Federal Communications Commission (FCC)

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.

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.

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.

California broadband legislation appeared stuck hours before Monday’s legislative deadline. Assembly Speaker Anthony Rendon (D) won’t allow a vote despite agreement between the Senate and Gov. Gavin Newsom (D), said supporters of SB-1130 by Sen. Lena Gonzalez (D). “We are still trying to get something done on broadband before midnight,” George Soares, aide to Gonzalez, emailed us Monday. Failure would mean the internet speed standard under the California Advanced Services Fund (CASF) stays 6/1 Mbps, and the dwindling fund won’t get more cash.

A trio of House Communications Subcommittee Democratic members from California -- Vice Chair Doris Matsui, Anna Eshoo and Jerry McNerney -- is seeking an FCC briefing “as soon as possible” on the communications-related impacts of recent wildfires and rolling blackouts in that state. The wireless industry amid the wildfires has been seeking a rehearing on a California Public Utilities Commission order requiring 72-hour backup power in certain high-threat fire areas (see 2008200038). The communications impacts of the wildfires and blackouts are especially concerning because “these events are taking place during the COVID-19 pandemic,” the three said in a letter to FCC Chairman Ajit Pai. “Communications outages mean that people are unable to call 9-1-1, let their loved ones know that they are safe, or receive lifesaving alerts, which may include information about alternative wildfire evacuation routes or other information specific to evacuations during the pandemic.” The lawmakers “strongly urge and expect your agency, which is charged with overseeing our nation’s communications networks to promote public safety, to be taking all possible steps to monitor the situation and help ensure that Californians stay connected during this time.” They want the FCC briefing to include information on wildfire and blackout-related outages in California reported to the agency since Aug. 14 and commission actions to monitor the situation and work with the state government and telecom providers. The Democrats also want to know about situations in which wireless emergency alerts were used to issue warnings and provide information on wildfires and the extent to which the FCC is working with the Federal Emergency Management Agency and others to ensure the WEA system is used “appropriately to protect the public” during the wildfires. The FCC didn’t comment.

Some lawmakers and advocates believe Capitol Hill’s inability to agree on an additional COVID-19 aid bill that includes broadband funding presents an opening for the issue to become a focus during the presidential and congressional campaigns this fall, they told us. Congress provided some related funding in March via the Coronavirus Aid, Relief and Economic Security Act (see 2003250046).