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.
Adopt NTIA’s petition for rulemaking on Communications Decency Act Section 230, Republican state attorneys general commented to the FCC posted Thursday in RM-11862 (see 2009020064). Tech, telecom and consumer groups again largely said the FCC shouldn't consider the petition, saying the FCC and NTIA are exceeding their jurisdiction and expertise. The AG group was formed by Texas’ Ken Paxton, Indiana’s Curtis Hill, Louisiana’s Jeff Landy and Missouri’s Eric Schmitt. The petition clarifies 230's scope and empowers states without undermining protections for moderation of “traditionally regulated content,” they wrote: It promotes freedom of speech by “ensuring competition through transparency.”
A big Democratic win in November could lead to a reversal on last year’s cable local franchise authority order, but don’t assume the next FCC or Congress will act, local government officials said Wednesday at a NATOA virtual conference. Localities challenging the order in the 6th U.S. Circuit Court of Appeals say a decision is possible next year (see 2009010053). The pandemic could affect the issue’s politics, said panelists and other attendees.