Federal Communications Commission (FCC)

The FCC received mixed reaction as it sought to refresh the record on broadband access in multi-tenant environments, in comments posted through Thursday in docket 17-142 (see 2109070047). Many telecom and consumer groups urged to limit or outright exclusivity agreements and other practices that limit MTE options for ISPs and consumers. Others argued against additional regulation.

Broadcasters, cable groups and emergency alerting companies resisted FCC suggestions for persistent emergency alert system warnings and changes to alerting codes. “It is simply not feasible to incorporate these changes cost-effectively into the existing, well embedded system,” said NCTA. Comments were due Tuesday in docket 15-94.

Witnesses praise a dozen communications-focused bills set to be the focus of a Wednesday House Communications Subcommittee hearing, in written testimony. The subpanel intends the dozen bills, including the Spectrum Coordination Act (HR-2501) and Spectrum Innovation Act (HR-5378), to highlight bipartisan cooperation on the House Commerce Committee, lobbyists said. At least one witness backs the bipartisan Infrastructure Investment and Jobs Act (HR-3684) and parts of the Democratic-sought budget reconciliation package, which could inject talk of the fracas over the timeline for considering those measures into the hearing, lobbyists said.

FCC commissioners OK’d a Further NPRM on the future of the 4.9 GHz band 4-0, as expected (see 2109280051), and an order that reverses an order from last year giving control of the spectrum to the states. It also partially lifts a licensing freeze on the band. Commissioner Brendan Carr voted at Thursday's commissioners meeting for the FNPRM but concurred on overturning the original order adopted 3-2 under Republicans over dissents then by now-acting Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks.

FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).

Boosting broadband access and digital equity will be local government priorities in the year ahead, especially with federal infrastructure money expected to come to states, NATOA President Brian Roberts and General Counsel Nancy Werner said in an interview during the association’s annual conference. Our survey found general member support for meeting virtually.

Comcast wants to chat with local government associations about why only cable operators pay franchise fees, said Senior Vice President-Government Affairs Klayton Fennell Wednesday at NATOA’s virtual annual conference. Localities haven't had impacts from two recent court decisions on public, educational and government (PEG) channels, NATOA officials said in an interview. FCC staffers updated NATOA on local-federal engagement efforts.

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.