Judges raised many questions about practical effects of the FCC's January changes to over-the-air reception devices (OTARD) rules, at oral argument Tuesday in the U.S. Court of Appeals for the D.C. Circuit. The court heard Children’s Health Defense (CHD) and four individuals’ challenge of FCC amendments that appellants said could lead to large-scale deployment of carrier equipment in residential areas despite alleged local harms (see 2110140031). Since the commission's goal was to reduce deployment barriers, said Judge Patricia Millett, “it seems to me the FCC itself anticipated that this was going to produce substantial proliferation of these antennas.”
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.
FCC Chairwoman Jessica Rosenworcel's reconfirmation prospects grew stronger Wednesday after the Senate Commerce Committee advanced her nomination to the floor on a bipartisan vote, as expected (see 2111300064). A subsequent confirmation hearing for Democratic commission nominee Gigi Sohn, meanwhile, cemented perceptions that her chances of Senate approval are imperiled. Panel Republicans revealed the extent of their concerns about her candidacy during the hearing, over her views on net neutrality and other matters, also as expected (see 2111300068). At least three Republicans are considering holds on Sohn, including two over the tenor of her past tweets critical of major telecom and media companies. NTIA administrator nominee Alan Davidson also drew lawmakers' attention but little criticism.
Senate Commerce Committee members’ treatment of Democratic FCC nominee Gigi Sohn during her Wednesday confirmation hearing is likely to sharply divide along party lines, in sharp contrast to a potential overwhelming bipartisan panel vote to advance commission Chairwoman Jessica Rosenworcel’s reconfirmation to the full chamber (see 2111300064), lawmakers and lobbyists said in interviews. NTIA administrator nominee Alan Davidson may also get some senators’ attention during the hearing but is likely to avoid harsh questioning due to expectation that Sohn will be the main focus. The hearing will immediately follow the 10:15 a.m. Senate Commerce executive meeting in 253 Russell.
NAB and board member Byron Allen appeared to be partially at odds Monday on FCC nominee Gigi Sohn, before her Wednesday Senate Commerce Committee confirmation hearing (see 2111230066). NAB wants Sohn to submit an amended ethics agreement with more information on her association with broadcast programming streaming service Locast, but Allen declared his strong support for her confirmation. Newsmax CEO Christopher Ruddy and a group of five Republican current and former elected officials said Monday they support Sohn, whose nomination has already drawn strong GOP pushback (see 2111170071). Sohn and NTIA administrator nominee Alan Davidson, who’s also to appear before the Senate Commerce panel, highlighted improving U.S. broadband access and affordability, in responses to prehearing questionnaires.
Senate Commerce Committee Republicans’ questioning of Democratic FCC nominee Gigi Sohn at a planned Wednesday confirmation hearing (see 2111230066) is likely to partially focus on her views on the fairness doctrine in a bid to suggest her joining the commission would increase the chances the agency would seek to bring back the long-rescinded rules, lawmakers and officials told us. Sohn backers question the likely GOP focus on that issue, arguing that while she and others in the past preferred bringing back the rules, such erstwhile supporters see virtually no momentum in its favor under a 3-2 Democratic majority.
State broadband leaders see opportunity for transformational change with at least $100 million coming to each state from the infrastructure law’s Broadband Equity, Access and Deployment (BEAD) program. States are in planning stages as NTIA prepares to distribute funding, said officials and other experts in interviews after President Joe Biden signed the bill Nov. 15 (see 2111150074).
House Communications Subcommittee Chairman Mike Doyle, D-Pa., told us he still intends to wait (see 2106300077) to hold an FCC oversight hearing until after the Senate confirms Chairwoman Jessica Rosenworcel and Democratic commission nominee Gigi Sohn, amid renewed pressure from House Commerce Committee GOP leaders. Panel ranking member Cathy McMorris Rodgers, R-Wash., and Communications ranking member Bob Latta, R-Ohio, argue it has “been over one year” since commissioners testified before the subcommittee. The most recent hearing was in September 2020 (see 2009170068).
Senate Commerce Committee Democrats found ample support during a Wednesday confirmation hearing for plans to speed panel and floor consideration of FCC Chairwoman Jessica Rosenworcel’s renomination, in part citing Republicans’ expected somewhat supportive reception for the nominee (see 2111160001). Democratic FTC nominee Alvaro Bedoya got stronger criticism. At least two committee Republicans indicated they’re considering placing holds that would delay Bedoya’s progress on the floor (see 2111170059).
FCC Chairwoman Jessica Rosenworcel is likely to get a warmer GOP reception at her Wednesday Senate Commerce Committee confirmation hearing than fellow Democratic commission nominee Gigi Sohn will get at a to-be-scheduled December panel, lawmakers and lobbyists told us. Some observers believe FTC nominee Alvaro Bedoya, who’s also to appear Wednesday, will draw more attention because of some of the agency’s recent actions under Chair Lina Khan. The hearing will begin in 253 Russell immediately after a 10 a.m. meeting that will include votes on National Institute of Standards and Technology director nominee Laurie Locascio, the Anti-Spoofing Penalties Modernization Act (S-594) and American Cybersecurity Literacy Act (S-2699).
The FCC and National Treasury Employees Union agreed on reentry plans, per a signed memorandum of understanding (MOU) and an agency email obtained by Communications Daily. The NTEU confirmed that the sides completed collective bargaining over the multiphase reentry plan Friday. They agreed to further evaluate “the post-pandemic workplace environment” after the start of the reentry plan’s final phase, according to the MOU provided to staff Monday.