Congressional Democrats are returning from a month-plus recess more willing to vent frustrations over President Joe Biden’s delay in announcing nominees to two Democratic FCC seats. They cite growing concerns the sometimes-lengthy Senate confirmation process could result in the current 2-2 split commission switching to a 2-1 GOP majority in January. Acting Chairwoman Jessica Rosenworcel’s term expired in June 2020, meaning she would have to leave Jan. 3 absent Senate reconfirmation.
Delay in getting a fifth member on the FCC is preventing the commission from acting on some key issues for local governments, said NATOA annual conference panelists Tuesday. Localities may need to explore new ways to maintain franchise fee revenue as more people cut pay TV for over-the-top services like Netflix, said others.
Acting FCC Chairwoman Jessica Rosenworcel said Wednesday she’s deferring to Congress in deciding how to parcel out the proposed $65 billion in broadband money included in the Senate-passed Infrastructure Investment and Jobs Act (HR-3684). She sidestepped questions during a virtual Politico event about whether senators’ decision to parcel out the bulk of connectivity funding in HR-3684 to NTIA indicates a lack of faith in the commission. Capitol Hill leaders said during the event they continue to push for lawmakers to pass a national privacy standard and revamp Communications Decency Act Section 230 during this Congress.
FCC Commissioner Brendan Carr, the biggest question mark as the agency considers a draft order and Further NPRM on the 4.9 GHz band, indicated Wednesday he may support a proposal to take another look at the band, teed up for a Sept. 30 commissioner vote. Carr was the lone dissenter (see 2105270071) when the FCC stayed rules OK’d last year giving states control.
USTelecom promotes Trevor Jones to vice president-government affairs ... Analog Devices taps Janene Asgeirsson from Acacia Communications as senior vice president-chief legal officer and corporate secretary ... International Trade Commission promotes Monica Bhattacharyya from its Office of Unfair Import Investigations to administrative law judge for Tariff Act Section 337 patent infringement cases.
The FCC got pushback from some satellite operators for creating different subcategories of non-geostationary orbit (NGSO) regulatory fees, with different fee amounts. Any challenge to that aspect of the FY 2021 regulatory fee order adopted late last month (see 2108270072) is in limbo, satellite industry officials told us last week. Industry lawyers said there's no impetus to mount a protest or rejoinder now since it seemingly won't affect payments this cycle because the fees are due later this month. Challenge to the NGSO subcategories could after the order's publication.
President Joe Biden to nominate Willie Phillips, chairman of the District of Columbia Public Service Commission, to the Federal Energy Regulatory Commission; he remains PSC chairman until he's confirmed at FERC, per a spokesperson for the DC agency ... Gov. Ron DeSantis (R) reappoints Arthur Graham and Andrew Fay to Public Service Commission; the governor's office says "each reappointment is for a four-year term and is subject to confirmation by the Florida Senate."
The California Public Utilities Commission delayed until Sept. 23 votes on items about Lifeline and enforcing conditions for Frontier Communications’ bankruptcy reorganization, showed a hold list released Tuesday. They were previously scheduled for Thursday’s meeting. The CPUC’s independent public advocate last month sought a delay in updating California LifeLine wireless minimum service standards until the commission considers the impact of the federal Lifeline MSS increasing Dec. 1 to 18 GB (see 2108270049). The CPUC previously delayed the Frontier item, originally scheduled for the Aug. 19 meeting, after Frontier said the proposal would violate the law and the Constitution (see 2108060021). Frontier declined to comment Wednesday.
California Public Utilities Commissioner Martha Guzman Aceves worries about the cable industry creating “false problems” that distract legislators from efforts to update the California Advanced Services Fund (CASF), she said in an interview. With CASF bills expected to be up for floor votes in days, California Cable & Telecommunications Association (CCTA) President Carolyn McIntyre blogged Friday that the legislature should force the commission to prioritize the most unserved areas (see 2109030065) as it considers how to direct broadband funding from a $6 billion bill. Some phone companies agreed with cable concerns, in Friday comments.
Cable and wireless industry officials urged quick action on pole access disputes when the Florida Public Service Commission starts regulating pole attachments next year. PSC staff heard testimony at a partially virtual Wednesday workshop about draft rules for handling pole attachment complaints, the agency's opening hearing on implementing a law enacted in June (see 2108120062). The rulemaking process will “lay out what the sandbox is going to look like,” said former PSC Chairman Ronald Brise in an interview.