The Supreme Court granted the government another extension, until April 4, to respond to appeals of a lower-court ruling affirming the FCC's 2015 net neutrality order. Some parties told us they believe the government is biding its time until the commission's recent "internet freedom" order repealing net neutrality regulation takes effect so the case over the 2015 order can arguably be dismissed -- with a lower court ruling possibly even vacated -- as moot. More petitioners challenging the repeal order filed Monday.
The lead sponsors of the Stop Enabling Sex Traffickers Act (S-1693) were still deciding at the end of last week whether they will seek to pass the existing language of their bill when it comes up for a floor vote the week of March 12, or instead pursue the combination with the Allow States and Victims to Fight Online Sex Trafficking Act (HR-1865) the House passed Tuesday. The House cleared HR-1865 on a 388-25 vote after agreeing to add provisions from S-1693 over objections from some tech sector and privacy advocates (see 1802270057). Sen. Ron Wyden, D-Ore., meanwhile, continued to raise objections to S-1693 that stalled the bill last year (see 1711080042 and 1801030047).
Cloud Act sponsor Sen. Chris Coons, D-Del., told us Thursday he’s hopeful the legislation will get attached to the fiscal 2018 spending bill, though it will require consent from “an awful lot of folks.” Agreement would need to come from Sen. Chuck Grassley, R-Iowa, and Rep. Bob Goodlatte, R-Va., who respectively chair the Senate and House Judiciary Committees and could assert jurisdiction over the bill and schedule hearings (see 1802140062). Oral argument in U.S. v. Microsoft was held last week before the Supreme Court, where justices explored implications of the Cloud Act (S-2383) (see 1802270052).
Broadband bill authors in three states differed on the role of municipal broadband, in interviews last week. A state senator seeking to end Tennessee’s ban on muni broadband expansion said it’s key to reaching rural areas that ISPs don’t want to serve. But a Washington state representative who wants to expand ports’ authority to provide fiber said she opposes municipal networks. A Georgia senator said he’s not against muni broadband in unserved areas but prefers assigning the task to electric cooperatives.
The 3.7-4.2 GHz band is emerging as one of the next big spectrum focuses of the FCC, with an NPRM likely this summer or before, officials said, but exactly what Chairman Ajit Pai will propose remains to be seen. Last summer, the Broadband Access Coalition (BAC) asked the agency to allow fixed wireless use of the band (see 1708080050), while protecting fixed satellite service incumbents. A rival plan by Intel and others backs licensed use of the 3.7-4.2 GHz band and unlicensed use of the 6 GHz band. Intel also proposed a plan with Intelsat for clearing the 3.7 GHz spectrum (see 1710020047).
Any requests for a stay of the FCC net neutrality repeal are complicated in the near term by the considerable delay in its effective date, parties and observers told us. The "internet freedom" order undoing net neutrality regulation won't take effect until the Office of Management and Budget approves the commission's modified ISP transparency (disclosure) rules under the Paperwork Reduction Act, a process that is expected to take at least a few months. A stay movant would have to show there's some likelihood of immediate irreparable harm and success on the case's merits, among other factors.
Internet platforms and governments must raise their game against illegal content or face regulation, the European Commission said Thursday. It recommended operational measures companies and administrations take before it decides whether to propose legislation. The nonbinding recommendation builds on a September EC statement on tackling illegal content online and applies to all forms of illegal content. Digital rights activists, tech companies and ISPs slammed the action. The U.K., meanwhile, is also pressing platforms to do more.
Sen. Joni Ernst, R-Iowa, pressed Secretary of Transportation Elaine Chao to explain why President Donald Trump's infrastructure legislative proposal doesn't include “direct funding” for broadband projects via “existing programs” like the USF High Cost program and the Rural Utilities Service, during a Thursday Senate Environment and Public Works Committee hearing. Trump’s legislative package, released last month, proposes $50 billion in federal funding for rural infrastructure projects allocated via state block grants (see 1802120001). Democrats criticized the proposal for not including dedicated broadband funding (see 1802140052 and 1802140064).
New Mexico Gov. Susana Martinez (R) enacted small-cells legislation, as similar bills advanced in other state legislatures this week. Thursday, Virginia legislators passed a zoning bill that would expand on last year’s small-cells law, and Utah senators were expected to have voted later in the day on sending an amended small-cells bill to the other chamber. Wednesday, the Georgia Senate passed a small-cells bill, and a Hawaii Senate committee voted 11-0 to clear another. Other small-cells bills got OKs this week from the West Virginia House and committees in Oklahoma and Missouri (see 1802280022).
Who runs OneWeb is increasingly being debated before the FCC. Corporate governance experts told us corporate law on the answer is vague, despite assertions by some non-geostationary orbit (NGSO) operators that Executive Chairman Greg Wyler controls the company. But satellite lawyers said corporate governance rules are irrelevant since FCC rules precisely spell out who's deemed to have control and Wyler fits that bill. Various satellite operators opposed Boeing's request to transfer two of its NGSO applications to Wyler and his new company, SOM1101, on the grounds FCC rules prohibit one entity from holding attributable interests in two pending NGSO systems (see 1802130019).