President Donald Trump is continuing to select his federal judiciary nominees -- including Supreme Court nominee Brett Kavanaugh -- based in part on their views about what the president views as the overly broad legal underpinnings of regulatory agencies' power, including the Chevron and Auer/Seminole Rock doctrines, said White House Counsel Don McGahn Thursday at a Media Institute event. Trump nominated Kavanaugh Monday to replace retiring Justice Anthony Kennedy, raising expectations he will seek to rein in Chevron deference to agency expertise and influence the court's rulings on industry First Amendment free-speech rights and net neutrality (see 1807100020). Kavanaugh's meetings on Capitol Hill with senators continued Thursday, including with Sen. Shelley Moore Capito, R-W.Va.
Commissioner Mike O’Rielly split with fellow FCC Republicans Thursday to partially dissent from an order on emergency alert system testing and false alerts, over concerns about alert fatigue. Since lone FCC Democrat Jessica Rosenworcel voted in favor, it was approved 3 to 1. “If people come to expect that when those alert signals go off they may not be real, there is a very high likelihood that they will ignore potentially life-saving information.” O’Rielly said.
FCC Chairman Ajit Pai proposed rules providing a new framework for “the vast majority” of pole attachments under federal jurisdiction by imposing a one-touch, make-ready” (OTMR) regime. An accompanying declaratory ruling attacks local or state moratoriums on new wireless and wireline facilities. The order and declaratory ruling are set for a vote at commissioners’ Aug. 2 meeting (see 1807110053) along with items on broadcast incubators, repacking reimbursement, a telehealth item and a spectrum/5G auction-related action.
Commissioners approved 4-0 an NPRM and order Thursday that moves the U.S. a step closer to opening the C-band, key mid-band spectrum for 5G. The FCC will start by taking a snapshot of the 3.7-4.2 GHz band, though as expected the agency relaxed its reporting requirements for satellite companies from what was in the draft order (see 1807060025). Rather than asking for additional data from fixed satellite service earth stations, the FCC will require them only to certify that the information the agency has is up-to-date. Space station operators will have to provide basic information. The NPRM asks whether the FCC should seek additional data from satellite operators, officials said.
A possible FCC compromise on the draft kidvid NPRM didn’t materialize and the item was approved with a 3-1 party-line split Thursday (see 1807110051). Though Commissioner Mike O’Rielly acceded to a request from Commissioner Jessica Rosenworcel to edit the item to be free of tentative conclusions, Rosenworcel said Thursday the two sides couldn’t come to agreement. She praised O’Rielly’s willingness to negotiate and didn’t identify any other concessions she requested. “I was informed that even with these edits it was not sufficient to garner a bipartisan vote,” O’Rielly said. The version approved Thursday contains the same tentative conclusions as the draft item, O’Rielly and Media Bureau staff said.
A heated dispute over FCC changes to informal complaint procedures overshadowed commissioners' 3-1 approval of an order to streamline formal complaint processes. Dissenter Jessica Rosenworcel said the order effectively removes the agency from working to resolve informal complaints against companies, forcing consumers unsatisfied by company responses to file a formal complaint costing $225. "This is bonkers. No one should be asked to pay $225 for this agency to do its job," she said at Thursday's commissioners' meeting.
Tech interests fear ripple-effect consumer harms that may result from the Trump administration’s newest proposals to impose 10 percent Trade Act Section 301 tariffs on $200 billion worth of Chinese imports over intellectual property disagreements between the countries. The list of goods targeted for the 10 percent duties, released Tuesday in an Office of the U.S. Trade Representative notice, doesn't include meaningful end-user consumer tech products like TVs. Some networking gear was included, drawing concern from Commissioner Jessica Rosenworcel, CompTIA, CTA, the Information Technology Industry Council and Telecommunications Industry Association.
The tech industry’s lack of disclosure to the federal government about computer processor design flaws was “baffling” and “inexcusable,” said Senate Commerce Committee ranking member Bill Nelson, D-Fla., Wednesday during a hearing on Spectre and Meltdown vulnerabilities (see 1807100057). He told us later that Intel’s absence gives him little confidence industry will alert the government in a “timely fashion” on future vulnerabilities.
House Communications Subcommittee members focused as much during a hearing on how to shape privacy legislation to reflect changes in access to customer proprietary network information as they did on trading barbs over the Congressional Review Act resolution of disapproval effort that last year abolished ISP privacy rules (see 1806110054). The hearing had been aimed at the CPNI issue, with a trio of witnesses offering legislative recommendations in written testimony (see 1807030041, 1807090015 and 1807100063).
Commissioners are expected to approve an order streamlining Part 22 rules 4-0 at their Thursday meeting, FCC and industry officials said. Based on filings, no one has been in to visit to push for or against the cellular service order. When members voted to streamline Part 20 rules in December, only then-Commissioner Mignon Clyburn dissented. Commissioner Jessica Rosenworcel voted yes (see Notebook 1712140054).