Several net neutrality advocates don't plan to seek a stay of the FCC order undoing Communications Act Title II broadband service regulation. They told us Tuesday they aren't aware of any who will seek a stay, with the order to take effect Monday. Some have warned that Monday will mark the start of declines in internet freedom, which Republicans and other net neutrality deregulation backers say is overblown and untrue.
TV broadcasters and the FCC haven’t coalesced around a single path forward on the national ownership cap, broadcasters and their lawyers said in interviews. Though many in the industry believe the FCC will try to issue an order this summer raising the 39 percent cap to get ahead of an expected U.S. Court of Appeals for the D.C. Circuit decision against reinstating the UHF discount (see 1804200059), it’s not clear what change the regulator and industry are moving toward. “They’re going to end up in court no matter what,” said University of Minnesota School of Journalism assistant professor-media law Christopher Terry.
Facebook, Google and Microsoft support the Federal Election Commission rulemaking to increase online political advertising transparency (see 1805250032 and 1805290037), but the commission should look to recent industry response for guidance, they commented. The commission is considering two proposals that would update online ad disclosure requirements for the first time since 2006.
Resigning Gov. Eric Greitens (R) signed a Missouri small-cells bill that would pre-empt local governments on right of way to streamline 5G infrastructure deployment. On his last day and amid a scandal over sexual assault allegations, Greitens Friday signed the small-cells item and 76 others, including a bill to combat one offense Greitens was alleged to have committed. Local government representatives said a two-year sunset unique to the Missouri small-cells bill (HB-1991) may be good and bad. Missouri is the 19th state to enact a small-cells bill, and some expect three more states to advance legislation this year.
The FCC proposal to bar USF spending on products or services from companies seen as posing a national security risk is meeting with mixed reaction, with disagreements about whether rules should be limited to USF-funded equipment and services or should have broader reach, recent docket 18-89 comments show. Huawei called the rulemaking launched in April (see 1804170038) an "improper and imprudent" blacklist, and some critics questioned the efficacy of the proposed approach. Comments were due Friday, replies July 2.
The 12 items on Thursday's FCC meeting agenda are the most in almost 10 years, bringing Chairman Ajit Pai's average to more than seven monthly agenda items, far outpacing recent predecessors. Pai is pursuing free-market, deregulatory policies aggressively, said most we queried, though some believe Pai is trying to overload critics. Pai pitched the commissioners' meeting as a "summer blockbuster" on high-band 5G spectrum, cable leased-access reversal, satellite broadband, intercarrier compensation, rural broadband, telecom legacy discontinuance streamlining aimed at spurring wireline broadband, and other items (see 1805160051).
All signs point to an easy Senate confirmation vote for FCC nominee Geoffrey Starks, but his lack of a clear public track record on many high-profile telecom policy issues likely portends tough questions from lawmakers in both parties in the weeks ahead, communications officials and lobbyists told us. President Donald Trump at our deadline Monday formally nominated Starks, an Enforcement Bureau assistant chief, to succeed outgoing Commissioner Mignon Clyburn for a term ending June 30, 2022. Chairman Ajit Pai and some other commissioners lauded Starks’ selection Friday, though only some directly received a White House announcement about the nomination then (see 1806010072).
Consumer and labor advocates objected to FCC draft plans to relax consumer protection and education mandates when telcos discontinue legacy telecom services in favor of IP-based fiber and wireless offerings. Verizon and AT&T disputed ADT Security Services and Alarm Industry Communications Committee (AICC) concerns that a proposed "alternative options test" could effectively scrap an "adequate replacement test" and its interoperability requirements. Parties made closing arguments before lobbying restrictions took effect heading into this coming Thursday's commissioners' meeting that includes a draft order to streamline discontinuance duties.
Data throttling will be a top enforcement priority when FTC jurisdiction over broadband providers is restored June 11, said Consumer Protection Bureau Director Andrew Smith Friday. When the FCC net neutrality order takes effect, the FTC will look to publicly expose “issues with respect to fast-tracking of certain traffic and slowing down to less speed with respect to other traffic,” Smith said at a George Mason University event, citing recent throttling allegations against AT&T.
Sharing the C band now used by satellite operators and by broadcast and other programmers sending content using it could be tricky, many stakeholders agree. Where they differ is on whether it should be repurposed or shared or mainly left as-is. True to predictions and comments posted through Thursday, even newer filings reveal differences between carriers on one hand and current users on the other (see 1805310058), a docket 18-122 review shows. A couple dozen filings were posted Friday, from tech companies, carriers, equipment makers, cable and content interests plus other industries.