Federal Communications Commission (FCC)

Republicans’ return to a House majority is unlikely to mean a big shift in the chamber’s approach to space policy and legislative priorities since those matters have generally been an area of bipartisan cooperation, policy experts said in interviews. The House Commerce Committee made its first foray into space matters for this Congress Thursday via a Communications Subcommittee hearing (see 2301270076) that lobbyists saw as a precursor to panel leaders’ plans to prioritize advancing legislation to revamp the FCC’s satellite licensing rules. House Commerce Chair Cathy McMorris Rodgers, R-Wash., staked the panel's claim to a role in space policy, saying during the hearing it has "been far too long since Congress reassessed the role of satellite technology in the communications marketplace and whether or not our regulatory environment encourages investment and innovation in the space economy, or hampers it."

The FCC’s sixth biennial report on media ownership shows efforts to increase broadcast ownership diversity led to little improvement, and sweeping policy changes in that area aren’t expected soon, said diversity advocates in interviews. The report, released earlier this month, is based on broadcast ownership forms from 2021, while the previous report was based on data from 2019. Following release of both the new report and the previous one, diversity advocates made similar calls for the return of the minority tax certificate (see 2109070051).

Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., sharply criticized the FCC’s handling of the affordable connectivity program, after the GAO reported its goals and measures "lack specificity and clearly defined targets, raising questions about how effective” the commission’s oversight of the program is. “The results of GAO’s findings reveal that the FCC’s ACP is subject to massive waste, fraud, and abuse of taxpayer dollars,” Cruz and Thune said Wednesday: “We find it incredibly concerning that the FCC has failed to establish a process that regularly assesses fraud risks within the ACP. It is incumbent upon” Senate Commerce “to have an oversight hearing to address GAO’s report and hold the FCC accountable to American taxpayers.” Thune launched a review of all federal broadband funding programs in December in a bid to hold executive branch agencies accountable for their disbursal of money from the Infrastructure Investment and Jobs Act and other measures (see 2212060067)."We appreciate GAO’s recommendations and are committed to further improving our performance goals and monitoring for risks within the program," an FCC spokesperson emailed Wednesday in response to GAO's recommendations. “The success of" ACP, "which currently helps over 15.7 million eligible households afford high-quality broadband service, continues to be a top priority for the Commission," the spokesperson said.

The FCC will do more to help survivors of domestic violence get access to communications services during the agency's Feb. 16 meeting (see 2301250061). Commissioners will consider a draft NPRM on implementing the Safe Connections Act. The draft item would seek comment on the law's requirement that mobile providers separate a survivor's phone line from an abuser within two business days after receiving the request, said a fact sheet. The item would seek comment on whether there are "operational and technical limitations" that covered providers may face to complete such a request. It also proposes to require that consumer-facing call logs and text message records omit calls or texts made to hotlines listed in a central database created by the commission and updated monthly. If adopted, the item will seek comment on ways to streamline enrollment in Lifeline and the affordable connectivity program for survivors facing financial hardship. "We believe that these measures will aid survivors who lack meaningful support and communications options when establishing independence from an abuser," the draft item said. Comments would be due 30 days after Federal Register publication, 60 days for replies. The agency will also seek comment on ways to encourage tribal participation in E-rate, said a draft NPRM also set for the February agenda. The draft item asks for feedback on creating a separate or extended filing window for tribal libraries, simplifying E-rate cost allocation rules, and increasing the maximum discount rate level and funding floor for tribal schools and libraries. It also seeks comment on allowing tribal college libraries to be eligible for E-rate funds, defining “Tribal” in E-rate and adding a tribal representative to the Universal Service Administrative Corp. The draft also asks whether “similar reforms may be needed to encourage greater participation by non-Tribal applicants, particularly if they face barriers that impede equitable access” to E-rate. The draft NPRM would also direct the Office of Native Affairs and Policy and the Wireline Bureau to “conduct government-to-government consultation as appropriate with Tribal Nations” on the issues raised in the NPRM. Comments would be due 45 days after FR publication, replies 75 days after.

Pole attachment stakeholders disagreed on next steps after the California Public Utilities Commission’s October one-touch, make-ready (OTMR) decision in docket I.17-06-027 (see 2210200073). In comments received Tuesday, pole owners resisted attachers urging the CPUC to speed the pole replacement process. Telecom companies rejected more OTMR safety requirements proposed by workers and increased fees for unauthorized attachments sought by two electric companies. San Francisco sought municipal access to private poles.

Despite numerous requests from states and other entities, NTIA declined to extend the timeline for challenging the FCC's new broadband map. The agency set Friday as the target for eligible entities to submit challenges for the next iteration of the map that will be used for broadband, equity, access, and deployment (BEAD) program funding allocations (see 2211100072). Unannounced updates to map data, including recently, complicated states’ challenge preparations, Vermont Community Broadband Board (VCCB) officials told us.

Procedural concerns could complicate a case at the 2nd U.S. Circuit Court of Appeals on a New York law requiring affordable broadband. At oral argument Thursday in Manhattan, Judge Richard Sullivan grilled parties on a procedural maneuver they used to move the case to the 2nd Circuit from the trial court. Sullivan asked New York’s attorney tough questions on the state’s argument that its law isn’t preempted.

Under the adopted FCC Space Bureau order (see 2301090062) released Monday, the bureau's purview would be "policy and licensing matters related to satellite communications and other in-space activities under the Commission’s jurisdiction." The Office of International Affairs would "handle issues involving foreign and international regulatory authorities as well as international telecommunications and submarine cable licensing," the order said. The FCC said the Space Bureau would be the contact point for coordination with other federal agencies on space policy and governance as well as backing OIA in international meetings involving space policy. Those organizational changes "will provide the FCC with the updated structure it needs to provide essential international leadership in the ever-evolving global telecommunications marketplace," it said. The International Bureau's Satellite Division will instead be three divisions within the Space Bureau: the Satellite Programs and Policy Division, the Satellite Licensing Division and the Earth Station Licensing Division, per the order. The FCC said the International Bureau's Global Strategy and Negotiation Division and the Telecommunications and Analysis Division will move to OIA. The order also makes some organizational changes to the agency's Consumer and Governmental Affairs Bureau and Office of Managing Director. The order also replaces the word "chairman" in agency rules to "chairperson." Asked about Space Bureau and OIA staffing issues, the FCC didn't comment Tuesday.

The FCC is seeking comment on revised rules for carriers to report data breaches. The NPRM, released Friday and approved 4-0 last month, proposes eliminating the “outdated” seven-business-day mandatory waiting period before notifying customers of a breach and requiring the reporting of inadvertent but harmful breaches to the FCC, FBI and Secret Service.

National Hispanic Media Coalition CEO Brenda Castillo and the leaders of 20 other groups urged President Joe Biden a day before he renominated Gigi Sohn to be the third FCC Democrat (see 2301030060) to instead “nominate a person of Latino descent” to the commission. Two of the names of potential candidates to replace Sohn as Biden’s FCC nominee before Tuesday -- former acting NTIA Administrator Anna Gomez, ex-Wiley, and NASA Chief of Staff Susie Perez Quinn -- are Latina (see 2212300044). The Congressional Hispanic Caucus (see 2102110043) and others began pressing Biden to nominate a Latino FCC commissioner in early 2021.