SCOTTSDALE, Ariz. -- State commissions should have ethics codes to protect ratepayers, Arizona Corporation Commission member Robert Burns said in a Monday interview on the sidelines of NARUC. The ACC’s new ethics code for commissioners (see 1804060058) “keeps honest people honest,” though it's less likely to be effective against those lacking honesty, he said. It's an important step in improving the image of an agency that faced controversy for some officials' actions, he said.
Rep. Mike Coffman, R-Colo., delivered a double dose of hope Tuesday to supporters of rescinded FCC 2015 net neutrality rules, supporting a Congressional Review Act resolution aimed at restoring the rules (House Joint Resolution-129) and filing his 21st Century Internet Act. Coffman was the first House Republican to support the CRA resolution, with a discharge petition aimed at forcing a floor vote with signatures of 176 Democrats by Tuesday. Coffman told us in May he was wavering from his earlier opposition to the CRA (see 1805290002).
The road to approval for T-Mobile buying Sprint may be getting steeper. The Trump DOJ and the FCC continue to signal major communications transactions will get close scrutiny. Monday, FCC Chairman Ajit Pai said he circulated an order sending Sinclair/Tribune to an administrative law judge (see 1807170053). Last week, Justice notified the U.S. Court of Appeals for the D.C. Circuit it plans to appeal a lower court’s judgment that let AT&T complete buying TW (see 1807130034). Industry officials said none of the latest developments augers an easy path for T-Mobile/Sprint, noting every transaction is different and presents a new fact set.
The FCC draft hearing designation order (HDO) narrowly identifies lack of candor in Sinclair’s planned divestiture of WGN-TV Chicago, without listing specifics. Such details will be the focus of an administrative law judge proceeding (see 1807160048), officials told us. Commissioner Mike O’Rielly, who hasn’t voted, proposed edits to require the ALJ process to adhere to a schedule. His proposed changes wouldn’t impose a deadline for a ruling, an official said.
SCOTTSDALE, Ariz. -- Utah's revamping USF contributions and New York's convening pole-attachment talks are examples of how states continue to act as “labs of democracy,” even as many jurisdictions reduce their telecom regulation, said Monday NARUC panelists. Telecom authority varies by state and often is limited, but state commissioners said broadband remains top of mind. "I don't make a single decision in telecom" without asking if it will bring faster and more affordable internet, said New York Public Service Commissioner Gregg Sayre.
A Tuesday House Communications Subcommittee hearing to re-examine proposals to improve rural broadband deployments appears aimed in part at looking at what lawmakers can do in the next Congress given the limited legislative work time left this year, communications sector officials and lobbyists said in interviews. House Communications aimed to revisit the broadband proposals after recent FCC and congressional efforts (see 1807130065). A House Commerce Committee GOP staff memo notes language from several bills House Communications reviewed in January made it into the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), which President Donald Trump signed into law as part of the $1.3 trillion FY 2018 omnibus spending bill (HR-1625). House Commerce also cleared other broadband legislation recently (see 1803230038 and 1807120063).
Expect the House Digital Commerce Subcommittee's Wednesday hearing to focus on whether the FTC has proper authority to protect consumers’ digital privacy (see 1807110060), members told us. “I want to see more authority given to the Federal Trade Commission,” said ranking member Jan Schakowsky, D-Ill. “Unfortunately, they don’t have the authorities that are needed in order to provide the kind of data security that we need. I think it’s the appropriate agency to do it, but presently they don’t have the capacity.”
FCC Commissioner Mike O’Rielly is keeping his plans for the 3.5 GHz citizens broadband radio service band close to his chest. O’Rielly said last week he has started to share his long-awaited proposal with Chairman Ajit Pai (see 1807120033). Some industry officials who favor smaller geographic license sizes for the priority access licenses that will be offered in the band are hearing that O’Rielly is proposing a plan similar to what was proposed by CTIA and the Competitive Carriers Association. Other industry and FCC officials urged caution before drawing conclusions but said the proposal seems unlikely to get the full support of the commission, especially Commissioner Jessica Rosenworcel.
The FCC's referring a deal to its administrative law judge traditionally has been the kiss of death to a transaction, but some see Chairman Ajit Pai's announcement that he has circulated a draft hearing designation order (HDO) on Sinclair's $3.9 billion buy of Tribune (see 1807160023) as possibly aimed more at stopping the deal as it's currently crafted. It also could put the deal on the back burner for now.
With some seeing a DOJ signal about aggressive antitrust enforcement and others scratching their heads, experts were all over the map about DOJ's planned appeal of the AT&T/Time Warner decision (see 1807120068). Some questioned whether the decision to appeal was politically motivated. Given President Donald Trump's animus toward TW's CNN, repeated as recently as this week, "you've got to think he's happy" about an appeal, said antitrust lawyer Seth Bloom. Similar political questions were raised about DOJ challenging the merger, which closed last month (see 1806150002). There was no clear consensus as to whether DOJ would appeal (see 1806130036). Justice didn't comment Friday.