The FCC is open, as of Thursday, for in-person meetings, but most industry and FCC officials don’t expect a large early wave of visits to the FCC, with many meetings remaining virtual. Aides to the FCC commissioners told us Friday they haven't been getting calls for in-person visits since Chairwoman Jessica Rosenworcel announced the reopening Wednesday (see 2206080055).

Public interest advocates urged states to start planning now if they haven’t already for NTIA’s broadband equity, access and deployment (BEAD) program, during a Schools, Health & Libraries Broadband Coalition webinar Thursday on the Infrastructure Investment and Jobs Act’s broadband funding. Panelists also said NTIA should take a technology- and provider-neutral approach to setting eligibility requirements for the middle mile and other programs.

California’s net neutrality law survived an appeal by ISP associations at the 9th U.S. Circuit Court of Appeals. The panel’s Friday opinion that the FCC can’t preempt states after giving up its own broadband authority could affect ISP challenges of Vermont net neutrality and New York state affordable broadband laws, said legal experts.

A draft FCC NPRM to adopt consumer broadband labels is expected to be unanimously approved during Thursday’s commissioners’ meeting, aides told us. The item is likely to take up the bulk of the meeting as most agenda items were adopted in advance (see 2201260016).

Industry and advocacy groups are preparing comments by the Jan. 18 deadline for an FCC notice of inquiry on its report to Congress on the future of USF (see 2112160074). The document is due by August on the Infrastructure Investment and Jobs Act’s impact on existing programs and what they should look like moving forward.

Senate Commerce Committee Republicans’ questioning of Democratic FCC nominee Gigi Sohn at a planned Wednesday confirmation hearing (see 2111230066) is likely to partially focus on her views on the fairness doctrine in a bid to suggest her joining the commission would increase the chances the agency would seek to bring back the long-rescinded rules, lawmakers and officials told us. Sohn backers question the likely GOP focus on that issue, arguing that while she and others in the past preferred bringing back the rules, such erstwhile supporters see virtually no momentum in its favor under a 3-2 Democratic majority.

Unless President Joe Biden makes nominations soon and the Senate acts (see 2110080043), in just three months the once nearly unthinkable could happen -- a 2-1 majority-GOP FCC with Geoffrey Starks the acting chairman and sole Democrat. Industry observers said if that happens it will probably mean a continuation of the current FCC under acting Chairwoman Jessica Rosenworcel. Starks will set the agenda but can seek votes only on items where there's Republican buy-in. Contentious issues like rewriting net neutrality rules would be pushed to a time when Democrats have a majority. Rosenworcel and Starks didn't comment.

A petition challenging the FCC USF Q4 contribution factor is likely to fail on procedural grounds but may be part of a bigger challenge to dismantle USF entirely, legal experts said in recent interviews (see 2110010062). Some said it may be an effort to force a reevaluation of the nondelegation doctrine that prohibits Congress from delegating legislative powers to executive branch agencies.

Congressional Democrats are returning from a month-plus recess more willing to vent frustrations over President Joe Biden’s delay in announcing nominees to two Democratic FCC seats. They cite growing concerns the sometimes-lengthy Senate confirmation process could result in the current 2-2 split commission switching to a 2-1 GOP majority in January. Acting Chairwoman Jessica Rosenworcel’s term expired in June 2020, meaning she would have to leave Jan. 3 absent Senate reconfirmation.

The FCC could accede to a request to pause new foreign-sponsored content identification rules, and it's likely broadcasters otherwise will renew the request in court, said broadcast and appellate attorneys in interviews. A stay petition was filed last week by NAB, the National Association of Black Owned Broadcasters and the Multicultural Media, Telecom and Internet Council. They argue the new rules will affect all stations when relatively few air the content targeted by the regulations. The FCC “could easily have achieved its purported objectives and then some with a less burdensome approach,” said the stay request.