More Changes, Including Increased Telework, Expected at FCC Amid Coronavirus

FCC staffers expect to handle more meetings over the phone and fewer in person over the next weeks due to the coronavirus. The FCC hasn't made a decision yet, but industry and agency officials said in interviews this week the March 31 commissioners’ meeting may not be in-person. Chairman Ajit Pai spoke to the Free State Foundation conference Tuesday via video and Commissioner Brendan Carr canceled an appearance. Commissioner Mike O’Rielly spoke. See that news: 2003100047 and 2003100061.

“We’re very mindful of what’s happening,” O’Rielly told us. “We’re keeping attuned to what has been released by the expert agencies and trying to craft the right policies that respect the health of safety of those that work at the FCC with the desire to get information out and get the message out.” O’Rielly has been taking his “cues” from the chairman.

Scheduled FSF panelist Valerie Green, chief legal officer for Ligado Networks, was absent. She was under self-quarantine, conference officials told attendees, after a possible encounter with a person exposed to the coronavirus. An O'Rielly aide may quarantine herself after a trip to Italy, a hard-hit country (see 2003090062).

“I’m really pleased at the number of people that came,” said FSF President Randolph May. He noted this is the first time the group livestreamed the conference. Even with that, and with the coronavirus, “we’ve got pretty much a full house,” he said. Former FCC Chairman and Wiley Rein Chairman emeritus Richard Wiley attended the FSF event Tuesday. “I haven’t changed anything” because of the virus, he told us. Commissioner Geoffrey Starks said the FCC should act to improve connectivity because of the virus (see 2003100022).

“Seems like we are all in uncharted territory,” said Wilkinson Barker communications lawyer Bryan Tramont.

“The commission focused on these issues more quickly than other government agencies, and I expect it will continue to do so,” said Scott Harris of Harris Wiltshire. “For obvious reasons, it is more comfortable with remote work than other agencies. … You will see a move both to remote work and remote meetings in the near term, without much loss of efficiency.”

Faegre Drinker has closed all 22 of its law offices after employees at the Washington, D.C., office were potentially exposed to the coronavirus, emailed a spokesperson. None of the firm’s staff tested positive for the virus but an attendee at an event at the firm’s Washington office did. "This is simply a precautionary measure while we evaluate the appropriate path forward," the spokesperson said. The firm is still evaluating when it will re-open the offices.

Events

The WISPAmerica 2020 conference will proceed as planned, adding restrictions on attendees and virus countermeasures, the Wireless ISP Association announced. Attendees who live in or recently traveled from countries flagged by the CDC are barred from the conference. The event will include disinfection of mics and “high volume touchpoints,” elimination of open food service stations, and public sanitizing materials. “Attending WISPAMERICA sends a strong signal to others in the communications industry, policymakers and your communities that you will remain strong even in light of the day’s loud and oftentimes distracting news coverage and circumstances,” the announcement said. “The novel coronavirus is not to be sniffed at, but its risks are manageable.”

ITU ​​postponed the World Information Society Forum and the AI for Good Global Summit over coronavirus concerns, it said. The WSIS forum was set for April but moved to Aug. 31, while the AI Summit planned for May will now begin Sept. 21. The Telecommunication Development Advisory Group was also postponed to June 2, and the 17th World Telecommunication/ICT Indicators Symposium was postponed. “The dates and venue for the Global Symposium for Regulators (Sept. 1 to Sept.3) remain unchanged,” ITU said. On Feb. 28, Switzerland -- where ITU is located -- banned events of more than 1,000 people, ITU said. “The ban is slated to last until 15 March at the earliest and the upcoming weeks are uncertain at best.”

One FCC-related public safety spectrum committee meeting was postponed due to the virus. Tuesday, the Public Safety Bureau disclosed that the District of Columbia, Maryland and Northern Virginia Regional Planning committees 700 MHz and 800 MHz meetings won't happen March 25. The bureau cited "concerns regarding the possibility of unintentional community spread of the coronavirus at public assemblages."

