For her final meeting, FCC Chairwoman Jessica Rosenworcel appears poised to follow an approach closer to that of former Chairman Tom Wheeler at the end of the Obama administration than of Ajit Pai when the first Donald Trump presidency concluded. Rather than scheduled votes, the Jan. 15 open meeting will feature commission staff leading four presentations (see 2412230045).
Howard Buskirk
Howard Buskirk, Executive Senior Editor, joined Warren Communications News in 2004, after covering Capitol Hill for Telecommunications Reports. He has covered Washington since 1993 and was formerly executive editor at Energy Business Watch, editor at Gas Daily and managing editor at Natural Gas Week. Previous to that, he was a staff reporter for the Atlanta Journal-Constitution and the Greenville News. Follow Buskirk on Twitter: @hbuskirk
Four major trade associations urged that the U.S. Supreme Court reject arguments that a lower court can review an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. That view largely supports U.S. government arguments on the important role the act plays (see 2412240022). SCOTUS is scheduled to hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.
Verizon and Frontier urged the FCC to move forward on their $20 billion all-cash deal announced in September (see 2409050010). Verizon is buying the smaller provider. “No parties have opposed the Transaction, identified any public interest harms, or otherwise contested whether it will bring myriad benefits to consumers across the country,” the companies said in a filing posted Tuesday in docket 24-445. They called on the FCC to reject proposed conditions that the Communications Workers of America, Intrado Life & Safety and the Coalition for IP Network Transition requested (see 2412100021). The proposed conditions are “unfounded and contrary to law,” the filing said. None are “'transaction-specific’ but instead merely consist of the ‘wish lists’ of parties who seek industry-wide reforms that are more appropriately pursued in separate rulemaking proceedings.” The requests “fly in the face” of precedent for both the FCC and U.S. Court of Appeals for the D.C. Circuit. The companies’ October public interest statement (see 2410160049) “explained how the Transaction will increase the reliability of Frontier’s network, improve the customer experience, and bring enhanced benefits to local communities within the Frontier footprint,” they added: “No commenter disputes these benefits.” The filing sought quick FCC action, citing the FCC’s 2017 approval of CenturyLink's buy of Level 3. The filing cited the comments of Commissioner Brendan Carr, tapped as the next FCC chair. “I am … glad that the standard of review and public interest framework in today’s decision make it clear that this Commission will be adhering to the Communications Act and longstanding FCC precedent as it reviews proposed transactions.” In addition, Carr said transaction approvals shouldn’t “extract extraneous concessions from parties.”
The U.S. government, in an amicus brief filed Monday, asked the U.S. Supreme Court to reject arguments that a lower court can parse an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. SCOTUS will hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.
AT&T said Monday the FCC approved its proposal to to initially stop new sales and then discontinue residential local service in nine Oklahoma wire centers. The proposal was deemed granted Saturday after the agency didn’t take further action. The Communications Workers of America slammed the development.
The Government Wireless Technology & Communications Association (GWTCA) and state groups asked the FCC to delay a requirement that current 4.9 GHz licensees provide it with granular licensing data not later than June 9, or face cancellation of their licenses. Proponents of the delay were optimistic on Monday that the FCC would approve the stay.
FCC Chairwoman Jessica Rosenworcel appears intent on closing several outstanding wireless issues in her final weeks at the helm, but industry experts said it appears unlikely she will tackle controversial items or launch anything. That approach differs from the way former FCC Chairman Ajit Pai conducted business at the end of the first Donald Trump presidency.
CTIA announced Thursday that President-CEO Meredith Baker will step down next year, with the expiration of her contract. Former FCC Chairman Ajit Pai, a partner at private-equity firm Searchlight Capital, is among the early rumored candidates to succeed her. Speculation has also surrounded Brad Gillen, a CTIA executive vice president who joined the group 10 years ago and also worked for Baker when she was an FCC commissioner. Pai declined comment Thursday.
Judges appeared to differ Thursday as the 6th U.S. Circuit Appeals Court heard an ISP petition to overturn the FCC’s controversial data breach notification rules, which commissioners approved 3-2 a year ago (see 2312220054). Commissioners Brendan Carr and Nathan Simington dissented (see 2312130019). In 2017, a Congressional Review Act resolution of disapproval rescinded similar regulations that were part of the commission's 2016 ISP privacy order (see 2312200001).
FCC commissioners unanimously approved an order Wednesday amending the commission's letter of credit (LOC) rules for providers receiving high-cost USF support, moving away from reliance on the Weiss rating system. The order affects participants in the Connect America Fund Phase II and Rural Digital Opportunity Fund programs and those receiving support for Puerto Rico and U.S. Virgin Islands. The order saw tweaks at the request of Commissioner Anna Gomez, officials said.