Federal Communications Commission (FCC)

The FCC’s administrative law judge isn’t obligated to resolve the Standard/Tegna transaction’s proceeding (see 2303070081) before the deal’s May 22 breakup date, and the broadcasters haven’t shown the case should be kicked back to the full FCC, said response filings posted Friday in docket 22-162 from the FCC Enforcement Bureau and two sectors of the Communications Workers of America. “The Media Bureau afforded the Applicants extra time and extra opportunity to establish that they were entitled to relief,” said the joint filing from the CWA's NewsGuild and National Association of Broadcast Engineers and Technicians. It isn’t the unions’ “or the Media Bureau’s fault that the Applicants’ sales agreement is about to expire,” the filing said. “This is entirely the parties’ doing.”

A Friday House Communications Subcommittee hearing intended to jump-start negotiations on a comprehensive spectrum legislative package touched on some of those policy issues, but subpanel members used it as a bully pulpit to blast the Senate for failing to prevent the FCC’s frequency auction authority from expiring Thursday, as expected (see 2303090074). The House gaveled out Friday for a recess scheduled to end March 22. Senate leaders and Sen. Mike Rounds, R-S.D., who disagreed about dueling bills to renew the commission’s mandate (see 2303080081), expect to return to negotiations this week.

The National Hispanic Media Coalition and Free Press (FP) offer dueling guidelines to the White House for selecting a new FCC nominee to replace ex-pick Gigi Sohn, amid continued fallout from the former candidate’s Tuesday announcement she asked President Joe Biden to withdraw her from consideration (see [Ref 2303070082]). Sohn’s supporters continued to lay blame Wednesday on opponents whose treatment of her during an often fractious and acrid year-plus confirmation process led to the withdrawal.

Eugene, Ore., Mayor Lucy Vinis (D) and Springfield, Ore., Mayor Sean VanGordon (R) and other city officials spoke with staff for FCC Chairwoman Jessica Rosenworcel about RF safety and other issues. “Local governments often face questions and requests for action” on RF “from their residents, and given that the Communications Act assigns primary responsibility in this area to the Commission, we believe the Commission should shoulder more of the burden of explaining its rules to the public and also informing the public they should look to the Commission and Congress if they are unhappy with the Commission’s rules or with federal preemption of local authority to regulate RF emissions,” said a filing posted Wednesday in docket 19-226. They also discussed the FCC’s affordable connectivity program and “expressed concern about the program’s forthcoming funding cliff,” the filing said.

Uncertainty about the prospects for congressional leaders to break a Senate impasse on the length of a new short-term extension of the FCC’s spectrum auction authority led lawmakers and industry officials to renew warnings, during a Tuesday Incompas event and in interviews, about the potential consequences if Capitol Hill allows the commission’s current mandate to expire as scheduled Thursday. Senators have been grappling with whether to accept a House-passed bill that would renew the FCC’s remit through May 19 (HR-1108) to give lawmakers more time to negotiate a broader spectrum legislative package (see 2302240066). Senate Majority Leader Chuck Schumer, D-N.Y., implied Monday there wasn’t a deal then (see 2303060071).

Minnesota lawmakers weighed bills Tuesday to release more cash for broadband and create a tax exemption for fiber broadband. In Florida, electric cooperatives raised concerns a bill to apply pole attachment rules to co-ops would make it harder for them to bring broadband to hard-to-serve areas.

Section 25.112(a)(3) is squarely in the sights of the satellite industry and allies, with numerous calls for its elimination Monday in docket 22-411. Multiple commenters opposed dismissing applications that contain curable errors or omissions. The satellite licensing streamlining NPRM was adopted 4-0 in December (see 2212210054).

The FCC will move to the fourth and final phase of its COVID-19 reentry plan March 13, described as a return to pre-pandemic operations, said an agency-wide email memo obtained by Communications Daily. Stricter telework provisions won’t take effect until May 15. Former and current FCC employees expect a wave of staff departures once the FCC returns more fully to in-person work, though they said the extent won’t be clear for some time. Another potential concern is whether the new FCC headquarters will be able to handle all the virtual meetings being conducted each week. The move is “consistent with recent movement by other federal agencies to complete their reentry process,” the memo said.

The end seems nigh for affordable connectivity program (ACP) funding, with dicey odds of Congress acting before its money runs out in early 2024, speakers said Wednesday at ACA Connects' 2023 Washington summit. Small cable operator participation in the broadband equity, access and deployment (BEAD) program will depend on the rules governing it, they said.

Senate Communications Subcommittee ranking member John Thune, R-S.D., labeled FCC nominee Gigi Sohn Wednesday as potentially “the poster child for terrible presidential nominees,” citing what he considers deficiencies in her “character and fitness” for serving on the commission and her record as “a virulent and unapologetic partisan.” Public Knowledge and others sought to tie News Corp. to what they view as a smear campaign against Sohn. They cited News Corp. Executive Chairman Rupert Murdoch’s acknowledgment in a recently released court deposition that several Fox News hosts spread disinformation about voter fraud after the 2020 presidential election.