Congress "should consider legislation to designate a leadership position in the White House with commensurate authority to implement and encourage action in support of the nation's cybersecurity," GAO reported Tuesday. The House-passed FY 2021 National Defense Authorization Act (HR-6395) includes language to establish a national cyber director within the executive office of the president (see 2007200067). The U.S. Cyberspace Solarium Commission also recommended that (see 2003110076). “In light of the elimination of the White House Cybersecurity Coordinator position” (see 1708030009), “it remains unclear which official ultimately maintains responsibility for not only coordinating execution” of President Donald Trump’s 2018 U.S. cyber strategy (see 1809200055) “but also holding federal agencies accountable once activities are implemented,” GAO said. “Without a clear central leader to coordinate activities, as well as a process for monitoring performance," the White House “cannot ensure that entities are effectively executing their assigned activities intended to support the nation’s cybersecurity strategy and ultimately overcome this urgent challenge.” GAO urged the National Security Council to "work with relevant federal entities to update cybersecurity strategy documents to include goals, performance measures, and resource information." NSC “neither agreed nor disagreed with GAO's recommendation,” the office said. GAO separately urged the State Department to “involve federal agencies that contribute to cyber diplomacy to obtain their views and identify any risks, such as unnecessary fragmentation, overlap, and duplication of these efforts, as it implements its plan to establish” a Cyberspace Security and Emerging Technologies (CSET) Bureau. It's "important for agencies to involve other agency stakeholders in developing proposed reforms to obtain their views,” the office said. “Without involving and communicating with agency partners on its reorganization plan, State lacks assurance that it will effectively achieve its goals for establishing CSET, and it increases the risk of negative effects from unnecessary fragmentation, overlap, and duplication of cyber diplomacy efforts.” State disagreed, saying "other agencies are not stakeholders in an internal State reform, and that it was [unaware] that these agencies had consulted with State before reorganizing their own cyberspace security organizations,” the auditor said.
Fred Moorefield, deputy chief information officer for command, control and communications, defended DOD’s recent request for information on spectrum sharing, which industry and FCC officials say raised questions as the commission moves toward a vote on the 3.45-3.55 GHz band. Moorefield spoke at NTIA’s virtual spectrum policy symposium. At a similar summit a year ago, officials promised the administration would soon release a national spectrum policy; it hasn't been unveiled.
Internet gaps exposed by COVID-19 are fueling calls by state policymakers to treat broadband like a utility. With federal preemption issues, the California Public Utilities Commission plans to “push the question,” said Commissioner Martha Guzman Aceves in an interview last week. Washington state’s net neutrality law author said he will seek to fully allow municipal broadband next year. A Michigan regulation bill might also return in 2021.
The FCC Advisory Committee on Diversity and Digital Empowerment has had to adjust its focus to grapple with COVID-19 and its outsize effects on minorities and small business owners, members told its Friday meeting. “We’ve had to tweak our plans,” said Beasley Broadcast CEO and Access to Capital working group head Caroline Beasley. “Getting access to capital to buy a broadcast property in the world of COVID is literally impossible.” The pandemic “illustrated as nothing else has the importance of connecting communities,” said FCC Chairman Ajit Pai.
The government's repository of regulatory actions and comment deadlines is experiencing delays publishing complex rules due to the COVID-19 pandemic and an “unusually” large number of documents submitted this year, said Katerina Horska, Office of the Federal Register legal affairs and policy director. The Federal Register typically publishes rules within three days of receiving items, but some “can take more than a month,” she emailed us Wednesday. “Given the unusually high volume of documents submitted since the beginning of this year, compounded with the number of emergency documents related to COVID-19 submitted over the past several months, lengthy and more complex documents are taking longer to publish.” The FTC is among communications agencies affected. Horska said FR staff processes documents “on a first-in, first-out system as much as possible,” but that process may be interrupted by emergency documents for the pandemic and the time it takes to work with agencies on edits. For “complex” documents that aren't designated as emergencies, “the backlog has only extended the usual processing time,” she noted. "The FTC has experienced delays of three to four weeks on rulemaking documents (proposed rules, final rules)," emailed a commission representative Thursday. "There have been no delays on notices." NTIA hasn't experienced slowdowns with its FR documents, most of which at that agency are routine and not of a regulatory nature, a rep said. The FCC declined to comment.
The debate over whether the FCC should allow nonfederal correctional facilities to jam contraband phones was reignited. CTIA said other solutions are enough. Seven Republican senators said jamming should be an option. Comments were filed Thursday in docket 13-111, in response to a July record refresh. Ajit Pai has expressed concerns about the danger of contraband devices since before he became commission chairman (see 1604060058). Two years ago, Pai convened a Contraband Phone Task Force (see 1904260029). Public safety experts said it’s unclear Pai will do more in his remaining time as chairman given a crowded agenda.
House Communications Subcommittee members in both parties delivered Thursday on expectations for a highly partisan FCC oversight hearing (see 2009160076) in which many lawmakers gave what they viewed as their final verdict on the commission’s performance under Chairman Ajit Pai. Democrats castigated what they saw as the FCC's missed opportunities on telecom policy, including not doing more to improve connectivity amid COVID-19. Republicans defended Pai as doing as much as he could under statutory authority. The House Commerce Committee’s own policy track record during this Congress came into question amid renewed pressure for a compromise on aid legislation.
A Thursday House Communications Subcommittee hearing is expected to feature partisan dueling assessments of the FCC's performance under Chairman Ajit Pai, capping off subcommittee Democrats’ often-rancorous relationship with commission Republicans this Congress (see 1901160031). Communications Democrats said the hearing will focus on FCC “lost opportunities” during President Donald Trump’s administration, including actions they say widened the digital divide (see 2009100066). The hearing begins at 10 a.m.
FCC Commissioner Mike O’Rielly’s future remains in limbo more than a month after President Donald Trump withdrew his renomination (see 2008030072), officials and lobbyists told us. Republican senators returned Tuesday from the August recess without a clear outcome from their push for Trump to reverse course (see 2008060062). Officials we spoke with indicated the White House hasn’t settled on a new candidate for the GOP seat.
FCC Chairman Ajit Pai outlined a busy agenda Tuesday for commissioners’ Sept. 30 meeting. It includes votes on 3.45-3.55 and 4.9 GHz, in what he described as a “Big Fall Kickoff.” Another order would slash IP captioned telephone service rates. Also on the agenda are two cable TV rules revisions, a draft order on secure telephone identity revisited (Stir) and secure handling of asserted information using tokens (Shaken) implementation, and a notice of inquiry on tackling 911 fee diversion by states.