An FCC Enforcement Bureau public notice is an early window into how the agency will handle many net neutrality issues, addressing them on a case-by-case basis (see 1505200059), industry observers told us. Wednesday's PN said more guidance may be forthcoming, but for now the Enforcement Bureau will look at whether providers are taking “reasonable, good-faith steps” to comply with privacy protections in Section 222 of the Communications Act. The rules take effect June 12.
The White House wants FCC Commissioner Jessica Rosenworcel to have another term as FCC commissioner. But Rosenworcel, a Democrat, may not have an entirely speedy or easy confirmation from the GOP-controlled Senate, though some observers believe derailing her reconfirmation could backfire on Senate Republicans if attempted. Her term expires June 30, and she will be empowered as a commissioner through the end of next year if there is no Senate action.
House Communications Subcommittee Chairman Greg Walden, R-Ore., approves of Democratic FCC transparency revamp measures, he said during a brief subcommittee hearing Friday. But Democrats complained of Democratic measures not taken up. They pointed to the Keeping Our Campaigns Honest Act (HR-2125), which would press for a greater FCC role in disclosure of political spending on the airwaves.
Witnesses will offer differing views of the FCC transparency legislation to the House Communications Subcommittee during a Friday hearing. “Some provisions of the bills you are considering may dramatically extend the rulemaking process,” Stuart Benjamin, associate dean-research at Duke Law, plans to testify. He will point to provisions that “if a court required the Commission to take a hard look at all the arguments and data in each new set of submissions, the rulemaking process might never conclude.”
CEA President Gary Shapiro used a “super panel” on the future of TV at the ATSC Broadcast TV Conference Thursday to challenge NAB President Gordon Smith to declare that NAB plans to seek no “further delays or modifications” in the FCC incentive auction schedule. Smith responded that there wouldn’t be any delays, repeating what he said at the NAB Show that broadcasters want the auction to go forward.
The three witnesses testifying on FCC process overhaul before the House Communications Subcommittee Friday are Stuart Benjamin, associate dean-research at Duke Law; Free State Foundation President Randolph May; and Robert McDowell, former FCC commissioner now with Wiley Rein. Benjamin focuses on telecom law and co-authored Telecommunications Law and Policy. All three witnesses testified on improving FCC process before the same subcommittee in July 2013. The Friday hearing, at 9:15 a.m. in 2322 Rayburn, will focus on three draft measures circulated by subcommittee Democrats and a new version of the FCC Process Review Act put together by Subcommittee Chairman Greg Walden, R-Ore., ranking member Anna Eshoo, D-Calif., and Rep. Adam Kinzinger, R-Ill. “Together, these bills aim to further the Subcommittee’s efforts to minimize the potential for procedural failings and abuse, and to improve agency transparency, efficiency, and accountability,” the GOP memo said. The revamped FCC Process Review Act “is the product of several months of bipartisan Subcommittee negotiations and represents a significant step towards a better-functioning agency,” producing “a collaborative process in which the Commission establishes the parameters to achieve congressionally established goals,” it said. “The Commission is charged with setting its own deadlines and minimum comment periods for rules and publication of FCC documents and with developing performance measures for program activities, which will provide parties and the public certainty and accountability. In addition, the required notice of inquiry asks the FCC to seek public comment on particularly complex issues that warrant further examination and improvement.” It would compel an annual scorecard of commission activities and lets FCC commissioners “engage in non-public, collaborative discussions, which currently are prohibited by the Sunshine Act.” The subcommittee has said it plans to mark up process legislation next week.
TCH Group hires Doug Wiley, ex-Wiley Rein, as partner ... Facebook hires Kevin Martin, ex-FCC chairman who had been consulting for the company for two years, as vice president-mobile and global access policy, and promotes Chief Privacy Officer Erin Egan to also be vice president-U.S. public policy, leading Washington office ... Time Warner promotes Doug Shapiro to executive vice president-chief strategy officer, Turner Broadcasting System, effective in July ... American Society of Composers, Authors and Publishers hires Clara Kim, ex-National Geographic, as executive vice president-general counsel, effective June 1, succeeding Elizabeth Matthews, promoted to CEO in January ... Verizon hires Melissa Garlick, ex-Fiat Chrysler, to lead new Brand Creative organization ... Shomi streaming service hires David Asch, ex-Redbox, as senior vice president-general manager ... Link Labs, low-power, wide-area IoT network firm, hires Bryan Eagle, ex-Multi-Tech Systems, as vice president-business development and marketing.
Verizon is buying AOL for $4.4 billion, in a deal aimed at strengthening Verizon's LTE wireless video and over-the-top (OTT) video platforms. AOL still offers dial-up ISP service and is also a content company with assets that include AOL.com, Engadget, Huffington Post, Makers and TechCrunch. The transaction also gives Verizon AOL’s expertise in mobile advertising, the companies said Tuesday.
A group of broadcast attorneys met Wednesday with members of the FCC Incentive Auction Task Force, Media Bureau, Wireless Bureau and the Office of General Counsel to discuss how anti-collusion rules will apply to attorneys representing TV stations in the reverse auction, according to an ex parte filing posted by the FCC Monday. The anti-collusion rules are expected to limit severely communications among attorneys representing TV stations, Communications Daily has reported. Wiley Rein's Kathleen Kirby, Fletcher Heald's Stephen Lovelady and Jack Goodman were the broadcast attorneys in the meeting.
CAMBRIDGE, Md. -- FCC Enforcement Bureau Chief Travis LeBlanc said he wants to head off “wrongful activity” under the net neutrality order by giving industry as much guidance as possible. He promised vigorous enforcement tempered by “regulatory humility” to ensure innovation isn’t stifled. LeBlanc was among the speakers Friday and Saturday at the FCBA’s annual retreat, where net neutrality was a hot topic. The net neutrality order also reclassified broadband Internet access as a telecom service under Title II of the Communications Act (see 1502260043 and 1502260050).