The full FCC unanimously approved a reconsideration order clarifying some aspects of the agency’s previous clarification of its political file rules (see 2003300046). As industry sought, the regulator clarified that the political advertising reporting policies it instituted in October apply only to third-party issue ads, not candidate ads. The agency said it will use “a standard of reasonableness and good faith” in judging whether broadcasters are complying with rules for commercials in determining whether the spots trigger disclosure obligations, concern a national issue, or appropriately use acronyms or abbreviations. All other issues raised in recon petitions by NAB and broadcasters including Scripps and Meredith are “pending,” said a footnote.
The FCC Wireline Bureau denied more time for comments on public safety aspects of the U.S. Court of Appeals for the D.C. Circuit’s Mozilla v. FCC net neutrality decision. California’s Santa Clara County, Los Angeles, New York City and others sought the extension for comments that were due Monday, after a 21-day extension granted by the FCC (see 2004170029). The April 16 request citing COVID-19 was too late; rules say extension motions must be filed at least seven days before filings’ due date, said Monday's order. “It is not plausible that Requestors first became aware of their purported need for additional time less than seven days before the deadline for initial comments on April 20.” Democratic FCC commissioners sought extra time. "Local governments and public safety officials have asked for more time to comment so that they rightfully can focus on responding to the public health emergency at hand," said Commissioner Jessica Rosenworcel. "It’s shameful that the FCC did not heed their request.” Commissioner Geoffrey Starks tweeted, "We should've done better." It's "shameful" the FCC doesn't "think that the pandemic is enough of an emergency to provide more time for first responders to file comments about how the Commission can ensure that first responders can serve the public in emergencies like pandemics," said Benton Institute for Broadband and Society Senior Counselor Andrew Schwartzman. Sunday, the California Public Utilities Commission supported a 60-day extension to comments. The record wouldn’t be complete without Santa Clara County since the court specifically referenced its concerns, but COVID-19 may limit its ability to weigh in, the CPUC said in docket 17-108. “These parties should not have to choose between protecting public health and safety and participating in this proceeding.” The FCC declined to comment beyond the order.
The FCC Wireline Bureau denied more time for comments on public safety aspects of the U.S. Court of Appeals for the D.C. Circuit’s Mozilla v. FCC net neutrality decision. California’s Santa Clara County, Los Angeles, New York City and others sought the extension for comments that were due Monday, after a 21-day extension granted by the FCC (see 2004170029). The April 16 request citing COVID-19 was too late; rules say extension motions must be filed at least seven days before filings’ due date, said Monday's order. “It is not plausible that Requestors first became aware of their purported need for additional time less than seven days before the deadline for initial comments on April 20.” Democratic FCC commissioners sought extra time. "Local governments and public safety officials have asked for more time to comment so that they rightfully can focus on responding to the public health emergency at hand," said Commissioner Jessica Rosenworcel. "It’s shameful that the FCC did not heed their request.” Commissioner Geoffrey Starks tweeted, "We should've done better." It's "shameful" the FCC doesn't "think that the pandemic is enough of an emergency to provide more time for first responders to file comments about how the Commission can ensure that first responders can serve the public in emergencies like pandemics," said Benton Institute for Broadband and Society Senior Counselor Andrew Schwartzman. Sunday, the California Public Utilities Commission supported a 60-day extension to comments. The record wouldn’t be complete without Santa Clara County since the court specifically referenced its concerns, but COVID-19 may limit its ability to weigh in, the CPUC said in docket 17-108. “These parties should not have to choose between protecting public health and safety and participating in this proceeding.” The FCC declined to comment beyond the order.
Publicize details of apparent 2016 Lifeline overpayments of millions of dollars to American Broadband and redact only personal customer data, the FCC ordered 5-0 on reconsideration. Overbroad and frivolous confidentiality claims "hamstring our ability to vindicate the public interest and deter wrongdoing," Commissioner Geoffrey Starks said Monday. He wants to resolve requests for confidentiality immediately upon receipt. "We need more decisions like this," Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman emailed. "The Commission has been far too compliant, for far too long, with respect to bogus claims of confidentiality."
Publicize details of apparent 2016 Lifeline overpayments of millions of dollars to American Broadband and redact only personal customer data, the FCC ordered 5-0 on reconsideration. Overbroad and frivolous confidentiality claims "hamstring our ability to vindicate the public interest and deter wrongdoing," Commissioner Geoffrey Starks said Monday. He wants to resolve requests for confidentiality immediately upon receipt. "We need more decisions like this," Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman emailed. "The Commission has been far too compliant, for far too long, with respect to bogus claims of confidentiality."
The FCC provided relief Thursday on additional filing deadlines, as industry and government groups face COVID-19. On Wednesday, as some expected (see 2003230058), the FCC extended the deadline on a net neutrality partial refresh (see 2003250041). Industry officials said in interviews more extensions are likely, though not with the amounts of time being sought in most cases.
Backers of extra filing time to comment on public safety aspects of the U.S. Court of Appeals for the District of Columbia Circuit’s Mozilla v. FCC net neutrality decision applauded the agency's 21-day extension announcement Wednesday (see 2003250031). Some left the door open to seeking more time. About a dozen groups had sought a month longer, citing COVID-19.
Backers of extra filing time to comment on public safety aspects of the U.S. Court of Appeals for the District of Columbia Circuit’s Mozilla v. FCC net neutrality decision applauded the agency's 21-day extension announcement Wednesday (see 2003250031). Some left the door open to seeking more time. About a dozen groups had sought a month longer, citing COVID-19.
FCC staffers expect to handle more meetings over the phone and fewer in person over the next weeks due to the coronavirus. The FCC hasn't made a decision yet, but industry and agency officials said in interviews this week the March 31 commissioners’ meeting may not be in-person. Chairman Ajit Pai spoke to the Free State Foundation conference Tuesday via video and Commissioner Brendan Carr canceled an appearance. Commissioner Mike O’Rielly spoke. See that news: 2003100047 and 2003100061.
Dissenting to a denial of a petition for writ of certiorari to the 9th Circuit U.S. Court of Appeals Monday, a Supreme Court Justice Clarence Thomas suggested an earlier Brand X ruling upholding an FCC decision to keep cable modem service unregulated may be unconstitutional. "Although I authored Brand X, it is never too late" to surrender former views to a better-considered position, Thomas said. He added Brand X appears to be inconsistent with the Constitution, the Administrative Procedure Act and traditional tools of statutory interpretation. The justice was writing about an unrelated case that's not about net neutrality. "I don't see this as changing the outlook for net neutrality in the Supreme Court one way or the other," emailed Andrew Schwartzman, senior counselor for the Benton Institute for Broadband & Society. "Thomas' position on this has been expressed in the past, so what he said here doesn't change that." The FCC didn't comment. NCTA declined comment.