Jimm Phillips

The combined FY 2021 appropriations and COVID-19 aid omnibus bill (HR-133) that Congress passed Monday got further praise from lawmakers and other observers Monday and Tuesday for its broadband funding and other telecom and tech policy provisions (see 2012210055). HR-133’s approval got a far more mixed reception from within the copyright community because it includes text from the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273) and Protecting Lawful Streaming Act. Both chambers passed HR-133 by overwhelming margins, sending the measure to President Donald Trump.

Both houses of Congress were expected to vote Monday night on the combined FY 2021 appropriations and COVID-19 aid omnibus bill (HR-133), after Hill leaders reached a deal on the measure, which includes $6.82 billion for broadband and a raft of other tech and telecom policy provisions. HR-133 also includes increases in annual funding for the FCC, FTC, NTIA and other agencies compared with FY 2020. The Senate was, meanwhile, set to hold a revote on invoking cloture on FCC inspector general nominee Chase Johnson after failing a first try Saturday.

President-elect Joe Biden's transition ethics rules governing the FCC, FTC and other agency review teams are relatively weak, some observers said in recent interviews. They pointed to the rules' relatively lax limits on "revolving door" movement of industry officials into the temporary roles that could influence the incoming administration's actions. The landing teams have been working with the FCC, FTC (see 2011250059) and other agencies since late November, when the General Services Administration began allowing the federal government to begin the transition process.

Telecom policy observers are awaiting a final decision on House Commerce Committee Republicans’ leadership and membership roster after Democrats selected five members Thursday to join the committee’s ranks next Congress. Selected by the Democratic Steering and Policy Committee are: Angie Craig of Minnesota, Lizzie Fletcher of Texas, Kathleen Rice of New York, Kim Schrier of Washington and Lori Trahan of Massachusetts. Four House Commerce Democrats and six Republicans chose not to seek reelection this year, including ranking member Greg Walden, R-Ore.

President-elect Joe Biden said Thursday his incoming administration “will make cybersecurity a top priority at every level of government,” after Russian government-sponsored hackers breached several federal government agencies, including the departments of Agriculture, Commerce and Homeland Security. The House Homeland Security and Oversight committees launched an investigation into the breach, in which hackers penetrated federal cyber defenses via vulnerabilities in SolarWinds Orion software used for network management systems. DHS’ Cybersecurity and Infrastructure Security Agency directed all agencies to disconnect the software.

Tech and communications interests were closely monitoring Tuesday talks on a FY 2021 appropriations omnibus package and COVID-19 aid legislation, since they're potential vehicles for a range of telecom policy proposals. Lawmakers have until Friday to reach a deal on omnibus spending; a continuing resolution to fund the federal government expires that evening (see 2012110054).

The National Sheriffs’ Association, International Association of Fire Chiefs and other public safety groups asked President-elect Joe Biden to name Commissioner Jessica Rosenworcel as permanent FCC chair. The National Education Association and Sen. Richard Blumenthal, D-Conn., also back Rosenworcel (see 2012090063). There are several possible contenders to be Biden’s pick to lead the FCC (see 2011160048). Rosenworcel “has distinguished herself as someone who clearly understands the needs of public safety and has worked effectively with us for many years, while at the same time has balanced the needs of other stakeholders,” said the IAFC, NSA and other groups in a letter to Biden that we obtained. “First responder communications are critical for all successful emergency operations,” which means “the person chosen to become the FCC Chairperson is very consequential to the public safety community.” The Major County Sheriffs of America, the Metropolitan Fire Chiefs Association and the National Association of State EMS Officials also signed the letter.

The upcoming shift to a 2-2 split FCC at the start of President-elect Joe Biden’s administration doesn’t necessarily have to mean total gridlock, as those opposed to Senate confirmation of Nathan Simington as commissioner are forecasting, officials and FCC observers told us. They do believe FCC Democrats’ ability to move on big-ticket policy priorities, like bringing back the rescinded 2015 net neutrality rules, will be hindered until the Senate confirms Biden’s to-be-named nominee for the seat held by Chairman Ajit Pai. The Senate confirmed Simington Tuesday with unanimous Republican support and similarly uniform Democratic opposition (see 2012080067).

Nathan Simington was confirmed to the FCC Tuesday after a largely muted Senate floor debate. Senate Democrats and groups opposed to Simington in the lead-up to the vote continued to raise concerns about the 2-2 commission deadlock that will result from his confirmation, once Chairman Ajit Pai leaves Jan. 20 (see 2011300032). Many also cited the FCC’s proposed proceeding on its Communications Decency Act Section 230 interpretation, a matter critics believe Simington should recuse himself from because he worked on NTIA’s petition for the rulemaking (see 2011100070).

The Senate voted 49-46 Tuesday afternoon to confirm Nathan Simington as an FCC commissioner. The vote was along party lines, as expected. His confirmation followed a largely muted Senate floor debate.