President Joe Biden’s designation of Jessica Rosenworcel as the first woman to hold the permanent FCC chair and his intent to nominate Democratic ex-FCC official Gigi Sohn as the first openly LGBTQ+ commissioner are being hailed as milestones. Biden also is renominating Rosenworcel to the commission. See our report here.
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.
Senators told us they believe there's a feasible if narrow legislative window to reconfirm FCC Chairwoman Jessica Rosenworcel this year, act on fellow Democratic commission pick Gigi Sohn and affirm NTIA administrator nominee Alan Davidson. The White House announced President Joe Biden’s intent to choose the trio Tuesday, as expected. Biden designated Rosenworcel Tuesday as permanent chair. She had been acting head since January. The White House also nominated Winston & Strawn patent lawyer Kathi Vidal as Patent and Trademark Office director.
The FCC received mixed reaction as it sought to refresh the record on broadband access in multi-tenant environments, in comments posted through Thursday in docket 17-142 (see 2109070047). Many telecom and consumer groups urged to limit or outright exclusivity agreements and other practices that limit MTE options for ISPs and consumers. Others argued against additional regulation.
The FCC shouldn’t act on its own to combat ransomware attacks against communications networks unless a “whole of government” approach doesn’t materialize, said Commissioner Nathan Simington Thursday in a virtual Q&A with former Commissioner Robert McDowell, now at Cooley. Combating ransomware attacks like the recent strike against Sinclair isn’t outside the agency’s authority, but might be outside its capabilities, “unless Congress gives us another thousand people to man that desk,” Simington said (see 2110210045).
Broadcasters, cable groups and emergency alerting companies resisted FCC suggestions for persistent emergency alert system warnings and changes to alerting codes. “It is simply not feasible to incorporate these changes cost-effectively into the existing, well embedded system,” said NCTA. Comments were due Tuesday in docket 15-94.
Witnesses praise a dozen communications-focused bills set to be the focus of a Wednesday House Communications Subcommittee hearing, in written testimony. The subpanel intends the dozen bills, including the Spectrum Coordination Act (HR-2501) and Spectrum Innovation Act (HR-5378), to highlight bipartisan cooperation on the House Commerce Committee, lobbyists said. At least one witness backs the bipartisan Infrastructure Investment and Jobs Act (HR-3684) and parts of the Democratic-sought budget reconciliation package, which could inject talk of the fracas over the timeline for considering those measures into the hearing, lobbyists said.
FCC commissioners OK’d a Further NPRM on the future of the 4.9 GHz band 4-0, as expected (see 2109280051), and an order that reverses an order from last year giving control of the spectrum to the states. It also partially lifts a licensing freeze on the band. Commissioner Brendan Carr voted at Thursday's commissioners meeting for the FNPRM but concurred on overturning the original order adopted 3-2 under Republicans over dissents then by now-acting Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks.
FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).
Boosting broadband access and digital equity will be local government priorities in the year ahead, especially with federal infrastructure money expected to come to states, NATOA President Brian Roberts and General Counsel Nancy Werner said in an interview during the association’s annual conference. Our survey found general member support for meeting virtually.
Comcast wants to chat with local government associations about why only cable operators pay franchise fees, said Senior Vice President-Government Affairs Klayton Fennell Wednesday at NATOA’s virtual annual conference. Localities haven't had impacts from two recent court decisions on public, educational and government (PEG) channels, NATOA officials said in an interview. FCC staffers updated NATOA on local-federal engagement efforts.