FSF, IEEE Committee Disagree on Best Approach for FCC on Section 7 Rules

The Free State Foundation urged the FCC to move forward on rules implementing Section 7 of the Communications Act, requiring prompt review of proposals for “innovative” new technologies and services. The FCC sought comment in February, over objections by Commissioners Mignon Clyburn and Jessica Rosenworcel (see 1802220045). Initial comments were due Monday in docket 18-22. The IEEE 802 LAN/MAN Standards Committee was more circumspect. “We agree with the goal of avoiding unnecessary delay in consideration of new technologies,” it commented. “In some cases an assessment of the impact of a new technology on existing technologies, including licensed incumbents, may be difficult to complete within one year. We urge the Commission to reiterate that the quality of such assessments will not be compromised.” The committee produces standards for wireless networking devices. FSF said the FCC should adopt “a rebuttable presumption that applications and permits determined by the Commission to offer a ‘new technology or service’ within the scope of Section 7 are in the public interest absent clear and convincing evidence to the contrary.” It urged a “deemed granted” trigger if the FCC fails to act on the merits within one year.