Among factors prompting the move was Maryland Gov. Larry Hogan (R) declaring last week a state of emergency, which was "attention getting," said the committees' Chair Charles Bryson in an interview. Some private sector attendees worried their employers mightn't allow them to attend gatherings or travel, he recalled. Since some participants are older than 60 and "there was nothing critical that required discussion, there was no sense in potentially exposing them," said Bryson, who advises Maryland on public safety radio networks. "The cause of the postponement is unusual" but "there’s no real reason to go through [with the event] and hold it in March," he added. "We can postpone it until probably later in the spring." Bryson noted there will be 30 days' notice of the new date. He said organizers didn't want to possibly spread COVID-19 at the host venue, Prince George’s County Public Safety Communications Center in Bowie.

Michigan Regional Planning committees will meet as scheduled Thursday, said their Chair Keith Bradshaw in an interview: The virus hasn't been a major consideration in planning for that event, slated for Eaton County Central Dispatch in Charlotte, Michigan. He's unaware of any reported coronavirus cases in the state. "We don’t do hugs" or the like anyway, he said of participants, so such close contact that experts recommend avoiding won't be an issue, Bradshaw said. Next Wednesday, there's a scheduled meeting of the Puerto Rico Public Safety Regional Planning committees. Its chair didn't comment. Regional planning committees decide "whether and when to" meet, a Public Safety Bureau spokesperson emailed. The bureau's role is to publicize those gatherings, she added.

The Greater Washington, D.C. Chapter of the Internet Society changed a Wednesday in-person breakfast meeting to “fully remote,” it emailed.

Lawyers

Broadcast lawyers say virus has had little effect on their practices and work at the FCC.

Jack Goodman hasn’t changed plans to meet with clients or visit the commission, after FCC travel limitations. Most attorneys we spoke with said the outbreak hasn’t caused them to change plans to meet with clients or attend gatherings. But not all. Fletcher Heald's Peter Tannenwald canceled three out-of-town trips that involved meeting with groups. Since he’s over 70, Tannenwald thinks the risk from an infection is higher for him.

Fletcher Heald’s Franciso Montero expects more from the FCC, “including curtailing travel and requiring increased or mandatory telework.”

“Stakeholders face many of the same issues” similar to a government shutdown, said Andrew Schwartzman, a lawyer who works with groups that often oppose deregulation or media consolidation. “I am currently working with some groups that have first responder duties,” he said. “They certainly will need to prioritize their public safety responses over FCC meeting and filing.” Schwartzman said it would make sense for the FCC to extend filing deadlines, at least to some degree for non-priority matters or “it will have to handle numerous extension requests on a case-by-case basis.”

“It’s of course a time for vigilance, but the commission needs to be sure beyond doubt that no one is disadvantaged by new procedures and deadlines,” emailed former Commissioner Michael Copps. “Someone’s ox can easily get gored when procedures are changed, even if there is no intent for that to happen,” said Copps, now at Common Cause. “Lots of FCC business can get conducted online or on the phone. While I was a commissioner, and back surgery recuperation kept me at home, I was able to take part in the monthly meeting and to vote over the phone.”

Other Agencies

COVID-19 effects reach beyond the FCC.

Montero noted the SEC imposed a telework requirement Monday. Also that day, that agency postponed a conference that would have been held Tuesday. And its commissioners' meeting that was to have been Tuesday was delayed.

Monday, the SEC was told that a headquarters employee was treated for respiratory symptoms that day, a spokesperson emailed Tuesday. "The employee was informed by a physician that the employee may have the coronavirus and was referred for testing." Precautions the agency recommends include that HQ staffers telework for now, the spokesperson noted.

“We are likely to see the same at other federal independent agencies and government offices,” Montero predicted, regarding SEC changes. “Just yesterday, I had a senior FCC staffer from the chairman’s office cancel travel to speak on a panel I am moderating later this month. A very big event is the NAB’s conference in Las Vegas is next month which routinely draws over 100,000 and at which the chairman and other commissioners are scheduled to attend and participate. As far as I know, there have not been any commissioner cancellations for NAB announced yet but I was told it is being discussed.” NAB's show is on for now (see 2003090030).

Over the weekend, the American Federation of Government Employees asked the Office of Personnel Management to allow all federal employees who are telework-eligible to immediately begin working remotely. The agency has "received the letter and will respond as appropriate," an OPM spokesperson emailed Tuesday.