A dangling national ownership cap proceeding and a flurry of TV dealmaking mean there’s an expectation the FCC will act to change the 39 percent audience reach cap, officials said. But broadcasters, industry analysts and attorneys aren’t sure when the commission will do so. The agency was seen as on the brink of issuing a cap order in July, and though that didn’t happen, broadcasters have considered an order possible ever since. Some think the midterm elections could affect timing, and others said the jockeying to buy Tribune could lead the agency to act. Commissioners' Sept. 26 tentative agenda Wednesday (see 1809050029 and 1809050056) doesn’t include action on the cap. Attorneys said a vote on such a contentious issue outside a meeting is unlikely.
The FCC draft wireless declaratory ruling and order, circulated Wednesday, says it isn’t targeting most local state governments, but “outlier conduct persists.” Commissioner Brendan Carr announced Tuesday the item would get a vote at the commissioners’ Sept. 26 meeting (see 1809040056), which has seven other items on its tentative agenda (see 1809050056). Meanwhile, at least two petitioners asked the FCC to reconsider provisions approved 3-1 in August that pre-empt state and local legal barriers to deployment, including express and de facto moratoriums (see 1808020034).
Facebook and Twitter will use Wednesday’s Senate Intelligence Committee hearing (see 1808300043) to highlight progress made combating Russian influence and other perceived bad actors. Facebook Chief Operating Officer Sheryl Sandberg is to testify alongside Twitter CEO Jack Dorsey, who also will appear by himself at a House Commerce Committee afternoon hearing (see 1808290054). Senate Intelligence leadership, who invited Alphabet CEO Larry Page, declined subsidiary Google’s offer to send Senior Vice President-Global Affairs Kent Walker. FCC Chairman Ajit Pai also continued his scrutiny against such platforms.
FCC Chairman Ajit Pai plans a Sept. 26 vote on a proposal to improve 911 calling from office buildings, schools, hotels and other locations using multiline, centralized communications systems. In a Tuesday blog, Pai said commissioners' September meeting also will consider orders aimed at speeding 5G wireless deployment (see 1809040056), consolidating rules governing earth stations in motion (ESIM) and eliminating an annual filing requirement by cable operators; a Further NPRM on changing rules governing franchise fees charged by local franchise authorities; an item on a possible auction of toll-free numbers; and two enforcement actions. The preliminary meeting agenda and draft items are due Wednesday.
An FCC wireless infrastructure draft order would set “high-level guardrails” for rates and shot clocks (see 1809040005) but wouldn’t stop states from setting them lower, Commissioner Brendan Carr said in a Tuesday interview. The proposed order is to be released Wednesday along with other items (see 1809040058) and set for a vote at the Sept. 26 commissioners’ meeting, as expected (see 1808300028). It takes a “balanced approach” by allowing local governments to retain some autonomy over their reviews of small-cell deployments in rights of way while also streamlining the process, Carr said in a livestreamed speech at the Indiana State House.
It’s ironic Donald Trump attacked Google and online platforms last week over alleged conservative bias (see 1808280055) because he owes his 2016 victory to social media amplifying campaign messages, CTA Senior Vice President-Government Affairs Michael Petricone told us Friday. A media group executive, various scholars and a tech expert agreed the president’s complaint wasn't credible.
California lawmakers advancing net neutrality legislation sends a message to Washington that Americans want an open internet, supporters said after Thursday’s vote (see 1808300056). FCC Commissioner Mike O’Rielly condemned the action, which Commissioner Jessica Rosenworcel welcomed. National industry groups called for a federal law, saying state-specific rules threaten broadband investment. Lawsuits could come, said observers, although three other states earlier enacted net neutrality bills without legal challenge.
Senate Judiciary Committee members are certain to bring up Supreme Court nominee Brett Kavanaugh's views on the Chevron doctrine and net neutrality during his confirmation hearing, lawmakers and lobbyists told us. They cautioned those issues will compete for attention with higher-profile ones like limits of executive power, abortion and same-sex marriage, as happened during 2017 confirmation hearings for now-Justice Neil Gorsuch (see 1703200051 and 1703210065). Kavanaugh's hearing begins at 9:30 a.m. Tuesday in 216 Hart and continues through Thursday or Friday.
A long-awaited FCC order on changes to rules for the citizens broadband radio service band is unlikely for the Sept. 26 commissioners’ meeting, but should get a vote at the Oct. 23 meeting, said industry officials active in the 3.5 GHz proceeding. FCC Commissioner Mike O’Rielly said in early July he started to share his long-awaited proposal for the band with Chairman Ajit Pai (see Notebook section at end of 1807120033).
A hallmark of the Ajit Pai FCC chairmanship is that he has almost complete support from fellow Republicans, who have maintained party discipline. Republican Mike O’Rielly has had one full dissent and 12 partial dissents, our review found. Former officials told us Pai has no reason to complain.