The electoral battle for control of Congress remained unresolved Thursday, but former FCC officials agree with other communications sector observers (see 2210310073) that Chairwoman Jessica Rosenworcel is likely to face less critical oversight if the GOP wins either chamber than would otherwise be expected because the current 2-2 split commission has spawned relatively little controversy. NTIA could face more of the heat, experts told us. Tech policy stakeholders, meanwhile, expect a shift in the direction on Big Tech-focused legislation under GOP majorities.
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.
Communications sector officials and lobbyists believe the outcome of the Tuesday midterm election could affect a range of telecom policy priorities, including whether the Senate confirms FCC nominee Gigi Sohn this year, or any other commission Democrats, during the remainder of President Joe Biden’s term. Election results may affect future federal broadband funding initiatives and the direction of a proposed spectrum pipeline in the years ahead, observers told us. Election prognosticators see only a handful of incumbents on the Senate and House Commerce and Judiciary committees facing tight reelection battles despite volatile polling results in recent weeks.
Noting an FCC structure built for another era without mega constellations or space entrepreneurship, Chairwoman Jessica Rosenworcel unveiled plans Thursday for an International Bureau reorganization including creating a Space Bureau to handle all space-related issues and a stand-alone Office of International Affairs. Agency and space industry officials said one hoped-for effect would be swifter processing of space operation applications. The commission didn't comment on expected time frame for the reorganization or what kind of additional resources the new bureau might have.
Speakers at a Utilities Technology Council virtual event Thursday issued a warning about the risks still posed by unlicensed use of the 6 GHz band and said utilities may have to take other steps to protect critical communications. The FCC, meanwhile, conditionally authorized 13 automated frequency coordination providers to operate in the band. Industry officials said last month the FCC appeared close to taking the next steps on AFC (see 2210170075).
The FCC’s persistent 2-2 tie since the beginning of the Biden administration and the resulting dearth of partisan Democratic telecom policy actions will likely blunt the level of criticism Chairwoman Jessica Rosenworcel and the commission will initially face from House Commerce Committee Republicans during the next Congress if their party wins a majority in the Nov. 8 election, said ex-panel Chairman Greg Walden, R-Ore., and other observers in interviews. But Commerce GOP oversight of the FCC would likely ratchet up significantly if and when the commission returns to a 3-2 Democratic majority, officials said. Regardless, there will be a major emphasis on whether the FCC is abiding by the Supreme Court’s embrace of the "major questions” doctrine in its West Virginia v. EPA ruling (see 2206300066), officials said.
The FCC approved 4-0 Thursday an NPRM that proposes new rules to make the emergency alert system and wireless emergency alerts more secure. Chairwoman Jessica Rosenworcel said the rulemaking is one part of the FCC’s current focus on making systems more secure. FCC officials said, as expected (see 2210250057), there were only minor changes over what Rosenworcel proposed, FCC officials said.
FCC commissioners approved 4-0 Thursday, as expected (see 2210240047), an order launching a notice of inquiry on the 12.7 GHz band. The agency also cleared a plan to extend USF support to eligible mobile and fixed carriers in Puerto Rico and the U.S. Virgin Islands and an NPRM addressing Stir/Shaken caller ID authentication standards. Chairwoman Jessica Rosenworcel acknowledged she had circulated an item focused on the 4.9 GHz band (see 2210260064).
Wisconsin officials promised Tuesday to take big strides to close the state’s digital divide. Local governments should engage with the state on plans for NTIA’s broadband equity, access and deployment (BEAD) program and do more to increase participation in the federal affordable connectivity program (ACP), said Wisconsin Public Service Commission Chairperson Rebecca Cameron Valcq at a partially virtual broadband forum co-hosted by NTIA and the Wisconsin PSC: “We cannot leave any part of our state behind.”
An online survey to collect data for an FCC content vendor diversity report could be “simple, easy, and non-burdensome,” said Fuse in a call with Media Bureau Chief Holly Saurer and Media Bureau staff Monday, according to an ex parte filing in docket 22-209 (see 2207260003). Fuse demonstrated a prototype survey portal for the bureau during the call, the filing said. The sample survey has drop-down menus to record licensees and distributors and a box to sign certifying under penalty of perjury that “every content vendor listed in response to this survey has been contacted by my organization by email or certified mail with the following message: 'The Federal Communications Commission requests that you complete the Content Vendor Diversity Report Survey.'” Even if some vendors wouldn’t respond or responded incorrectly “the resulting information nevertheless would be better than what the Commission has today in this area (i.e., nothing),” the filing said.
The California Public Utilities Commission wants “a big tent approach” as it collects input for developing a five-year plan for spending federal infrastructure support under NTIA’s broadband equity, access and deployment program, said CPUC President Alice Busching Reynolds during a state webinar Monday to kick off BEAD planning. Reynolds wants to bring as broad a group as possible to the table since California is a big, diverse state, she said. Expanding internet services will improve access to government services, which is especially important for “historically disenfranchised” groups, the CPUC president noted. More than 2 million Californians lack access, said state Chief Information Officer Liana Bailey-Crimmins: Those at the table should be "reflective of those individuals.” The CPUC expects to receive BEAD planning funds in the next couple of weeks, said CPUC Communications Division Director Rob Osborn: California filed its application for that support Aug. 12 and the application moved to formal NTIA review Sept. 1. Meanwhile, the agency is “working through the bulk challenge process” for the FCC’s broadband fabric, Osborn said. “It’s quite labor intensive.” The CPUC plans to share a summary analysis either through the FCC or the CPUC website at a later date, he said.