Federal Communications Commission (FCC)

The FCC released the three draft items Chairman Ajit Pai is proposing for the Dec. 10 meeting (see 2011180065). The meeting will be headlined by a report and order implementing the Secure and Trusted Communications Networks Act, with an NPRM on equipment certification rules and an order on ATSC 3.0 datacasting. Industry officials said it's unclear whether FCC Democrats will consider any of the drafts controversial or major items that should be left for next year under the new commission.

All FCC action on the Telephone Consumer Protection Act isn’t focused on Facebook v. Duguid, to be argued before the Supreme Court Dec. 8, an FCBA webinar heard Thursday. Experts hope that case provides long-awaited clarity on what constitutes an automatic telephone dialing system (ATDS) under the TCPA (see 2011100052).

Senate Commerce Committee GOP leaders are eyeing a vote to advance FCC nominee Nathan Simington to the full chamber amid likely uniform Democratic opposition and lingering uncertainties about whether there’s unanimous GOP support. FCC Republicans, meanwhile, sidestepped questions about whether they will cooperate with President-elect Joe Biden’s transition, given objections from President Donald Trump. Chairman Ajit Pai announced a national-security-heavy agenda Wednesday for commissioners' Dec. 10 meeting but avoided saying he’s acquiescing to Democrats’ calls for him to stop work on major items (see 2011180065).

The three Republicans vying to succeed House Commerce Committee ranking member Greg Walden of Oregon told us they intend to largely maintain his approach to telecom policymaking during the next Congress, which is expected to include more debate on net neutrality. Walden announced his retirement plans last year, sparking debate about Communications Subcommittee Republicans’ future path (see 1911260048).

The FCC on Wednesday approved 5-0 opening 45 MHz of the 5.9 GHz band for Wi-Fi, while allocating 30 MHz for cellular vehicle-to-everything, as expected (see 2011170058). Commissioners overruled the Department of Transportation, which asked that the band be preserved for safety applications. Commissioner Mike O’Rielly said the order was tweaked to speed use of the spectrum for C-V2X, and he would have preferred to see more changes. Commissioners Jessica Rosenworcel and Geoffrey Starks voted to concur. Wi-Fi advocates said the FCC appeared to approve a change they sought that will make it easier to convert routers to use the spectrum.

Incompas CEO Chip Pickering is hopeful this Congress enacts FY 2021 funding and a COVID-19 aid bill, despite partisan rancor. Group officials told a Thursday webinar they’re monitoring whether the Senate confirms FCC nominee Nathan Simington, plus the impact of a change to a majority-Democrat commission after President-elect Joe Biden’s inauguration.

State and local governments want to reset relationships with the FCC under President-elect Joe Biden in 2021, said officials from NARUC, NATOA and the National Association of State Consumer Advocates (NASUCA) in interviews this week. A new FCC means “new beginnings” and a chance to build bridges, said NARUC President Paul Kjellander, elected association head Tuesday (see 2011100060).

Sen. Richard Blumenthal, D-Conn., threatened Tuesday to place a hold on FCC nominee Nathan Simington amid dissatisfaction with his refusal to commit during a Commerce Committee hearing to recuse himself from participating in the rulemaking on its interpretation of Communications Decency Act Section 230 and his answers on other matters. Senate Commerce Chairman Roger Wicker of Mississippi and other Republicans were supportive of Simington. The nominee's confirmation prospects were expected before the presidential election to be jeopardized if Democrat Joe Biden won (see 2011020001).

Democratic leaders of the House Commerce Committee asked FCC Chairman Ajit Pai and FTC Chairman Joseph Simons Tuesday to stop working on major items in light of Joe Biden's election as president (see 2011100066), which President Donald Trump continues to fight through legal challenges. Trump’s legal fight could slow the overall transition, stakeholders say. The House letters (see here and here) were expected (see here). Such requests are known colloquially as "pencils-down" requests.

The FCC is getting oppositions (see 2011030053) on draft rules, set for a commissioner vote next week, allowing Wi-Fi to share 45 MHz of the 5.9 GHz band. Filings were posted Monday in docket 19-138. Facebook opposes exclusion zones there. The proposal relies on “profoundly flawed analysis of federal radar operations authorized in the 5.9 GHz band -- an analysis whose assumptions about Wi-Fi operation are both inaccurate and inconsistent with the Commission’s own assumptions in the 6 GHz Order,” Facebook said: “Because the NTIA analysis did not appear in the record until very recently (Oct. 23rd), the parties have not yet had a meaningful opportunity to study and respond.” The order would “cement in place” cellular vehicle-to-everything “as the presumptive technology standard for all future automotive communications technologies,” Continental Automotive Systems said. “Because in many cases licenses to the technology at the core of C-V2X cellular standards are not directly available to many automotive industry participants in the supply chain, or if so are often subject to unreasonable terms, the exclusive use proposal generates the potential for patent holders to abuse and distort the market for the next-generation of automotive communications,” Continental said: “The Commission should have a full understanding of the consequences to the automotive supply chain in this regard.” The company spoke with Office of Engineering and Technology and Office of Economics and Analytics staff.