Commissioner Mike O’Rielly’s departure from the FCC “looks to be on track for some point next week,” he said Friday in a goodbye email with an accompanying video message sent out to all FCC staff. In the video, O’Rielly said his “FCC end date is soon approaching in the days or weeks ahead.” His office said O’Rielly intends to serve the rest of his term, which could include Thursday’s commissioners’ meeting, depending on the confirmation status of his projected replacement, Nathan Simington. In the video, O’Rielly hinted at a future endeavor involving communications policy or lobbying the agency, and profusely thanked FCC staff. “Commissioners are temporary employees, merely visitors occupying a seat at the institution, until the next person arrives,” he said.
Hill conferees’ version of the FY 2021 National Defense Authorization Act retains some modified language from separate House- and Senate-passed versions of the measure (HR-6395/S-4049) aimed at hindering Ligado’s L-band plan rollout, as expected (see 2011230063). Ligado’s supporters and opponents aren’t completely satisfied with the language, though both sides spun it as a relative win. Some also believe it’s unlikely the FCC will act soon on the Ligado approval petitions for reconsideration pending before it (see 2005210043). The FCC didn't comment.
The Pennsylvania Public Utility Commission aims to spur broadband with its first pole-attachment dispute resolution since the state asserted authority in March by reverse preempting the FCC, Chairman Gladys Brown Dutrieuille said at Thursday's virtual meeting. Commissioners voted unanimously to reduce telecom attachment rates FirstEnergy charges Verizon. In other states that day, California Sen. Lena Gonzalez (D) announced a second go at her Broadband for All bill and Colorado’s Broadband Advisory Board held its first meeting.
An omnibus FY 2021 appropriations measure under negotiation is likely to include funding for the FCC to implement the Broadband Deployment Accuracy and Technological Availability Act (S-1822), said House Commerce Committee Chairman Frank Pallone, D-N.J., Thursday. He told a USTelecom webinar that he believes movement on infrastructure legislation like the House-passed Moving Forward Act (HR-2) is “not going to happen” during the waning days of the lame-duck session, but “hopefully we can get it passed” and enacted after President-elect Joe Biden’s inauguration. Many advocates of federal broadband spending are optimistic a Biden administration will be able to reach a deal with Congress on infrastructure legislation (see 2011200056).
Expect President-elect Joe Biden’s DOJ to quickly withdraw from a lawsuit at U.S. District Court for Eastern California challenging that state’s net neutrality law (case 2:18-cv-02660), experts said in interviews this week. It probably wouldn’t stop USTelecom, CTIA, NCTA and ACA Connects from continuing industry’s challenge (case 2:18-cv-02684), they said. Open-internet bills blossomed in many states after Chairman Ajit Pai’s FCC reversed the previous commission’s Communications Act Title II order.
Congress should “do away” with Communications Decency Act Section 230 but not through the FY 2021 National Defense Authorization Act, Senate Armed Services Committee Chairman Jim Inhofe, R-Okla., told reporters Wednesday. He said negotiators won’t include Section 230 language in the final bill, despite a veto threat from President Donald Trump (see 2012010064). Section 230 “has nothing to do with the military, and I agree with his sentiments we ought to do away with 230, but you can’t do it in this bill,” Inhofe said, citing it as a nonstarter for Democrats.
Senate Republican leaders are eyeing a floor vote as soon as next week to confirm FCC nominee Nathan Simington, setting up what’s likely to be a partisan showdown over the prospect of a 2-2 commission deadlock at the start of President-elect Joe Biden's incoming administration. The Commerce Committee advanced Simington Wednesday, as expected (see 2012010064), on a 14-12 party-line vote. Senate Democrats are already watching the potential implications for Biden’s pick for the party’s third FCC seat, when Chairman Ajit Pai leaves Jan. 20 (see 2011300032).
The Senate Commerce Committee appeared on track before its Wednesday meeting to advance FCC nominee Nathan Simington’s confirmation to the full chamber. That's despite continued uncertainty about whether panel member Dan Sullivan of Alaska will join other Republicans in backing the nominee. Opponents of Simington’s confirmation claim President Donald Trump picked him to displace Commissioner Mike O’Rielly because the nominee supports the push for a rulemaking on its Communications Decency Act Section 230 interpretation (see 2011100070).
The two major C-band satellite operators, Intelsat and SES, have band-clearing efforts underway such as relocating customers to different satellites and shipping out integrated receiver/decoders (IRD), they told us. The FCC said the C-band auction "will begin on schedule."
Backers and some critics of Ajit Pai agreed he was a particularly effective FCC chairman, leaving behind a legacy of major accomplishments and changes. Pai announced Monday he will step down on Inauguration Day, Jan. 20 (see 2011300020). Supporters said his scorecard includes enacting policies that accelerated broadband deployment and steering the agency through the pandemic.