An FCC draft order to undo Title II net neutrality appears legally strong, said some attorneys on a Phoenix Center panel, but another questioned aspects. Chairman Ajit Pai's draft to restore a less-regulatory Communications Act Title I broadband framework has precedent, deference and investment arguments in its favor, said Tom Navin, a Wiley Rein attorney and ex-Wireline Bureau chief. At around the same time Tuesday, a pro-Title II panel was held (see 1712050057).
House Communications Subcommittee ranking member Mike Doyle, D-Pa., told a New America conference FCC Chairman Ajit Pai’s net neutrality proposal won’t just roll back rules to before the 2015 regulations, it will mean “turning the clock back to zero.” Pai is wrong that getting rid of the rules will mean “business as usual” for the internet, Doyle said. At around the same time Tuesday, an anti-Title II panel was held (see 1712050035). Pai made the opposite point to Doyle in a speech to an International Institute of Communications meeting in Washington.
The Tuesday resignation of Rep. John Conyers, D-Mich., opens what was a largely behind-the-scenes contest to permanently replace him as House Judiciary Committee ranking member. Tech policy officials we spoke with before and after the resignation are sizing up the two top contenders: acting House Judiciary ranking member and House IP Subcommittee ranking member Jerry Nadler, D-N.Y., and Rep. Zoe Lofgren, D-Calif. The House Democratic Caucus installed Nadler as acting ranking member last month after Conyers said he would temporarily give up the leadership role while the House Ethics Committee investigated claims he engaged in sexual misconduct with former aides. Lofgren last week said she would be a candidate for committee ranking member if Conyers vacated his seat (see 1711270020 and 1711290055).
The Commercial Smallsat Spectrum Management Association will focus foremost on spectrum, and CSSMA anticipates involving itself increasingly in an array of regulatory issues that affect smallsats. Some question whether it's on a trajectory to be in conflict with or redundant to the Satellite Industry Association. There could be conflicts and overlaps with SIA, but a bigger smallsat industry concern is startups moving forward to get into space without a good understanding of the licensing and regulatory compliance necessary, where CSSMA can play a role, said Christopher Stott, CEO of orbital frequencies and regulatory services company ManSat.
FCC Chairman Ajit Pai won't postpone a Dec. 14 vote on rolling back Title II net neutrality regulation under the Communications Act, spokespersons said Monday after calls for delay. In a news conference Monday, Democrats New York Attorney General Eric Schneiderman and FCC Commissioner Jessica Rosenworcel urged Pai to wait until questions, including questions about millions of allegedly fake comments, are fully investigated. Rosenworcel said the process lacks integrity. Some senators sought delay, which USTelecom opposed (see 1711290032).
Bitter partisan debate broke out during a markup session Friday over controversial identity disclosure rules included in a just introduced House Intelligence Committee bill (HR-4478) to renew Section 702 Foreign Intelligence Surveillance Act (FISA) authority expiring Dec. 31. The bill was introduced Thursday and set immediately for markup (see 1711300057), a move committee Democrats and outside stakeholders said didn't give them time for review. Democrats offered a few amendments that failed to pass, then the committee voted 13-8 along party lines to pass the FISA Reauthorization Amendments Act. The bill angered House Judiciary Committee leaders, who spent months working on their separate and bipartisan USA Liberty Act (HR-3989) (see 1711080045).
The Advisory Council on Historic Preservation doesn't see huge red flags raised by the FCC's proposed ACHP program comment about antenna collocation not needing National Historic Preservation Act Section 106 review, which could bring long-discussed collocation on twilight towers closer to reality. The agency's draft public notice (PN), on this month's meeting agenda (see 1711220026), "seems to be a reasonable first start," ACHP Office of Federal Agency Programs Director Reid Nelson told us. The FCC has a wide array of other broadband infrastructure deployment issues it could tee up next, experts said.
The state commissioner spearheading an ethics code for Arizona Corporation Commission members said he’s looking at a wide spectrum of issues and plans to seek extensive public feedback on a soon-to-be released draft. While the code is still a work in progress, another ACC commissioner and two government watchdogs voiced skepticism that the code will strongly enough address alleged problems including influence of campaign contributions from regulated utilities. The ACC is weighing ethics as a court hears a case about alleged “dark money” contributions to some Arizona commissioners and after two recent ACC chairs were investigated for misbehavior.
The FCC pushed back the launch of a Lifeline national verifier of consumer eligibility for the low-income USF support program, citing the need to address security issues. The initial implementation of the national verifier, scheduled this month in six states, is being postponed until "early 2018," said a Wireline Bureau public notice Friday in docket 11-42.
The FCC is considered likely to grant requests from stations in Puerto Rico and the U.S. Virgin Islands for permission to move to their post-auction channel assignments early (see 1711150038), Gray Miller broadcast attorney Todd Gray told us. Two more TV stations in Puerto Rico joined the group of 15 stations in Puerto Rico and one in the U.S. Virgin Islands requesting the relief Friday, according to a letter in docket 16-306.