The FCC’s likely sinking of Sinclair buying Tribune is “disgraceful” and “so sad and unfair,” said President Donald Trump Tuesday evening in a tweet that angered Democratic lawmakers, but is considered unlikely to influence FCC policy, said boosters and critics of FCC Chairman Ajit Pai. “I don’t think the chairman would kowtow” to Trump, said Benton Foundation and Georgetown Law Institute for Technology Law and Policy fellow Gigi Sohn, an aide to previous FCC Chairman Tom Wheeler. “I’m sure he knows the FCC is an independent agency,” said Newsmax CEO Chris Ruddy, a friend of Trump’s and opponent of Sinclair/Tribune. “I would be very surprised if he ever tried to meddle with FCC policy.”
Key Republicans backed and Democrats attacked deregulatory FCC policies under Chairman Ajit Pai at a House Communications Subcommittee oversight hearing Wednesday. GOP leaders lauded commission actions to improve emergency communications, update media regulations and promote broadband deployment. Democrats blasted the agency's net neutrality rollback and other deregulatory moves as favoring big industry players and even complicating national security. Pai and other commissioners had provided prepared testimony (see 1807240056).
States joined local government officials sounding the alarm over an FCC plan to ban state and local moratoriums on new wireless and wireline facilities (see 1807240035 and 1807130045). The draft order also includes one-touch, make-ready rules and is set for vote at next Thursday’s commissioners' meeting. States’ interest in pole attachments is increasing as they look to spur broadband, state commissioners said in interviews. Pennsylvania sees a need to take a stronger role in pole attachment disputes as part of that effort, said Public Utility Commission member Norman Kennard.
Any plan for the 3.5 GHz citizens broadband radio service band that doesn’t include census-tract-sized priority access licenses (PALs) likely faces a divided vote at the FCC. Commissioners indicated potential disagreements during a House Communications Subcommittee hearing Wednesday (see 1807250043). Chairman Ajit Pai said Commissioner Mike O’Rielly gave him analysis of proposed changes for rules for the band but no firm recommendations.
U.S. Court of Appeals for the D.C. Circuit rejection Wednesday (see 1807250002) of anti-consolidation groups’ petition against the restored UHF discount is seen as removing pressure on the FCC to raise the national cap and paving the way for TV station dealmaking.
The top two U.S. carriers reported quarterly results, with some mixed news as they concentrate on 5G and other initiatives.
Opponents of the Supreme Court’s Wayfair decision (see 1807200042 and 1807020035) sought to put a moratorium on states collecting online sales taxes from vendors without physical presence. Proponents told lawmakers to leave states alone, as the high court’s reversal is allowing responsible tax collection.
New entrants backed and telco, cable and electric utility incumbents voiced mixed views about an FCC draft order eying a one-touch, make-ready (OTMR) pole-attachment process and other changes to speed broadband deployment. Google Fiber, Incompas and the Fiber Broadband Association (FBA) were supportive; the American Cable Association, AT&T, CenturyLink, Comcast, NCTA, FirstEnergy and American Electric Power Service (AEPS) and Georgia Energy voiced different levels of concern and offered proposed modifications. The stakeholder lobbying was reported in filings posted Tuesday and recently on the draft eyed for a vote at commissioners' Aug. 2 meeting (see 1807120053).
The House Communications Subcommittee's Wednesday FCC oversight hearing is expected to delve into multiple issues, including a likely partial focus by Democrats on the commission's recent adoption of the hearing designation order seen endangering Sinclair's proposed purchase of Tribune (see 1807190060), lawmakers and industry officials told us. FCC Chairman Ajit Pai and the other three commissioners will testify, as expected (see 1807180043). It's looking less certain that Senate leaders will include confirmation votes on FCC nominee Geoffrey Starks and Commissioner Brendan Carr's second term in a package of nominees before the abbreviated August recess.
NTIA is starting a feasibility study for the 3450-3550 MHz band, though making the spectrum available for commercial use is no slam dunk, said Paige Atkins, outgoing (see 1807230049) associate administrator-spectrum, at the Commerce Spectrum Management Advisory Committee meeting Tuesday. NTIA is targeting the band as the next candidate for wireless broadband, Administrator David Redl announced in February (see 1802260047), noting DOD needs to find another location for military radar systems in the segment of frequencies that carriers may use for 5G.