As industry looks beyond the Biden administration (see 2408130062), the FCC could have some busy months ahead of it. A pair of commissioner meetings is scheduled before the November elections, with at least two more before the inauguration of the next president. While past commissions have focused on less controversial items ahead of a presidential contest, which likely won’t be the case this year, industry officials say. Vice President Kamala Harris has emerged as the slight front-runner for the presidency since President Joe Biden left the race based on most recent polls, although the election is expected to be tight.
Don’t expect major daylight between a Kamala Harris administration and the Joe Biden White House on major communications policy issues, industry and policy experts predicted. Much focus and effort would center on defending the FCC's net neutrality and digital discrimination orders in the current federal circuit court challenges, as well as pursuing net neutrality rules, they said. Less clear would be the nature of the relationship between Harris' White House and Big Tech. The Harris campaign didn't comment. Deregulation and undoing net neutrality are considered high on the to-do list for the administration of Republican presidential nominee Donald Trump if he's elected (see 2407110034).
FCC Chairwoman Jessica Rosenworcel circulated to the 10th floor plans for a full commission vote on restructuring radio group Audacy’s petition for a declaratory ruling seeking expedited foreign-ownership review as part of George Soros-affiliated entities purchasing its stock (see 2404230054), a commission official confirmed to us Thursday. Senate Commerce Committee ranking member Ted Cruz, R-Texas, preemptively claimed credit for Rosenworcel’s decision after pressing Republican Commissioners Brendan Carr and Nathan Simington about Audacy last week (see 2408090051).
Senate Commerce Committee Chair Maria Cantwell, D-Wash., remains optimistic that she can get enough panel members on board with her Spectrum and National Security Act (S-4207) during the August recess to open a viable path for the stalled measure during the waning days of this Congress. Three Senate Commerce Republicans who are also senior members of the Armed Services Committee and are seen as potential converts on S-4207 told us just before the chamber recessed that they remain highly dubious about the measure.
As Democrats gather in Chicago to formally launch the Harris-Walz campaign, Communications Daily explores the implications for telecom policy. In our latest Special Report, veteran Comm Daily reporters investigate how the dramatic change in Democratic electoral fortunes is altering -- or reinforcing -- regulators’ plans and expectations.
Brenda Villanueva, ex-The Utility Reform Network, named deputy division chief, FCC Telecommunications and Analysis Division ... Matthew Pearl announces his departure as National Security Council director-emerging technologies and special adviser (see 2408140044) ... Nexstar Media names Scott Weaver, ex-HSA Strategies, senior vice president, effective Sept. 5, to head broadcaster’s first government affairs office ... AI company Uniphore appoints Ravi Mayuram, ex-Luminary Cloud, chief technology officer ... Tamara Nolan, ex-KPMG, rejoins cybersecurity advisory firm MorganFranklin as lead-Cyber and Operational Resilience Practice.
Facing the prospect that it won't meet its 50%-launched milestone for its 7,500 V-band payloads by the Nov. 19 milestone date, SpaceX is asking the FCC Space Bureau for a modification of its V-band system authorization. In an application posted Wednesday, SpaceX requested that the V-band payloads launched by Nov. 19 on its second-generation satellites be considered its first V-band processing round system. It also asked that it still be allowed to deploy additional V-band payloads on second-gen satellites, up to the 7,500 authorized, after Nov. 19, but for those satellites to be considered part of the second V-band non-geostationary orbit satellite processing round. Those post-Nov. 19 V-band payload deployments would be subject to new milestone requirements, SpaceX said. The company has deployed its second-gen satellites "at a blistering pace" since getting the V-band payload deployment authorization (see 2310160053), it said. SpaceX expects to have more than 1,530 V-band capable satellites in orbit by Nov. 19.
The 11th U.S. Circuit Court of Appeals should apply the U.S. Supreme Court’s recent ruling on agency enforcement actions to the FCC’s $518,000 forfeiture order against Gray Television, as well as SCOTUS’ ruling against Chevron deference, Gray said in a motion and supplemental reply brief Wednesday. The court previously ordered that the FCC and Gray file briefs weighing in on the application of the high court’s Loper Bright ruling against Chevron deference but didn’t do so for SEC v. Jarkesy, which is seen as potentially requiring jury trials for many agency enforcement actions. Jarkesy “raises the fundamental question of whether the FCC had the authority in the first place to conduct the proceeding that led to the forfeiture the FCC asks the Court to uphold,” Gray said in a motion. “Under these circumstances, Gray proposes as the most prudent course of action supplemental briefing on whether Jarkesy invalidates the FCC’s Forfeiture Order.” If the 11th Circuit were to find that the FCC’s claim against Gray is similar to the SEC forfeiture in Jarkesy, “then not only did Gray have the right to a jury trial, but also the Seventh Amendment prohibited Congress from assigning adjudication of the claim to the FCC,” Gray said. The court must also consider whether the FCC has statutory authority over Gray’s purchase of a network affiliation under Loper Bright, Gray Television said in a supplemental reply brief Wednesday. The FCC had argued that the court shouldn’t take up the agency’s authority because it was outside the scope of the supplemental briefs the court ordered (see 2408080052) and wasn’t previously raised in the proceeding by Gray. The Loper Bright opinion instructs courts to first determine the boundaries of an agency’s authority before ruling on whether an agency has engaged in “reasoned decision-making” within that authority, Gray said. The FCC also raised the issue of its statutory authority by discussing it in the forfeiture order it issued against Gray, Wednesday’s filing said. The Loper Bright decision “commands” that federal courts “must review all questions of law without deference to the agency whose action is under review,” Gray said.
GCI Communications urged that the FCC adopt a revised framework of the Alaska Plan for the Alaska Connect Fund. During a meeting with staff of the Wireline Bureau, Wireless Bureau and Office of Economics and Analytics, GCI proposed a framework built on the "existing and successful" Alaska Plan "rather than reinvent the wheel." In an ex parte filing posted Wednesday in docket 23-328, GCI said the state "has a uniquely challenging environment for deploying broadband services," so the commission should adopt a "two-phase approach." The first, it said, should be a 10-year term that builds on the existing plan with increased support levels to account for inflation. The second would require the commission to initiate a proceeding evaluating the results of NTIA's broadband, equity, access, and deployment program to evaluate and develop cost models.
The FCC on Wednesday approved a waiver of its rules for Federated Wireless requiring environmental sensing capability (ESC) systems to protect federal incumbents in the citizens broadband radio service band from harmful interference for markets that Hurricane Ernesto hits. The Wireless Bureau said the waiver is similar to those granted for similar storms and applies only to areas that experience power outages. It expires Aug. 28 or when commercial power and backhaul service are restored to the ESC sensors involved. Hurricane Ernesto made landfall as a Category 1 hurricane in Puerto Rico and the U.S. Virgin Islands late Tuesday.