In a media market where broadcasters and MVPDs are far more regulated than booming streaming competition, Congress should consider expanding FCC forbearance authority to cover the video market including broadcasters and MVPDs, Chairman Ajit Pai told the Media Institute Tuesday. He said government should "fundamentally rethink the very concept of media ownership regulation."
Republican senators are watching closely to see how the FTC and state enforcers apply antitrust standards to digital platforms in lawsuits against Facebook (see 2012090062). Some senators offered skepticism in interviews about a potential Facebook breakup and the forced sale of WhatsApp and Instagram, as requested by the FTC. The agency is in a far different position than when it allowed the Instagram and WhatsApp deals, legal experts told us, while drawing comparisons to the Microsoft case in the 1990s.
After arguments on a separate Telephone Consumer Protection Act case last week at the Supreme Court (see 2012080053), the FCC provided clarity Monday that contractors working for federal, state or local governments, plus localities themselves, must obtain consumer consent before making robocalls under the TCPA. The FCC clarified that “federal and state government callers, when acting in an official capacity, are not subject to the prior consent requirements of the TCPA.” Outgoing Commissioner Mike O’Rielly concurred. Commissioners Jessica Rosenworcel and Geoffrey Starks dissented in part (see 2012140028).
The satellite industry still isn't finding common ground on whether the FCC should vary regulatory fees for different types of non-geostationary orbit constellations rather than charge one $223,500 annual fee for all NGSOs (see 2006300070). Docket 20-105 comments last week also showed some disagreements about whether size matters when it comes to bigger constellations requiring more regulatory resources.
The New York Power Authority is exploring numerous spectrum bands as it looks to put 150,000 sensor points throughout its network online, CEO Gil Quiniones said Friday on a webinar sponsored by the U.S. Energy Association. Morgan O'Brien, executive chairman of Anterix, said utility interest in the 900 MHz band has been strong. NYPA is the nation's largest public power provider.
President-elect Joe Biden's incoming administration should soon nominate an FCC chair willing to rein in costs for inmate calling services, advocates for ICS rate cuts and other changes said in recent interviews. The Biden administration is in a “really good position to get across the finish line” because of a past NPRM on rate caps, said United Church of Christ Office of Communication's Cheryl Leanza. “That puts them ahead of the game.”
Some lawmakers will seek passage of state net neutrality laws, even with President-elect Joe Biden in the White House next year. Federal rules are no sure thing, despite Biden’s support, Democratic state legislators who introduced bills in the past said in recent interviews. Other Democrats said they feel less pressure now.
FCC Chairman Ajit Pai is thought unlikely to press forward on a declaratory ruling on Communications Decency Act Section 230, industry and agency officials said, though FCC Democrats are watching closely. Commissioner Brendan Carr urged limited action Thursday (see 2012100074). Nathan Simington was picked as the next Republican commissioner largely because of his stance on Section 230. But for Pai, the downside would likely outweigh the benefits of acting, officials said.
FCC commissioners cleared an NPRM 5-0 Thursday proposing the limited marketing and sale of wireless devices to consumers before equipment authorization, as long as those devices aren't provided to consumers until authorized by the FCC. The CTA-sought change has strong backing from tech companies and groups. Commissioner Mike O’Rielly initially sought the change, and the FCC took comment over the summer (see 2007100042).
Expect to see fewer big interagency spectrum disputes under the President Joe Biden administration, and the FCC taking a lot more action on delegated authority, with the commissioners being split 2-2, agency watchers said in a Georgetown University-hosted webinar Thursday looking at likely policy issues for the next commission. Many said the 2-2 commission won't inherently lead to political deadlock.