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.
Sinclair buying Tribune is still considered likely to be approved, despite the expectation of an unfavorable U.S. Court of Appeals for the D.C. Circuit ruling on the UHF discount and lack of FCC action on the national ownership cap, analysts and attorneys told us Friday. The final stage of the transaction’s comment period ended Thursday, and opponents urged the FCC to reject the transaction as against the public interest. The FCC and DOJ are still seen likely to OK the transaction in some form. It’s not clear what the particulars will be or how soon, but the FCC is expected to approve, said Wells Fargo analyst Marci Ryvicker.
Given the patchwork of state and international privacy laws developing with the EU general data protection regulation and California’s new measure (see 1806290043), Senate Republicans told us they are open to legislating. And that chamber's Democrats seek such a regime.
The FCC drew mixed responses from local government officials Friday to a draft order combining one-touch, make-ready rules with a ban on state and local moratoriums on new wireless and wireline facilities. A Nashville official lauded the agency for validating the Tennessee city’s overturned OTMR policy, but NATOA slammed the FCC’s proposed moratoriums ban. Local government attorneys warned it could lead to litigation.
President Donald Trump is continuing to select his federal judiciary nominees -- including Supreme Court nominee Brett Kavanaugh -- based in part on their views about what the president views as the overly broad legal underpinnings of regulatory agencies' power, including the Chevron and Auer/Seminole Rock doctrines, said White House Counsel Don McGahn Thursday at a Media Institute event. Trump nominated Kavanaugh Monday to replace retiring Justice Anthony Kennedy, raising expectations he will seek to rein in Chevron deference to agency expertise and influence the court's rulings on industry First Amendment free-speech rights and net neutrality (see 1807100020). Kavanaugh's meetings on Capitol Hill with senators continued Thursday, including with Sen. Shelley Moore Capito, R-W.Va.
Commissioner Mike O’Rielly split with fellow FCC Republicans Thursday to partially dissent from an order on emergency alert system testing and false alerts, over concerns about alert fatigue. Since lone FCC Democrat Jessica Rosenworcel voted in favor, it was approved 3 to 1. “If people come to expect that when those alert signals go off they may not be real, there is a very high likelihood that they will ignore potentially life-saving information.” O’Rielly said.
FCC Chairman Ajit Pai proposed rules providing a new framework for “the vast majority” of pole attachments under federal jurisdiction by imposing a one-touch, make-ready” (OTMR) regime. An accompanying declaratory ruling attacks local or state moratoriums on new wireless and wireline facilities. The order and declaratory ruling are set for a vote at commissioners’ Aug. 2 meeting (see 1807110053) along with items on broadcast incubators, repacking reimbursement, a telehealth item and a spectrum/5G auction-related action.
Commissioners approved 4-0 an NPRM and order Thursday that moves the U.S. a step closer to opening the C-band, key mid-band spectrum for 5G. The FCC will start by taking a snapshot of the 3.7-4.2 GHz band, though as expected the agency relaxed its reporting requirements for satellite companies from what was in the draft order (see 1807060025). Rather than asking for additional data from fixed satellite service earth stations, the FCC will require them only to certify that the information the agency has is up-to-date. Space station operators will have to provide basic information. The NPRM asks whether the FCC should seek additional data from satellite operators, officials said.