The Senate Judiciary Committee unanimously advanced the Music Modernization Act (S-2823) to the floor (see 1805250036) Thursday, despite concerns from Sens. Ben Sasse, R-Neb., and Ron Wyden, D-Ore., about the Classics Act portion of the MMA. The House unanimously passed the MMA in April (see 1804250078).
The communications law impact of Supreme Court Justice Anthony Kennedy's retirement remains largely a mystery (see 1806270070) as the Senate gears up for a confirmation battle. Not only is there a guessing game over who President Donald Trump will nominate as a replacement, but Kennedy's views aren't easy to pigeonhole, attorneys told us. He's "been all over the map," emailed TechFreedom President Berin Szoka.
Local governments cheered Commissioner Jessica Rosenworcel for sharing San Jose's 5G agreements as a model code while the FCC weighs rules to lower perceived local barriers. But carriers and others said San Jose's pact with industry is no model. The commissioner Wednesday released model agreements for small-cell 5G deployment negotiated by San Jose with wireless companies (see 1806150033), amid local government complaints that model codes developed by the FCC Broadband Deployment Advisory Committee favor industry.
FCC Commissioner Mike O’Rielly said he's nearing a recommendation on the 3.5 GHz citizens broadband radio service band, speaking Thursday to reporters after a speech at the Free State Foundation on process changes. The 180-day shot clock on deal approval “should be more than aspirational,” O’Rielly said, with several takeovers still pending before the regulator. “We can make decisions with a set time frame.”
Lawmakers would have been better served if the Department of Homeland Security sent an official to testify at a hearing on cellsite simulators, said House Oversight Subcommittee Chairman Ralph Abraham, R-La. DHS, which took the lead on StingRay monitoring (see 1806040046, 1806010056 and 1804180051), declined to testify but provided a written briefing to the subcommittee.
Governments want to maintain the Whois database as much as possible while complying with the EU general data protection regulation as quickly as possible, and they spent most of their time in Governmental Advisory Committee (GAC) meetings at the Monday to Thursday Panama ICANN policy meeting scrambling to figure out how to accomplish that. ICANN, not in compliance with the EU privacy law, approved a "temporary specification" to enable tiered access to domain name registrants' data in the Whois database (See 1805140001), and floated a proposed unified access model for allowing those with a legitimate interest to access non-public personal data (see 1806060004). Also in the works is an "expedited policy development process" (EPDP) that aims to replace the specification within one year. Under pressure from law enforcement, network security, intellectual property and other interests, governments are pushing to determine their role in the processes and their positions.
A net neutrality bill marched forward in the California Legislature amid questions about if it can recover from cuts by an Assembly Committee last week. Lawmakers there advanced a surveillance transparency bill and positioned a comprehensive privacy proposal for possible enactment Thursday. Industry groups prefer the privacy bill to a ballot initiative that’s to be withdrawn if the legislation is enacted.
T-Mobile CEO John Legere and Sprint Executive Chairman Marcelo Claure defended their proposed combination during a hearing of the Senate Judiciary Antitrust Subcommittee. Both executives assured senators they need to combine to remain competitive and deploy a 5G offering that would compete with AT&T and Verizon. Also Wednesday, FCC Chairman Ajit Pai appointed DOJ lawyer David Lawrence to head a task force to review the deal. Lawrence formerly worked for Antitrust Division Chief Makan Delrahim and once worked on the Justice team that opposed AT&T’s failed buy of T-Mobile. Pai promised a “thorough investigation.”
DOJ's requirement that Disney sell 22 Fox regional sports networks to buy Fox's other nonbroadcast assets (see 1806270016) was logical, given the power New Disney would wield in sports programming otherwise, experts said Wednesday. Sports Fan Coalition (SFC) Chairman David Goodfriend said such conditions would be even more likely in a Comcast/Fox, given what would be New Comcast's ability to use sports programming as a club against MVPD competition. Comcast didn't comment. Fox approved a Disney deal (see 1806260038), though a shareholder vote hasn't been scheduled.
Senate GOP leaders are aiming to confirm FCC nominee Geoffrey Starks and Commissioner Brendan Carr to a second full term this week via unanimous consent, Senate Commerce Committee Chairman John Thune, R-S.D., told reporters Wednesday. The committee advanced Starks' nomination on a voice vote. Senate confirmation of Starks this week is seen possible, in line with expectations Thune was aiming to fast-track the nominee (see 1806200055). Starks would succeed former Mignon Clyburn, who left the commission earlier this month (see 1806070041). Starks would have a term ending in 2022, and Carr's additional five-year term would end in 2023.