Jimm Phillips

President Donald Trump is expected to nominate soon candidates to the three vacant FTC commissioner seats. They are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, chief counsel to Senate Majority Whip John Cornyn, R-Texas; and Paul Weiss antitrust lawyer Joseph Simons, a White House spokeswoman told us. Trump would designate Simons as FTC chairman if the Senate confirms him, the spokeswoman said.

The House Communications Subcommittee all but formally announced Friday it's planning an Oct. 25 FCC oversight hearing, publicly releasing invitations to FCC Chairman Ajit Pai and the other four commissioners. The subcommittee sought confirmation from commissioners by Friday. The hearing is to begin at 10 a.m. in 2123 Rayburn. House Communications sent out the invitations amid calls from top House Commerce Committee Democrats for a hearing at which they could pressure the FCC commissioners to “disavow” President Donald Trump's recent tweets and comments in which he threatened to challenge NBC licenses over the network's reporting on his administration's activities. But a House Commerce GOP aide told us planning for the FCC oversight hearing predated the Democrats' request by “several weeks.” Trump's comments were seen as a threat to the freedom of the news media but unlikely to lead to any action (see 1710110075). Trump doubled down Wednesday, tweeting that TV network news coverage “has become so partisan, distorted and fake that licenses must be challenged and, if appropriate, revoked. Not fair to public!” Trump's comments “alone may already be chilling free-speech across the country,” said Commerce ranking member Frank Pallone, D-N.J., and Communications Subcommittee ranking member Mike Doyle, D-Pa., Thursday: “That is why we and others have called on” Pai to disavow Trump's comments and to pledge not to follow through on threats to broadcasters' licenses. “Despite our calls, [Pai] has refused to say if he agrees” with Trump, the Democratic lawmakers said. “We therefore ask for a hearing as soon as possible with all five FCC Commissioners so that they can publicly and under oath commit that they will not threaten broadcasters or their licenses because of the content of their reporting. Every day that goes by without comment from the FCC Chairman is a continued threat to the First Amendment.” Trump's additional comments on challenging broadcasters' licenses drew criticism from other lawmakers, including Sen. Ben Sasse, R-Neb. “Words spoken” by the president “matter,” Sasse said: “Are you tonight recanting of the oath you took” at the Jan. 20 inauguration “to preserve, protect, and defend the First Amendment?” The FCC didn't comment.

A Thursday House Homeland Security Communications Subcommittee hearing focused on FirstNet's viability, though committee leaders also renewed their concerns about the effects of public safety agencies' mandated migration off the 470-512 MHz T-band. The 2012 spectrum law mandates that public safety agencies move off the band by 2021. Lawmakers also pressed officials on how emergency communications networks withstood hurricanes Harvey, Irma and Maria.

The House Communications Subcommittee easily cleared the draft FCC Reauthorization Act Wednesday on a bipartisan voice vote, as expected (see 1710100066). Lawmakers made clear additional negotiations need to happen before the full House Commerce Committee considers the bill. House Communications Chairman Marsha Blackburn, R-Tenn., filed a manager's amendment Tuesday that removed several contentious provisions included in her original discussion draft and incorporated bipartisan telecom-related bills in an effort to get Democratic support. Additional revisions to Blackburn's bill aren't likely to hinder House Commerce approval, industry lobbyists told us.

A Tuesday manager’s amendment revising text of the FCC Reauthorization Act likely paves the way for the bill's bipartisan advancement during a Wednesday House Communications Subcommittee markup, industry lobbyists told us. The bill, by House Communications Chairman Marsha Blackburn, R-Tenn., had drawn Democrats’ criticism during a July House Commerce Committee FCC oversight hearing (see 1707250059). Recently, work appeared to be progressing more slowly than expected and some expressed concern there weren't consultations aimed at compromise (see 1709220055). The markup is to begin at 1 p.m. in 2123 Rayburn.

A letter that House Republican Conference Chairman Cathy McMorris Rodgers, R-Wash., and Rep. Anna Eshoo, D-Calif., are circulating (see 1709290060) would in part urge FCC Chairman Ajit Pai to not allow any delays in the existing 39-month repacking timeline, according to text of the letter we obtained Friday. The letter would urge Pai to ensure incentive auction spectrum is “cleared no later than July 13, 2020, as currently scheduled.” Lawmakers have been considering whether to include language in final repack legislation to grant the FCC more authority to not penalize broadcasters that can't meet the existing timeline (see 1709070058). “Clearing the 600 MHz band as quickly as possible is a critical component of the ongoing effort to deploy high-speed internet to rural America and close the digital divide,” the letter says. “We are concerned that delays to the 39-month repacking timeline established by the FCC will impede the billions of dollars of private sector investments in infrastructure necessary for achieving this goal.” Delays in the 39-month timeline “would not only harm constituents in our districts, especially those in rural areas who do not have access to broadband or have only limited, unreliable wireless service, but also threaten to slash the financial contributions that spectrum auctions make” to the U.S. budget,” Eshoo's office said in an email seeking additional lawmakers' signatures on the letter. At least 39 other House members already had signed the letter, including House Majority Whip Steve Scalise, R-La.

House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., announced Thursday her anticipated bid to succeed Sen. Bob Corker, R-Tenn. (see 1709270060), adding fuel to the communications sectors' simmering speculation about what the campaign will mean for subcommittee's priorities this Congress. Lobbyists and officials we spoke with pointed to Vice Chairman Leonard Lance, R-N.J., House Digital Commerce Subcommittee Chairman Bob Latta, R-Ohio, and Rep. John Shimkus, R-Ill., as the GOP lawmakers most likely to seek the Communications gavel.

The Senate Commerce Committee advanced NTIA Administrator nominee David Redl on a voice vote (see 1710040014). Now, he must overcome a hold from Sen. Ted Cruz, R-Texas, that again threatens to hinder the nominee's path to a final Senate vote. Cruz didn't vote against advancing Redl out of committee but said his long-standing concerns over Redl's position on the 2016 Internet Assigned Numbers Authority transition haven't been fully resolved. Senate Commerce twice delayed a vote on Redl over Cruz's concerns, leading to rising lobbyist doubts about Redl's prospects (see 1706280027, 1706280061, 1708020052 and 1708160034).

Federal, state and private sector stakeholders are expected to point to existing efforts to combat robocalls during a Wednesday Senate Aging Committee hearing, lobbyists told us and witnesses said in prepared testimony. The hearing is to begin at 9 a.m. in 562 Dirksen. Meanwhile, Senate Commerce Committee members urged the FCC Tuesday to continue work to create a database for reassigned numbers to help curb unwanted robocalls. The agency has been exploring creation of the database as part of its NPRM and notice of inquiry targeting “spoofed” robocalls (see 1703230035 and 1709270067).

The Senate Commerce Committee cleared NTIA administrator nominee David Redl Wednesday on a voice vote.