The FCC appears close to inserting an industry safe harbor into a draft order on the agenda for commissioners' meeting Wednesday to create a reassigned number database, officials told us Tuesday. "I expect it to happen," said an agency official, who hadn't seen actual language. Commissioner Brendan Carr's office asked that such a safe harbor be added, said another, who's hopeful the change would occur.
The 2018 draft quadrennial review NPRM remained in flux Tuesday after a host of changes to tone and language suggested mainly by the offices of Commissioners Jessica Rosenworcel and Mike O’Rielly, FCC officials told us. Both offices sought changes intended to make the draft more “neutral” but differed on specific edits, officials said. Though one said the final item likely won’t include many changes proposed by Rosenworcel’s office, it wasn’t clear Tuesday how she will vote. “We’re combing through the changes and the commissioner is still considering it,” said an aide to Rosenworcel.
Concerns are growing DOD is considering use of what some consider an overly conservative emissions standard to protect GPS: 1 dB. If the Pentagon moves in that direction, it could potentially render some bands unusable for commercial operations, particularly 1.3 GHz, targeted for reallocation by NTIA. Industry officials told us the 1 dB criteria was never intended for broad use when it first put forward years ago to protect GPS inside its bands.
Debate continues whether the FY 2019 National Defense Authorization Act means the FCC can bar use of USF money to buy equipment or services from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain (see 1811190033). Replies largely followed the same lines as initial comments. Most said the NDAA clearly doesn’t apply here.
The California Public Utilities Commission aims to decide by Q2 on T-Mobile’s $26 billion buy of Sprint, Commissioner Clifford Rechtschaffen said at a Monday workshop. The CPUC plans at least three public workshops around the state before then, he said. The New York Public Service Commission is also closely scrutinizing the deal. Other states have given OKs more quickly (see 1812030029).
Industry witnesses at a Tuesday House Communications Subcommittee hearing will laud the passage and ongoing implementation of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum statute, in written testimony. They will outline additional legislative measures for consideration in the 116th Congress. The House Communications hearing is expected to emphasize the statute's language to aid the broadcast incentive auction repacking process. Lawmakers are likely to again raise concerns about the FCC's broadband coverage data mapping practices (see 1812070040). The hearing begins at 2 p.m. in Rayburn 2322.
Supporters and opponents of a Congressional Review Act resolution to undo FCC rescission of 2015 net neutrality rules are disputing whether Monday was the last legislative day to get the minimum of 218 signatures on a discharge petition to force a House floor vote on the CRA measure. Democrats who favored the CRA push, meanwhile, lauded reports the FBI launched an investigation into the alleged fake comments submitted in the lead-up to commissioner's vote on the rescission order. New York Attorney General Barbara Underwood (D) is also conducting a probe (see 1810160071).
NTIA's request federal wireless users assess their long-term spectrum needs (see 1811300046) is partly an attempt to plan for addressing continuing private-sector demand for access to government frequencies, said Administrator David Redl at Friday's Practising Law Institute conference. Nearer term, he voiced optimism about spectrum sharing and making prized mid-band spectrum available.
Senate Commerce Committee lawmakers told us last week they are motivated to address data security and privacy issues early in 2019, amid a steady stream of breaches. Sen. Richard Blumenthal, D-Conn., told reporters he’s hopeful for a draft privacy bill with Sen. Jerry Moran, R-Kan., “early in the next session.” Chairman John Thune, R-S.D., and his likely committee successor, Sen. Roger Wicker, R-Miss., plan to advance the panel’s privacy effort and address a wide range of data breach issues.
Nexstar’s proposed buy of Tribune could complicate upcoming action on the national TV ownership cap, said broadcasters and their lawyers in interviews. The transaction (see 1812030055) doesn’t exert pressure on the FCC to act on the cap soon because it fits under current rules, but the deal could become the focus of negative attention if the FCC relaxes the ownership cap while it’s still pending. Since the deal’s designed to work under the rules, changes to them -- such as doing away with the UHF discount -- could also negatively affect it, experts said.