Senate Commerce Committee Chair Maria Cantwell, D-Wash., stopped short Tuesday of agreeing to a push from Communications Subcommittee ranking member John Thune, R-S.D., for a full re-vetting of FCC nominee Gigi Sohn, after her re-selection to be the commission’s third Democrat (see 2301030060). Other Sohn supporters, meanwhile, hailed her renomination and urged the Senate not to unnecessarily delay advancing her. President Joe Biden first nominated Sohn to the FCC in October 2021 (see 2110260076), but her confirmation process never made it past the committee level. Senate Commerce tied 14-14 on advancing her in March (see 2203030070), leading to a monthslong stall.
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.
A Gray Television petition asking the courts to set aside the FCC’s $518,000 forfeiture order against the company (see 2211010077) suggests it's targeting agency policy rather than simply seeking to overturn the fine, attorneys told us. “The Commission’s Order is erroneous and improper for several reasons,” said Gray’s petition for review in the 11th U.S. Circuit Court of Appeals (docket 22-14274) last week.
The FCC released a long-expected NPRM Wednesday seeking comment on proposed service rules allowing the use of the 5030-5091 MHz band by drones, which was approved by commissioners Dec. 23 (see 2212230035). Commissioner Geoffrey Starks said the NPRM takes a broad look at the use of spectrum by unmanned aircraft systems. It asks more than 160 questions about future use of the band and other spectrum by drones.
The House is set to vote Friday on passing the FY 2023 appropriations omnibus package (HR-2617), which would extend the FCC’s spectrum auction authority through March 9 in lieu of a spectrum legislative deal that got objections (see 2212200077) from Sen. Mike Rounds, R-S.D. The Senate voted 69-29 Thursday to pass the omnibus, which also includes increases in federal funding for the FCC, FTC, NTIA, other Commerce Department agencies, the DOJ Antitrust Division and CPB (see 2212210077). The House, meanwhile, passed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) on voice votes a day after the Senate cleared both measures.
In a busy end-of-year meeting, the FCC tackled digital discrimination, IP captioned telephone services rates and the space application review process, all with unanimous votes by commissioners. Commissioners also approved a record-setting fine for alleged robocalls, at Wednesday's meeting.
The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).
Sen. Mike Rounds, R-S.D., who sank a bid by telecom-focused congressional leaders to attach a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related telecom priorities to the FY 2023 appropriations omnibus measure (see 2212190069), claimed Tuesday that DOD faced outside pressure to agree to back the proposal. Rounds vowed to continue opposing future attempts to weaken DOD's authority to manage its spectrum holdings.
Senate Communications Subcommittee members from both parties targeted FCC and NTIA implementation of connectivity programs created in the Infrastructure Investment and Jobs Act and COVID-19 aid measures Tuesday, as expected (see 2212120064), including concerns about deficient data the commission used to develop its new broadband maps. Lawmakers also touched on other telecom policymaking matters they hope Capitol Hill can address during the lame-duck session or in the next Congress. Senate Commerce Committee leaders saw a potential one-week extension of their talks on one lame-duck priority, a compromise spectrum legislative package (see 2212070068), appear via a proposed continuing resolution to fund the federal government past Friday.
Industry urged the FCC to facilitate the transition to IP networks for caller ID authentication. Many said there's no need to establish rules allowing for caller ID authentication on non-IP networks and cited TDM tandem switches as one of the main obstacles to fully implementing Stir/Shaken technology. Comments were posted Tuesday in docket 17-97 (see 2210270046).
Industry companies and groups disagreed sharply on the best way for the FCC to open the 12.7 GHz band for other users, and whether it should be offered for exclusive-use licenses or be the next big sharing band. Band incumbents urged caution. Comments were due Monday and posted Tuesday in docket 22-352. The FCC approved a notice of inquiry in October on what others call the 13 GHz band (see 2210270046).