Senate Commerce Committee Chair Maria Cantwell, D-Wash., stopped short Tuesday of agreeing to a push from Communications Subcommittee ranking member John Thune, R-S.D., for a full re-vetting of FCC nominee Gigi Sohn, after her re-selection to be the commission’s third Democrat (see 2301030060). Other Sohn supporters, meanwhile, hailed her renomination and urged the Senate not to unnecessarily delay advancing her. President Joe Biden first nominated Sohn to the FCC in October 2021 (see 2110260076), but her confirmation process never made it past the committee level. Senate Commerce tied 14-14 on advancing her in March (see 2203030070), leading to a monthslong stall.
The FCC released a long-expected NPRM Wednesday seeking comment on proposed service rules allowing the use of the 5030-5091 MHz band by drones, which was approved by commissioners Dec. 23 (see 2212230035). Commissioner Geoffrey Starks said the NPRM takes a broad look at the use of spectrum by unmanned aircraft systems. It asks more than 160 questions about future use of the band and other spectrum by drones.
The House is set to vote Friday on passing the FY 2023 appropriations omnibus package (HR-2617), which would extend the FCC’s spectrum auction authority through March 9 in lieu of a spectrum legislative deal that got objections (see 2212200077) from Sen. Mike Rounds, R-S.D. The Senate voted 69-29 Thursday to pass the omnibus, which also includes increases in federal funding for the FCC, FTC, NTIA, other Commerce Department agencies, the DOJ Antitrust Division and CPB (see 2212210077). The House, meanwhile, passed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) on voice votes a day after the Senate cleared both measures.
In a busy end-of-year meeting, the FCC tackled digital discrimination, IP captioned telephone services rates and the space application review process, all with unanimous votes by commissioners. Commissioners also approved a record-setting fine for alleged robocalls, at Wednesday's meeting.
The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).
Sen. Mike Rounds, R-S.D., who sank a bid by telecom-focused congressional leaders to attach a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related telecom priorities to the FY 2023 appropriations omnibus measure (see 2212190069), claimed Tuesday that DOD faced outside pressure to agree to back the proposal. Rounds vowed to continue opposing future attempts to weaken DOD's authority to manage its spectrum holdings.
A state appeals court ordered the Oregon Public Utility Commission to reconsider an order denying payphone providers refunds from Lumen. The Northwest Public Communications Council (NPCC), a regional payphone provider association, asked the PUC to order Lumen to issue refunds for payphone rates that its predecessor Qwest charged payphone companies between 1996 and 2003, saying the charged rates didn’t comply with federal law. “The PUC's prior orders in this docket neither require nor preclude the requested refunds and … we cannot say whether state and federal law require the PUC to order the requested refunds,” Oregon Appeals Court Judge Darleen Ortega wrote in Wednesday’s decision (case A166810). “However, because we conclude that the PUC relied on factual findings that are not supported by substantial evidence, we reverse Order No. 17-473 and remand to the PUC for reconsideration.” The PUC hasn’t determined if the pre-2003 rates complied with federal law, said Ortega. “Under the applicable regulatory scheme, the PUC does not have discretion to simply ignore NPCC's allegations that Qwest's pre-2003 payphone rates violate section 276” of the 1996 Telecom Act, she said. “And if, after proper inquiry, the PUC finds that Qwest's pre-2003 payphone rates exceeded that allowed by federal law and amount to 'unjust and unreasonable exactions,' the PUC has a duty to protect ratepayers, including NPCC's members, by providing some appropriate remedy,” which “may include ordering refunds for overcharges.” The Oregon PUC "will be reviewing the order and will take appropriate action based on the court’s decision," a spokesperson said Monday. Lumen declined to comment.
Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
Industry urged the FCC to facilitate the transition to IP networks for caller ID authentication. Many said there's no need to establish rules allowing for caller ID authentication on non-IP networks and cited TDM tandem switches as one of the main obstacles to fully implementing Stir/Shaken technology. Comments were posted Tuesday in docket 17-97 (see 2210270046).
Industry companies and groups disagreed sharply on the best way for the FCC to open the 12.7 GHz band for other users, and whether it should be offered for exclusive-use licenses or be the next big sharing band. Band incumbents urged caution. Comments were due Monday and posted Tuesday in docket 22-352. The FCC approved a notice of inquiry in October on what others call the 13 GHz band (see 2210270046).