A proposal to shift equal employment opportunity enforcement from the Media to the Enforcement bureau could indicate the FCC intends to get tougher on such violations, but could also be seen as gathering “low hanging fruit,” broadcast attorneys and civil rights officials told us Tuesday. Chairman Ajit Pai circulated a proposal to relocate EEO enforcement staff Tuesday morning, said a release then. The announcement was timed to coincide with the 50th anniversary of the agency’s EEO rules, and will “improve the FCC’s enforcement of those rules and strengthen our commitment to fighting discrimination,” Pai said. The shift was one of a host of EEO reforms requested by the Multicultural Media Telecom and Internet Council and other civil rights groups.
With states moving to collect online sales taxes after the Supreme Court’s Wayfair decision (see 1806210067), Congress will explore collection limitations (see 1806280047), given business implications, lawmakers and observers told us. Sens Jeanne Shaheen, D-N.H., and Ron Wyden, D-Ore., wrote last week to ask the Small Business Administration help businesses cope with the decision. SBA "has begun to review the ruling and will do so by engaging small businesses and stakeholders, including members of Congress," a spokesperson said.
Tennessee electric cooperatives are bringing fiber broadband to rural areas that earlier were unserved or underserved, after a 2017 state law lifted restrictions, said co-op officials in interviews. In April 2017, Gov. Bill Haslam (R) signed a bill allowing nonprofit electric co-ops to provide retail broadband and video service within their footprints (see 1704270032). Policymakers at state, local and federal levels should look for ways to encourage co-op entry into broadband, said National Rural Electric Cooperative Association CEO Jim Matheson. “Anything that opens up the playing field for all participants to engage is the right thing.”
The National Emergency Number Association said the FCC should address misrouting of 911 calls to public safety answering points. “Occurrence of 9-1-1 ‘misroutes’ is significant enough to merit action,” NENA said. Most industry players with replies in docket 18-64 urged caution and suggested the FCC wait for an industry-supported solution to emerge. In March, the agency released a notice of inquiry on ways to ensure wireless 911 calls are routed directly to the appropriate call center (see 1803230023). Initial comments were posted in May (see 1805080040).
The Supreme Court’s Carpenter decision will hamper criminal investigations that benefit from location data -- such as serial killer, arson and drug cases -- said a high court litigator Friday. Center for Democracy and Technology Deputy Director-Freedom, Security and Technology Policy Michelle Richardson, another panelist at a Friday event, argued Carpenter provides a road map for contesting future privacy cases involving tech and rejuvenates the legislative push for more privacy protections.
Senate Democrats, children’s TV advocates and anti-media consolidation groups condemned the FCC’s draft kidvid NPRM. Two letters called the NPRM premature and too expansive, and said it should be re-issued as a notice of inquiry. “The Commission should not act in haste to revise rules that can negatively impact children in our country,” said the letter to all commissioners from Sens. Ed Markey, Mass.; Bill Nelson, Fla.; Catherine Cortez Masto, Nev.; Kirsten Gillibrand N.Y.; Richard Blumenthal Conn.; and Jack Reed R.I.
Consumer advocates and individuals pushed back against FCC relaxation of Telephone Consumer Protection Act enforcement they said would open up a bigger flood of unwanted robocalls. Corporate interests continued to urge limiting FCC TCPA reach, which they said sparked an onslaught of class-action lawsuits against companies doing legitimate business calling. At least three dozen substantive replies were filed, in docket 18-152, to initial comments (see 1806140043) on a public notice on TCPA issues after a partial court reversal in ACA International v. FCC (see 1805150014 and 1803160053).
A state privacy law is likely to have effects beyond California, said consumer privacy advocates and others Friday. Last week’s bipartisan enactment of AB-375 (see 1806280054) may encourage other states to write their own privacy laws, they said. Tech companies warned the law needs work and isn’t ready to be copied. The authors said changes are likely before the mandates take effect in January 2020.
The FCC is expected to move soon to create a broadcast incubator order, before a deadline, said broadcast and anti-media consolidation attorneys in interviews. The 3rd U.S. Circuit Court of Appeals told the agency to file a report on the status by Aug. 6 when denying an emergency stay of a media ownership reconsideration order (see 1802070053). Though the 3rd Circuit asked only for a report, it could hurt the agency’s case to show up without a voted-on incubator order or strong indications one is coming soon, said numerous attorneys on both sides. The agency is unlikely to show up to court empty-handed, said Georgetown Institute for Public Representation Director Angela Campbell.
The Senate is likely to revisit timing of confirmation votes on FCC nominee Geoffrey Starks and Commissioner Brendan Carr’s second term during the coming July work period, after last-minute behind-the-scenes politicking led the chamber’s leaders Thursday to scrap approving the nominees under unanimous consent, Capitol Hill officials and communications sector lobbyists told us. Senate Commerce Committee Chairman John Thune, R-S.D., had seen positive signs Thursday that the chamber would be able to clear Carr and Starks that day, in his bid to fast-track the confirmation process for the nominees (see 1806120047 and 1806280059).