward still exists this Congress to advance the Senate’s FCC Reauthorization Act (S-2644) and the Mobile Now spectrum bill (S-2555) despite a rapidly diminishing number of legislative days in 2016 and a tough political climate, Capitol Hill observers told us. The Senate Commerce Committee approved Mobile Now March 3 and the FCC Reauthorization Act April 27, both by unanimous voice vote, and both are likely to be filed for hotline expedited consideration by the full Senate this month. Mobile Now is expected to be hotlined this week.
Algorithms that determine credit scores or eligibility decisions could be biased or hide opportunities for consumers, but those same data-driven tools could be used to spot and prevent discrimination, said a White House big data report. Several experts said in interviews Thursday they were encouraged by the previous day's report that stressed the benefits of using big data to solve some problems rather than just warn against certain harms as a 2014 report did (see 1405020034 and 1502050045). They also said more information is needed about real-world harms, and that means more research is needed, as the report recommended, plus more tools and access for consumers to correct errors about their personal information.
One roadblock to securing approval of the FCC Reauthorization Act (S-2644) on the Senate floor may be a long-running spectrum priority for Sen. Marco Rubio, R-Fla., and the wireless industry. Rubio, a first-term senator leaving office in January, has fought for years to enact provisions on the value of federal spectrum, last Congress and this one. Despite unanimous Commerce Committee support for including such language with S-2644, one senior Democrat cites ongoing national security concerns (see 1604270055) that some observers told us may spell the amendment’s doom.
The U.S Court of Appeals for the D.C. Circuit panel hearing oral argument in two low-power TV challenges of FCC incentive auction repacking policy Thursday seemed receptive to points made by the agency and petitioner Mako Communications but questioned the standing of petitioner Free Access & Broadcast Telemedia. FAB invests in LPTV but isn't a licensee. Oral arguments in the cases were heard back to back, with questions asked in one case bleeding into the other. An attorney following the matters speculated that Judges Sri Srinivasan, Thomas Griffith and David Sentelle may release decisions as a single opinion. Though several attendees speculated about what the court's reactions might indicate for a final decision, they all said it's difficult to predict a final opinion from oral argument.
One roadblock to securing approval of the FCC Reauthorization Act (S-2644) on the Senate floor may be a long-running spectrum priority for Sen. Marco Rubio, R-Fla., and the wireless industry. Rubio, a first-term senator leaving office in January, has fought for years to enact provisions on the value of federal spectrum, last Congress and this one. Despite unanimous Commerce Committee support for including such language with S-2644, one senior Democrat cites ongoing national security concerns (see 1604270055) that some observers told us may spell the amendment’s doom.
Algorithms that determine credit scores or eligibility decisions could be biased or hide opportunities for consumers, but those same data-driven tools could be used to spot and prevent discrimination, said a White House big data report. Several experts said in interviews Thursday they were encouraged by the previous day's report that stressed the benefits of using big data to solve some problems rather than just warn against certain harms as a 2014 report did (see 1405020034 and 1502050045). They also said more information is needed about real-world harms, and that means more research is needed, as the report recommended, plus more tools and access for consumers to correct errors about their personal information.
The FCC failed to comply with the Spectrum Act in creating the incentive auction, Free Access Broadcast & Telemedia said in a statement of issues filed Monday with the U.S. Court of Appeals for the D.C. Circuit. The document is part of FAB’s second challenge of aspects of the incentive auction. Though both cases challenge similar aspects of the auction rules, they are filed in dispute of different FCC orders on the auction rules (see 1603280052). Along with the Spectrum Act’s command that the agency not alter the spectrum rights of low-power TV, the FCC also violated the regulatory Flexibility Act and the Constitution's Fifth Amendment, the filing said. “The FCC's interpretation of the Spectrum Act and challenged orders affecting LPTV raise serious takings and due process Fifth Amendment issues.” Oral argument in FAB’s other case, the one in which its request for an injunction against the auction was rejected, will be heard May 5.
The direction of the Copyright Office’s study of the Digital Millennium Copyright Act Section 512’s notice-and-takedown process and the section’s safe harbors remains highly fluid ahead of the conclusion of the first of CO’s two planned roundtables on Section 512, multiple participants in the first sessions said in interviews. The first roundtable, which began Monday and is to conclude Tuesday, is at the Thurgood Marshall U.S. Courthouse in New York. The CO is planning a second event May 12-13 at the James Browning U.S. Court of Appeals Building in San Francisco.
Mediation could break through stubborn disagreement between Verizon and striking union workers, but only if the parties are willing to negotiate, labor and mediation experts said. The strike continued into this week after the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers balked at Verizon’s “last, best and final offer” Thursday (see 1604280064). Over the weekend, Verizon cut off benefits for strikers and brought in more replacement workers. The company and unions have differed over whether a federal mediator has even yet become involved in the issue.
Mediation could break through stubborn disagreement between Verizon and striking union workers, but only if the parties are willing to negotiate, labor and mediation experts said. The strike continued into this week after the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers balked at Verizon’s “last, best and final offer” Thursday (see 1604280064). Over the weekend, Verizon cut off benefits for strikers and brought in more replacement workers. The company and unions have differed over whether a federal mediator has even yet become involved in the issue.