Republican presidential nominee Donald Trump on Thursday filed a $10 billion lawsuit complaint against CBS that quotes FCC Commissioners Brendan Carr and Nathan Simington supporting allegations that the network deceived its audience when it edited an answer in an interview with Vice President Kamala Harris, the Democrats' presidential nominee. Meanwhile, former FCC Chairman Tom Wheeler on Friday said a future FCC chair in a second Trump administration would likely face considerable pressure to act against media outlets. During a Center for American Progress webinar, Wheeler said a Trump appointee could encounter a situation that no FCC chairman has "faced in the 90-year history of the commission.”
Federal Communications Commission (FCC)
What is the Federal Communications Commission (FCC)?
The Federal Communications Commission (FCC) is the U.S. federal government’s regulatory agency for the majority of telecommunications activity within the country. The FCC oversees radio, television, telephone, satellite, and cable communications, and its primary statutory goal is to expand U.S. citizens’ access to telecommunications services.
The Commission is funded by industry regulatory fees, and is organized into 7 bureaus:
- Consumer & Governmental Affairs
- Enforcement
- Media
- Space
- Wireless Telecommunications
- Wireline Competition
- Public Safety and Homeland Security
As an agency, the FCC receives its high-level directives from Congressional legislation and is empowered by that legislation to establish legal rules the industry must follow.
The EPA, not the FCC, is the proper federal agency to coordinate or conduct space environmental protection, National Space Society space regulation and oversight policy lead Grant Henriksen blogged last week. Noting a call by space academic researchers for the FCC to conduct environmental reviews for large constellations of satellites, Henriksen said the commission lacks the expertise for address space activities' environmental impacts and should abstain from regulating non-communications-related undertakings. FCC steps toward environmental regulation would be open to legal attack in a post-Chevron world, creating greater regulatory uncertainty when the U.S. commercial space sector "already faces numerous challenges on that front." He said the EPA can address risks to the atmosphere from increased rocket launches and reentries.
A three-judge appeals court panel hearing a challenge (docket 24-7000) of the FCC's Title II reclassification of broadband questioned industry groups and the agency Thursday about the major questions doctrine (see 2409030030). Oral argument was held at the 6th U.S. Circuit Court of Appeals, where judges also questioned the relationship between the doctrine and Chevron deference, as well as the statutory interpretation of the Communications Act and the FCC's changing positions over time.
The FCC's proposed rewrite of its submarine cable rules could put a variety of cybersecurity requirements on operators and bar them from using equipment or services on the agency's Covered List. The NPRM on the agency's Nov. 14 open meeting agenda also proposes significantly shortening cable landing licenses, from 25 years to three. Also on the agenda is a codification of many temporary provisions for authorization of geotargeted radio using program-originating FM boosters and a draft order on the caller ID authentication process aimed at further tackling unlawfully spoofed robocalls. The agenda items (see 2410300033) were made public Thursday.
The California Public Utilities Commission should consider recent federal actions on incarcerated people's communications services (IPCS) before adopting a permanent intrastate rate cap, industry and consumer groups argued in comments posted Wednesday. However, The Utility Reform Network (TURN) and Center for Accessible Technology (CforAT) suggested lowering the cap again on an interim basis. The CPUC received comments Tuesday on a Sept. 30 staff proposal recommending a permanent intrastate rate cap of 4.5 cents per minute for IPCS voice calls.
NARUC Telecom Committee Chair Tim Schram seeks better coordination and greater cost sharing related to digging amid an influx of government funding for broadband deployment, the Nebraska Republican said in an interview. NARUC circulated draft resolutions Tuesday for the state utility regulator association’s Nov. 10-13 meeting in Anaheim. In addition to a Schram proposal about coordination, the Telecom Committee plans to weigh drafts on optimizing phone number resources and defending the constitutionality of the federal universal service fund (USF) surcharge mechanism.
Digital First Project Executive Director Nathan Leamer on Wednesday said whoever chairs the FCC during the next administration should take on a more forceful role in advocating for Congress to renew the commission’s lapsed spectrum auction authority. Leamer, who served as an aide to former FCC Chairman Ajit Pai, said during a Georgetown University Center for Business and Public Policy webcast that whichever party wins the White House Nov. 5 will reexamine broadband affordability issues. He believes the FCC will have to brace for the impact of potential federal court rulings striking down its recent orders reclassifying broadband as a Communications Act Title II service and instituting anti-digital discrimination rules.
The California Public Utilities Commission is mulling ways it can support broadband adoption in the wake of the federal affordable connectivity (ACP) program ending, Communications Division Director Rob Osborn said during the California Broadband Council’s meeting Tuesday. The state is making significant progress advancing its broadband-for-all goals, reported Scott Adams, deputy director of the California Department of Technology (CDT) broadband and digital literacy office.
A staunch opponent of giving FirstNet access to the 4.9 GHz band says the FCC decision to do that will head to court. The approved order, released Tuesday, said its aim is "more robust use" of the band, with FirstNet able to use unassigned spectrum in the band. Coalition for Emergency Response and Critical Infrastructure (CERCI) Chairman Kenneth Corey called the FCC order "unlawful, unnecessary, and an affront to public safety communications professionals across the country." He added, "This decision will be challenged and will be litigated."
Incarcerated people's communications services (IPCS) providers and public interest groups urged the FCC to revise its proposed rules on rate caps for video IPCS (see 2409200019). Commissioners adopted the Further NPRM in July along with an order lowering rates for audio IPCS and establishing interim rate caps for video IPCS. Providers opposed establishing service quality standards and expanding the definition of a correctional facility in comments posted Tuesday in docket 23-62. Public interest groups sought additional data, allowing more refinement of interim rate caps.