Democratic FCC nominee Gigi Sohn told the FCC Thursday she will, if confirmed, recuse herself during the first three years of her term “from any proceeding before the Commission where retransmission consent or television broadcast copyright is a material issue.” Sohn’s recusal pledge appears to be the result of negotiations with Senate Commerce Committee leaders aimed at securing support from all 14 Democrats before a planned Wednesday panel vote to advance her nomination to the full chamber, lobbyists told us. Some panel Republicans pressed for concessions from Sohn over ethics concerns about her role as a board member for Locast operator Sports Fans Coalition (see 2201130071).
A draft FCC NPRM to adopt consumer broadband labels is expected to be unanimously approved during Thursday’s commissioners’ meeting, aides told us. The item is likely to take up the bulk of the meeting as most agenda items were adopted in advance (see 2201260016).
Democratic FCC nominee Gigi Sohn told the agency Thursday she will, if confirmed, recuse herself during the first three years of her term “from any proceeding before the Commission where retransmission consent or television broadcast copyright is a material issue.” Sohn’s pledge appears to be the result of negotiations with Senate Commerce Committee leaders aimed at securing support from all 14 Democrats ahead of a planned Feb. 2 panel vote to advance her nomination to the full chamber, lobbyists told us. Some panel Republicans had been pressing for concessions from Sohn over ethics concerns about her role as a board member for Locast operator Sports Fans Coalition.
State small-cells bill action is slowing in 2022, said wireless industry and local officials. With laws in 32 states and Puerto Rico to streamline 5G deployment by preempting local authority in the right of way (ROW), eyes have turned to New Jersey, which is trying again to pass a bill that missed the finish line last year amid local opposition. Idaho legislators could soon consider small-cell rules for state highways recommended by the state Transportation Department.
Oklahoma’s transition to a connections-based state USF contribution mechanism is “so far, so good,” said Brandy Wreath, the Oklahoma USF (OUSF) administrator, in an interview. Oklahoma Corporation Commission (OCC) members ordered the interim change in August to try to stabilize the OUSF while parties work on writing recommendations for the legislature (see 2108050049). In Tuesday comments at the California Public Utilities Commission, wireless companies and consumer groups panned a staff recommendation to shift to a flat, per-line surcharge.
Landline service quality standards should extend to broadband, VoIP and wireless, California’s Public Advocates Office said Wednesday. The PAO filed a petition asking the state Public Utilities Commission to open a rulemaking to treat all four communication types as essential services. The independent office within the CPUC also said the agency should change its current policy of letting carriers invest in their own networks the amount of proposed fines in lieu of paying those penalties. PAO cited “broad authority” for extending service quality standards under the California Constitution, PUC rules and state police power. Net neutrality decisions by the U.S. Court of Appeals for the D.C. Circuit and the U.S. District Court for Eastern California said the FCC 2018 order didn't preempt state action on broadband services, the office added. VoIP and wireless service providers are “telephone corporations” over which the commission has authority, the office said. “Congress left to the states the ability to regulate the terms and conditions of wireless service in order to protect customers.” A state law that banned the commission from regulating VoIP and IP-enabled services sunset Jan. 1, 2020 (see 1909120072), it said. Commissioner Cliff Rechtschaffen last week supported launching a rulemaking to review the penalty policy (see 2109230067). The PAO said the existing structure doesn't ensure compliance by the state's biggest telcos AT&T and Frontier Communications and isn’t “measurably improving service quality.” AT&T, the California Cable and Telecommunications Association, USTelecom and CTIA didn’t comment. Frontier and the Voice on the Net Coalition declined to comment.
Cable and wireless industry officials urged quick action on pole access disputes when the Florida Public Service Commission starts regulating pole attachments next year. PSC staff heard testimony at a partially virtual Wednesday workshop about draft rules for handling pole attachment complaints, the agency's opening hearing on implementing a law enacted in June (see 2108120062). The rulemaking process will “lay out what the sandbox is going to look like,” said former PSC Chairman Ronald Brise in an interview.
Regulatory fees for non-geostationary orbit satellites and a fight between cable and direct broadcast satellite operators dominated comments posted at the FCC Friday in docket 21-190 on proposed changes to regulatory fees. SpaceX slammed the FCC for trying to “allocate increased NGSO regulatory fees based on the 12 GHz rulemaking proceeding, which the NGSO operators strongly urged the Commission not to initiate.” Allocating fees “to the victims of such an effort” would be “inequitable” and “set a precedent that encourages speculation and gamesmanship,” SpaceX said.
Localities interests and allies see at least a short-term win with the FCC seeking to pause an appeal of its 2019 cable local franchise authority (LFA) decision, as the agency takes a fresh look at the order. They aren't sure the motion for abeyance filed with the 6th U.S. Circuit Court of Appeals means the agency will do a 180-degree turnabout on the order itself. A major issue with the rules and the odds of the agency doing anything about it is the deadlocked 2-2 FCC.
A House Communications Subcommittee hearing Wednesday appears likely to focus on promoting $7.6 billion in E-rate funding included in Commerce Committee-advanced language to be added to a coming COVID-19 budget reconciliation package (see 2102120066), plus other measures to improve broadband access during the pandemic. House Commerce Republicans unveiled an alternative broadband policy agenda Tuesday, which largely draws on bills they first filed last summer (see 2102120066).