Congressional GOP Letters Raise New Hurdle to FCC Action on BDS, Other Items
There were new questions and even doubts about the FCC's planned actions on business data services and other items after key lawmakers Tuesday warned the agency not to take controversial steps during the transition from President Barack Obama to President-elect Donald Trump. The FCC is scheduled to vote on a BDS order and Further NPRM, among other items, at its monthly meeting Thursday (see 1610270054). Also on the commissioners' meeting agenda are items on a mobility fund Phase II, roaming and video description. A draft set-top box order and other items are also pending on circulation. The BDS action was already seen as complicated by the Republican election victory (see 1611100041).
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Two House Republican chairmen warned FCC Chairman Tom Wheeler about his final decision-making amid the presidential transition to Republican control. “The most important challenge for the Commission over the next ten weeks is to ensure a successful broadcast incentive auction,” said Commerce Committee Chairman Fred Upton, R-Mich., and Communications Subcommittee Chairman Greg Walden, R-Ore., in a letter. They echoed Democratic predecessors following Obama's 2008 election and said “it would be counterproductive for the FCC to consider complex and controversial items that the new Congress and new Administration will have an interest in reviewing. We strongly urge you to concentrate the Commission’s attention and resources only on matters that require action under the law and efforts to foster the success of the broadcast incentive auction.”
Senate Commerce Committee Chairman John Thune, R-S.D. also weighed in, calling on the FCC to "stop work on controversial new orders that could create confusion if reversed" next year, said a release from his office on a letter he sent Wheeler that also cited the congressional Democrats' 2008 letter to the commission. "I strongly urge the FCC to avoid directing its attention and resources in the coming months to complex, partisan, or otherwise controversial items that the new Congress and new Administration will have an interest in reviewing," said the Thune letter. "There are certainly many consensus and administrative matters on which the Commission can instead focus its energies to conclude, including several items currently on the agenda for the Open Meeting scheduled to occur on November 17, 2016."
"We’ve received the letter and are reviewing it," emailed an FCC spokeswoman for Wheeler. The offices of Democratic Commissioners Mignon Clyburn and Jessica Rosenworcel didn't comment.
Republican commissioners welcomed the congressional letters, cited the 2008 precedent and urged the current commission to follow suit. "Eight years ago, then-Senator John Rockefeller and then-Representative Henry Waxman called on the FCC not to consider 'complex and controversial items that the new Congress and new Administration will have an interest in reviewing,'" said Commissioner Ajit Pai in a statement. "Then-Chairman Kevin Martin abided by their request. I hope Chairman Wheeler follows his example and honors the wishes of our congressional leaders, including by withdrawing the four major items on the November meeting agenda." Commissioner Mike O'Rielly said the FCC chairman in 2008 "wisely heeded the will of Congress in setting aside any remaining controversial items. O'Rielly said he expects "Chairman Wheeler will honor" the current congressional requests.
There were different views among industry parties about the likely fallout on BDS. "We still think BDS will be voted on," one telecom industry official said. "We’re operating under that assumption, based solely on Chairman Wheeler’s personality, not any direct knowledge.”
But Rosenworcel appears unlikely to back BDS action in light of the letters, said a telecom industry representative who is a Republican. Rosenworcel's vote seems likely needed to form a 3-2 majority (see 1610140035). The industry rep said Rosenworcel was working for Rockefeller when he and Waxman sent their 2008 letter to the FCC in the wake of the Obama victory. Then-FCC Chairman "Kevin Martin respected their wishes," and "I think Rosenworcel will respect congressional Republican wishes in similar fashion," said the industry rep. Other industry parties we contacted didn't comment.
Filings from industry parties continued to trickle in on the BDS rulemaking in docket 16-143, with most of them addressing meetings at the commission before Sunshine Act lobbying restrictions took effect Nov. 10.