A congressional infrastructure package isn't expected to contain broadband funding, said Grace Koh, National Economic Council technology, telecom and cybersecurity assistant to President Donald Trump. "I don't think broadband is going to be a set-aside" in legislation, though high-speed deployment could be encouraged in other ways, she said at a Practicing Law Institute conference Thursday morning. Other PLI news: 1712070063 and 1712070047.
New Hampshire is the first state to opt out of FirstNet, choosing an alternative radio-access-network (RAN) plan from Rivada, Gov. Chris Sununu (R) announced Thursday after a state opt-out review committee identified risks and possible mitigating factors of such a decision (see 1712060037). FirstNet said it will support New Hampshire. AT&T and a public safety consultant called the decision risky. States and territories have until Dec. 28 to decide; 35 opted in. FirstNet continues to argue it’s exempt from the Freedom of Information Act and doesn’t have to respond to a Vermont news organization’s request.
FCC Chairman Ajit Pai's Thursday briefing with House Republicans was “very productive” in addressing members' questions about the commission's draft order to rescind its 2015 net neutrality rules and other recent actions, House Commerce Committee Chairman Greg Walden, R-Ore., told us. A day before, Pai briefed Senate Republicans (see 1712060058). As on the Senate side, Pai received a warm reception from House GOP members, Walden and others said.
Privacy Shield still has significant problems that, if not quickly fixed, could lead to legal action, said the Article 29 Data Protection Working Party (WP29) in its inaugural review. The opinion on efficacy of the trans-Atlantic personal data flow agreement listed unresolved issues for the commercial aspects and access to personal data by U.S. surveillance agencies. The European Commission said it's working with the U.S. administration to address the concerns.
A Maine legislator and CLECs raised concerns proposed pole-attachment rule changes by the Public Utility Commission don't include competitive requirements suggested by the 2017 state law that ordered the changes. At a PUC hearing livestreamed Wednesday, the law’s House sponsor, Rep. Seth Berry (D), said the Sept. 27 rulemaking notice in docket 2017-00247 doesn’t strongly regulate pole attachments and leaves out “Oxford rules” that CLECs support but FairPoint Communications opposes. “We remain dubious about what appears at this point to be a step backward,” Berry said.
It could be tough to prove an MVPD's antitrust claims that AT&T is giving itself a back-door deal on Houston Astros, Houston Rockets and other sports content through its regional sports network that boxes out rival MVPDs, antitrust experts told us. A suit, as AT&T is trying to buy Time Warner, might be aimed more at trying to influence DOJ condition for deal approval on consent decree terms covering RSNs, said an antitrust expert.
FCC Chairman Ajit Pai told the agency’s Technology Advisory Council Wednesday he appreciates its work on such issues as risk-informed interference analysis. It was the first TAC meeting Pai addressed as chairman. He noted he had been on the road other times when TAC met this year. It approved reports looking at ATSC 3.0 and the proliferation of satellites.
Prospects are dim for a vote on a stand-alone bill reauthorizing Section 702 Foreign Intelligence Surveillance Act authority before it expires Dec. 31, so reauthorization may take another pathway, lobbyists and privacy advocates told us. Three Senate and two House bills are vying for support, with negotiations continuing on a compromise measure that could be wrapped into a year-end spending bill. Congress is set to pass a short-term spending bill Friday that Senate Majority Leader Mitch McConnell wants to “keep clean,” tweeted a McConnell aide Monday, which would mean a second spending bill would need to be passed right before the holidays.
FCC Democrats aren't expected to support the draft NPRM seeking comment on the national TV ownership cap, industry officials said in interviews. Though the item is an NPRM without tentative conclusions (see 1711210044), comments from Commissioners Jessica Rosenworcel and Mignon Clyburn when the item was released indicate they don't support it, and both said the FCC doesn’t have the authority to modify the cap. The NPRM is on the agenda for commissioners' Dec.14 meeting.
Debate over the FCC's impending vote to rescind 2015 net neutrality rules returned to Capitol Hill Wednesday. FCC Chairman Ajit Pai briefed the Senate Republican Caucus on the details of his draft order. Supporters of the 2015 rules -- Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif. -- joined former FCC Chairman Tom Wheeler and former General Counsel Jonathan Sallet on a conference call with reporters to criticize Pai's plan. Lawmakers' interest ramped up ahead of commissioners' planned Dec. 14 vote, with Commissioner Jessica Rosenworcel and other Democrats calling for delay (see 1712040046 and 1712050057).