With the FCC eyeing what it calls "fundamental changes" to its local cable rate regulation framework, most lawyers with local franchise authority (LFA) experience and locality allies we talked to said this is likely the agency looking for an easy target in its deregulation quest. A minority view believes cord cutting could be raising fears LFAs could soon end up in position to re-regulate cable franchises, and the FCC is tackling those little-employed rules before then. Commissioners launched a Further NPRM at October's meeting that would revise the agency's cable rate rules regime for basic tier regulation by LFAs (see 1810230037).
Cities may face an uphill battle convincing the 10th Circuit to transfer appeals of the FCC’s September infrastructure order to the 9th Circuit, said experts Friday. San Jose and other municipalities sought transfer in a Thursday motion (in Pacer) that questioned use of a judicial lottery to select the 10th Circuit. They argued Portland, Oregon’s 9th Circuit appeal of the August order pre-empting moratoriums should establish venue for appeals of the September order setting shot clocks and rate ceilings.
House Commerce Committee Chairman Greg Walden, R-Ore., is focusing on consensus telecom issues in the waning weeks of the GOP's control of that chamber and emphasizing the need for bipartisanship on the committee ahead of the incoming Democratic majority. Walden confirmed to us the House Republican Steering Committee formally recommended Thursday he be retained as the party's House Commerce leader in the 116th Congress, as expected (see 1811020048), becoming ranking member. Current committee ranking member Frank Pallone, D-N.J., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are considered near certain to take over (see 1811070054).
With the U.S. “on the cusp” of Trade Act Section 301 tariffs rising Jan. 1 to 25 percent on $200 billion worth of Chinese imports, President Donald Trump took “authority that he does not have under the law” when he ordered the Sept. 24 imposition of retaliatory duties (see 1809180020), CTA President Gary Shapiro told the American Legislative Exchange Council’s States & Nation Policy Summit in a keynote Thursday. Speaking to an audience of mainly conservative state legislators, Shapiro stopped well short of threatening a CTA court challenge to block the Trump administration from putting the higher tariffs into effect, though CTA frequently has blasted the duties as "taxes" that run "afoul" of the 1974 Trade Act (see 1809070032).
Michigan small-cells legislation is heading to the governor’s desk after the House voted 74-35 Wednesday for SB-637 and 77-32 for SB-894. Like bills passed in 20 other states, industry-supported SB-637 aims to speed deployment of 5G wireless facilities by pre-empting local government authority in the right of way. SB-894 was needed to ensure zoning code reflects SB-637’s provisions because one can’t amend the zoning code by reference there. It's the first state to pass such a bill since the FCC’s September order setting review shot clocks and national rate ceilings.
The auto industry and allies urged the FCC to preserve the 5.9 GHz band for vehicle-safety communications and further scrutinize possible spectrum sharing with Wi-Fi. They said Office of Engineering and Technology phase I lab testing had limitations but showed unlicensed device prototypes could cause harmful interference with incumbent dedicated short-range communications at 5850-5925 MHz. The agency should carry out phase II and III field tests before making changes, they commented, posted through Thursday in docket 13-49 responding to an OET notice (see 1810290063).
Whether the 3.5 GHz band paradigm becomes the new norm or a specialty tool for particular occasions was debated by FCC Commissioners Mike O'Rielly and Jessica Rosenworcel at a WiFiForward coalition event Thursday. "It's almost radical," eschewing the binary approach of licensed vs. unlicensed spectrum and going instead with the hierarchy of incumbents, secondary licenses and opportunistic use, Rosenworcel said. She hopes that approach will be used in other bands globally.
The 2018 draft quadrennial review NPRM’s absence of conclusions makes it hard to know what the proceeding will lead to, broadcasters and their lawyers told us. Though the item asks many questions about possible changes to radio subcaps, top-four ownership rules and the broadcast market, lack of concrete proposals leaves open the possibility the agency may not act on any of those matters (see 1811200048), they said. “They didn’t reveal their hand,” said Garvey Schubert's Melodie Virtue.
Telecom-focused lawmakers are beginning to look at how the net neutrality debate will advance in the 116th Congress, as the deadline looms for the House to act on a Congressional Review Act resolution aimed at undoing FCC rescission of 2015 rules. Supporters of House Joint Resolution-129 campaigned again Thursday for House passage (see 1811260028), which faces long odds in the still-majority GOP chamber. Democrats, who will control the House next Congress, aren't completely discounting a path toward legislation but also see other uses of power to progress. Republicans, who will still control the Senate, remain hopeful but wary about the prospects for compromise legislation.
The House Republican Steering Committee is likely to recommend a member for the top GOP House Judiciary Committee seat by Thursday, lobbyists and officials told us. The race to succeed retiring Chairman Bob Goodlatte, R-Va., is between Reps. Doug Collins, Georgia; Steve Chabot, Ohio; and Jim Jordan, Ohio, with Collins the favorite (see 1810310025). The committee vote wraps up Thursday, a House aide said, and the recommendation is subject to Republican caucus ratification. Senate GOP leaders are eyeing a reduction in Senate Commerce Committee membership for the 116th Congress (see 1811280058).