A draft order circulated by FCC Chairman Ajit Pai Tuesday would delay a 5G Fund auction until after the commission collects new data through the still-unfunded digital opportunity data collection. That means an auction is unlikely to start until 2023. Commissioners approved an NPRM in April, with dissents by Democrats, that laid out two options -- starting an auction next year based on data then available or waiting for the new numbers (see 2004230046). The Oct. 27 meeting also includes net neutrality and other items (see 2010060056), a controversial order on compound expansions of wireless facilities and revised TV white space rules.
Radio’s biggest companies say the medium has largely come back from the lows of the early COVID-19 slowdown, and its position may have improved, according to a Q&A panel with iHeartMedia CEO Bob Pittman, Entercom CEO David Field and Cumulus CEO Mary Berner that helped kick off the virtual Radio Show. “Broadcast radio has made a nearly complete recovery. We’re at nearly 90% of pre-pandemic levels” of listenership, said Berner. Brands in the pandemic have an increased need for local advertising, affordable ways to reach lots of customers, and ads that run on multiple platforms, said Pittman. “It’s a terrible situation to be in, but it does play to our strengths.”
The FCC made major changes to its draft 4.9 GHz order after it was circulated by Chairman Ajit Pai, based on our comparison. Commissioners last week approved the order on a party-line vote (see 2009300050). It now includes a section blocking states that divert 911 funds from participating. The FCC will make the cut, initially, based on the 2019 fee diversion report. Nevada, New Jersey, New York, Rhode Island and West Virginia are initially ineligible. A comparison of the draft and final order and Further NPRM on 5G in 3.45-3.55 GHz also found changes.
Momentum is building in both chambers for a Digital Millennium Copyright Act update as stakeholders remain at odds if a new DMCA is necessary or beneficial. Experts offered varying predictions in interviews about proposals to the Senate IP Subcommittee and House Judiciary Committee (see 2009300068).
Ajit Pai is seeking a vote on an FCC net neutrality order (see 2010050043) and various 5G items at what will likely be one of the biggest meetings since he became chairman at the start of the Trump administration (see 2010020046). The meeting is the last before the Nov. 3 election. Many of the items will be controversial, based on history. While the 5G items were expected (see 2009290062), Pai doesn’t list an order reallocating the 5.9 GHz band. Among other items on tap is a TV white spaces order and a draft order ending ILEC bundling and resale requirements, as expected (see 2009210029).
Satellite and astronomy interests are in talks expected to lead to best practices and norms for both, aimed at tackling concerns that broadband satellite mega constellations will be a big impediment to astronomical observations (see 1906100015). But we're told those norms and best practices aren't expected soon. Nor are regulations, as national licensing agencies are watching those satellite/astronomy talks closely but want to see standards take shape, experts said.
FCC Chairman Ajit Pai is expected to unveil the agenda for the Oct. 27 commissioners’ meeting Monday, and most observers expect it to be busy, with an emphasis on 5G-related items (see 2009290062). Depending on how the Nov. 3 election goes, if precedent holds, it could be Pai’s last to get action on major items, especially if they're at all controversial.
The U.S. Supreme Court’s grant of certiorari in the FCC’s and NAB’s appeals of the 3rd U.S. Circuit Court of Appeals Prometheus IV case (see 2004170065) could indicate the court has concerns about the 3rd Circuit’s 17-year retention of the broadcast ownership case, said academics and broadcast and public interest attorneys in interviews Friday. The high court issued an order Friday saying it will take up the matter, consolidating the NAB and FCC cases into one and setting one hour for oral argument. That argument could take place early in 2021 or hold off until spring, attorneys said.
The Senate Commerce Committee unanimously voted Thursday to issue subpoenas to Facebook, Google and Twitter for testimony from CEOs Mark Zuckerberg, Sundar Pichai and Jack Dorsey (see 2009250037). The vote was a “big, bipartisan signal to Big Tech,” Chairman Roger Wicker, R-Miss., told us, saying there’s agreement that Communications Decency Act Section 230 is “overdue for a makeover.” During Thursday’s executive session, Democrats suggested the hearing be held after the November election to avoid any influence over platform election content.
Expect the House Antitrust Subcommittee to release its report on Big Tech next week, Chairman David Cicilline, D-R.I., told us after Thursday’s final hearing on the matter. House Judiciary Committee Republicans planned to introduce legislation to amend Section 230 and limit liability protections for platforms making “editorial decisions,” ranking member Jim Jordan, R-Ohio, announced at the hearing.