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).
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 Communications Security, Reliability and Interoperability Council meets Dec. 12, 1-5 p.m., in the FCC commission meeting room, says Tuesday's Federal Register.
Rep. Anna Eshoo, D-Calif., spoke on the House floor Friday to urge her colleagues to oppose the FCC's draft order to rescind its 2015 net neutrality rules. Meanwhile, House Communications Subcommittee ranking member Mike Doyle, D-Pa., was seeking fellow House members' signatures on a draft letter he intends to send to FCC Chairman Ajit Pai urging him to delay consideration of the draft order, which the commission is to vote on at its Dec. 14 meeting (see 1711210020 and 1711220026). Congressional Democrats have strongly opposed the proposal since its late November release, cementing expectations that Capitol Hill won't be able to reach a legislative compromise on net neutrality during this Congress (see 1711210041 and 1711270054). “The internet belongs to all of us, not just the big ISPs,” Eshoo said Friday. She warned that the draft order “removes the FCC as the cop on the beat” on net neutrality, meaning there would be “nothing to stop” ISPs from “slowing or blocking a website or charging consumers more to access certain content.” The existing net neutrality rules “have been upheld in Federal Court and public opinion polls show strong support from all sides of the political spectrum,” Doyle said in a letter seeking colleagues' signatures on his pending Pai missive. “During the FCC’s public comment process to repeal the Open Internet Order, the Commission received more than 22 million comments that overwhelmingly called for the Commission to leave the current rules in place.”
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.
Legal challenges to an FCC draft "internet freedom" order face a daunting task, said supporters of Chairman Ajit Pai's proposals, and one analyst agreed, but some net neutrality advocates are more hopeful of a challenge's prospects. Pai last week circulated a draft to undo Title II broadband classification and net neutrality regulation under the Communications Act, and is planning a Dec. 14 vote; fellow Republican commissioners are supportive, minority Democrats opposed (see 1711220026 and 1711210020).
Congressional Democrats expressed anger at FCC Chairman Ajit Pai’s plan to lift net neutrality rules (see 1711210020), as some Republicans and industry groups sought congressional action. The Commerce committees' Republicans sought a legislative solution, while praising Pai’s light-handed approach. ISPs and free-market groups endorsed the plan as helpful for consumers, and tech groups predicted harmful impacts. State and local officials told us of concerns about likely pre-emption of state and local broadband regulation (see 1711200054) setting off alarms in several mostly blue states.
FCC commissioners voted 3-2 to approve a Lifeline item to begin to revamp again the low-income subsidy program, going in a different direction than a 2016 overhaul. Chairman Ajit Pai and Republican colleagues said the combined orders and notices would crack down on program abuse and better target funding to those consumers and areas that really need it, while promoting facilities-based deployment. Dissenting Democrats said the actions and proposals would effectively gut the program and widen the digital divide. Congressional Democrats also hammered the moves.
With FCC having hired Matthew Duchesne as chief, Office of Native Affairs and Policy (see 1711130036), acting Chief Lyle Ishida remains for some time in ONAP to assist with transition and then remains in Consumer and Governmental Affairs Bureau "in another position yet to be announced," spokesman says ... Pennsylvania Public Utility Commission adds Norman Kennard as a commissioner after Senate OK'd 49-0; he succeeds Robert Powelson, resigned upon confirmation to the Federal Energy Regulatory Commission (see 1708040038); Kennard’s term expires March 31, 2019.