An industry lobbyist confirmed that a draft version of FCC reauthorization legislation from Senate Commerce Committee Chairman John Thune, R-S.D., is circulating among industry representatives. He verified reviewing a 14-page draft bill, fitting with what other lobbyists have heard may be coming. Thune told us last week that the development of a draft was underway and said it likely would be uncontroversial, if not final and ready to be released. A different industry lobbyist told us that this draft was leaked and that it was not expected to be released publicly until later in June at the earliest. The draft legislation would include such provisions as modifying the sunshine rules to allow FCC commissioners to talk more easily with one another and compel a GAO report “on the current regulatory fee assessments and adjustment process of the Federal Communications Commission,” as the draft text said. The FCC would have to create a pending item database, according to the draft, which also includes language on the agency’s notice of apparent liability process and on when the agency may impose a forfeiture penalty. The draft includes language that would reauthorize the FCC for FY 2016 and 2017 but doesn't include budget dollar figures with the reauthorization draft. It also has a section that would require the FCC to include, in dealing with items that may be economically significant, “identification and analysis of the specific market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the proposed or adopted rule or amendment” and “a reasoned determination that the benefits of the proposed or adopted rule or amendment justify the costs (recognizing that some benefits and costs are difficult to quantify), taking into account alternative forms of regulation and the need to tailor regulation to impose the least burden on society, consistent with obtaining regulatory objectives.” The FCC hasn't been reauthorized since 1990.
Older, sector-specific laws such as those regulating health and financial information are good for protecting consumer data that stays in those respective silos, but the modern era of ubiquitous data collection means that no longer happens, said FTC Commissioner Julie Brill on a panel at the Techonomy Policy Conference Tuesday.
Public Knowledge and VoIP company Bandwidth.com are concerned about an FCC draft order that would give VoIP providers the ability to obtain phone numbers directly from numbering administrators, an action which is on the tentative agenda for the June 18 meeting (see 1505280059). Public Knowledge said the FCC should not give phone numbers directly to VoIP providers unless it can ensure it has the jurisdiction to safeguard the numbering system and network security. Bandwidth.com said it had concerns about the FCC's VoIP numbering plans without the benefit of further analysis, given that the change would touch "virtually every aspect of voice communications regulation." Level 3 said the FCC needed to take steps to ensure competitive LECs can collect intercarrier compensation if VoIP providers obtain numbers directly.
A big fight is expected at the FCC as the agency considers a declaratory ruling on the Telephone Consumer Protection Act, slated for a vote at the commission’s June 18 meeting (see 1505270048), FCC and industry officials told us. Commissioners Ajit Pai and Mike O’Rielly have major concerns with the order, which was cast by Chairman Tom Wheeler as being strongly pro-consumer. The FCC’s item on Lifeline changes is also expected to divide the commission (see 1506010045).
Industry stakeholders universally praised the FCC Communications Security, Reliability and Interoperability Council (CSRIC) report on communications sector cybersecurity risk management for recommending voluntary processes and assurances, with Motorola Solutions saying in comments posted Monday that those recommendations “strike an appropriate balance” between assuring cybersecurity protection and reflecting the interests of all stakeholders. The CSRIC report, adopted in March, was meant to adapt the National Institute of Standards and Technology’s Cybersecurity Framework for communications sector use (see 1503180056). Industry groups CTIA and TIA similarly praised the CSRIC report for providing important guidance to the sector (see 1505290042). A separate Department of Commerce Internet Policy Task Force (IPTF) proceeding (see 1504090049 and 1503160059) on possible cybersecurity topics the IPTF should address through multistakeholder work drew multiple filings urging the IPTF to factor the NIST framework into its process.
Lifeline legislation is on deck for discussion Tuesday in a Senate Communications Subcommittee hearing. Lawmakers have offered conflicting reactions on whether to expand the program. The FCC is planning a June vote on a proposal to expand the Lifeline program to address broadband service (see 1505280037).
FCC Chairman Tom Wheeler’s proposal for changing the $1.7 billion USF Lifeline program to cover Internet access could face some resistance from FCC Republicans, industry officials told us Monday. An order and further rulemaking on Lifeline are teed up for a vote at the FCC’s June 18 meeting (see 1505280037). Wheeler proposed an examination of a cap on the program as part of the proposal circulated last week to commissioners. The Senate Communications Subcommittee plans a hearing on Lifeline Tuesday (see 1506010050) The Lifeline item is lengthy and various commissioner offices were still taking a closer look as of Monday, FCC officials said.
FCC Enforcement Bureau Chief Travis LeBlanc said Thursday the commission would not regulate the Internet through its net neutrality rules and broadband reclassification but would oversee the telecom “pipes” through which Internet traffic flows. He also said that his bureau is focused on heading off harm to consumers and competition, and that he expects the FCC to continue to be active on privacy and data security issues. LeBlanc was questioned by Hogan Lovells attorneys during a webinar held by the law firm.
Four House leaders have begun what are likely to be ongoing meetings with the Department of Transportation, the FCC and NTIA on how to best share spectrum, if at all, in the upper 5 GHz band. The bipartisan heads of the House Commerce Committee and Communications Subcommittee announced interest in such meetings April 20 and schedules finally aligned to allow the first meeting to happen last week. The crux of the upper 5 GHz band debate involves automotive interests that hold the spectrum for intelligent transportation systems and others who want to use that spectrum for unlicensed purposes, an occasionally contentious source of debate for years that has led to testing efforts now.
The White House sent a message Thursday saying FCC Commissioner Jessica Rosenworcel's renomination for a five-year commissioner term was sent to the Senate, following an earlier message Wednesday announcing the administration’s intent to do so. "Jessica Rosenworcel, of the District of Columbia, to be a Member of the Federal Communications Commission for a term of five years from July 1, 2015. (Reappointment)," the renomination said. Earlier Thursday, a Senate aide had told us that the Senate hadn't received any formal renomination paperwork. Rosenworcel, a Democrat, is expected to face a hearing eventually (see 1505210047). Her term expires June 30, and she’s empowered as a commissioner through the end of next year even without Senate action. Industry groups applauded the news, from the American Cable Association to CEA to NTCA.