Federal Communications Commission (FCC)

A Tuesday Senate Communications Subcommittee hearing on broadband provisions in President Donald Trump's infrastructure legislative proposal discussed how the plan would deal with streamlining broadband-related regulations and funding to encourage deployments. Senators reserved their strongest criticisms for the state of connectivity data collection and mapping. All three issues were among those expected to be covered (see 1803120054). Secretaries of Transportation Elaine Chao, Agriculture Sonny Perdue and Commerce Wilbur Ross are among those expected to testify at a Wednesday Senate Commerce Committee hearing that also could involve broadband provisions in Trump's plan.

The Trump administration put the spotlight on violent media after last month's school shooting in Parkland, Florida, but experts see big First Amendment hurdles to FCC or congressional action aimed at addressing such content. One big issue is defining violent media in a way that can be consistently and reliably applied, emailed broadcast lawyer David Oxenford of Wilkinson Barker, noting that the same violent act is seen very differently in the context of a live-action show versus a Looney Tunes cartoon. The White House last week hosted a closed-door meeting on media violence, focusing largely on video games (see 1803080067).

A federal court set oral arguments for May to consider two FCC cases. The U.S. Court of Appeals for the D.C. Circuit May 7 will hear Sorenson Communications and Video Relay Services Consumer Association challenges to the commission's 2017 video relay services rate order, said a Friday court order (in Pacer) in Sorenson v. FCC (No. 17-1198) (see 1802200021). The court May 17 will hear PMCM TV's petition seeking restoration of a channel originally assigned to its WJLP Middletown Township, New Jersey, said another order (in Pacer) in PMCM TV v. FCC (No. 17-1209) (see 1803050038).

FCC Chairman Ajit Pai’s proposed order streamlining wireless infrastructure rules could be headed for a 3-2 vote at commissioners’ March 22 meeting (see 1803010047), FCC and wireless industry officials told us. Mignon Clyburn and Jessica Rosenworcel are expected to dissent, or partially dissent, given concerns about the order, particularly by Native American groups, the officials said. Little definitive word is likely from either office before the meeting, and both are said to be still looking more closely at the order with two weeks to go. Rosenworcel has been on travel nonstop since the order circulated, an aide said. The FCC didn’t comment.

Any requests for a stay of the FCC net neutrality repeal are complicated in the near term by the considerable delay in its effective date, parties and observers told us. The "internet freedom" order undoing net neutrality regulation won't take effect until the Office of Management and Budget approves the commission's modified ISP transparency (disclosure) rules under the Paperwork Reduction Act, a process that is expected to take at least a few months. A stay movant would have to show there's some likelihood of immediate irreparable harm and success on the case's merits, among other factors.

The FCC released a draft order that would streamline wireless infrastructure rules in keeping with the push that started in the early days of the Ajit Pai chairmanship. Pai blogged Thursday that the changes are critical to 5G. Commissioner Brendan Carr, heading the FCC’s wireless infrastructure push, already highlighted many of the changes in a speech Wednesday (see 1802280031). A key American Indian group raised initial concerns. Among other items up for a vote at the March 22 meeting, as expected, are a Further NPRM on the 4.9 GHz band, changes to cell booster rules and deregulation for when satellite stations' parents have ownership changes. The meeting will start at 9:30 a.m., an hour earlier than normal.

Revamp, don’t repeal Alaska USF, urged the telecom industry and Alaska’s attorney general in comments this week in docket R-18-001 at the Regulatory Commission of Alaska. The RCA last month proposed phasing out AUSF by July 31, 2019 (see 1801160014). The Alaska Telephone Association (ATA), Alaska Communications (AC) and the AG office rejected that and pitched alternatives. AUSF surcharges -- 19 percent this year -- “will almost certainly continue to rise,” a lawmaker said. The federal USF contribution factor for Q1 is 19.5 percent.

The FCC’s Communications Security, Reliability and Interoperability Council will have its first meeting of the year March 28, 1-5 p.m., in the Commission Meeting Room at FCC headquarters. CSRIC last met in December (see 1712120036). The meeting is the fourth of CSRIC VI, said a notice set for publication Monday in the Federal Register.

Net neutrality litigation flared Thursday after Federal Register publication of the FCC’s December "Restoring Internet Freedom" order, as expected (see 1802210057). New York Attorney General Eric Schneiderman (D) announced he and 22 other Democratic AGs filed their petition for review at the U.S. Court of Appeals for the D.C. Circuit. The order is “arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act,” and violates the Constitution, Communications Act and notice-and-comment rulemaking requirements of 5 U.S. Code § 553, the AGs said.

Commissioners approved 5-0 an NPRM on spectrum above 95 GHz for new services and technologies, opening a “spectrum horizons” proceeding. Industry has shown little interest (see 1802200058), but Chairman Ajit Pai said Thursday the FCC shouldn’t be deterred. After the meeting, commissioners clashed over the lack of scheduled auctions for any bands.