A second hold placed last week on Senate confirmation of FCC Commissioner Brendan Carr to a full five-year term has at least considerably hindered the prospects for the chamber to approve him and Democratic FCC nominee Geoffrey Starks this year, lawmakers and lobbyists said in interviews. Sen. Joe Manchin, D-W.Va., placed a hold on Carr because of the FCC's decision to suspend the window for responding to Mobility Fund Phase II challenges (see 1812140047). Sen. Dan Sullivan, R-Alaska, placed an ongoing hold on Carr earlier this year over concerns about FCC handling of the USF Rural Health Care Program (see 1809130059). Senate leaders intend to move the nominees as a pair.
FCC Commissioner Brendan Carr and wireless carriers cheered after an FCC order persuaded the California Public Utilities Commission not to move ahead on a Jan. 10 vote on a proposal to affirm text messaging is subject to state USF and other “public purpose program” surcharges. Last week’s FCC order classifying wireless texting as an information service (see 1812120043), plus negative public attention in the media, contributed to the state agency scuttling the item, observers said. The CPUC could legally revive the plan, said NARUC and California consumer groups.
The war of words between municipalities and MVPDs escalated over whether local franchise authorities can continue public, educational and government programming obligations in addition to a 5 percent U.S. cap on LFA charges. The fight led to what stakeholders said appears to be the first study estimating LFA potential costs, filed with the FCC days after its new economics office opened (see 1812110036). The NCTA-backed economic analysis by Compass Lexecon said such additional fees can run into the billions of dollars annually. The group and others claim broadband deployment could be stifled because such fees can eat up industry spending.
The FCC extended by up to six years a freeze on federal-state jurisdictional separations -- of telco costs and revenue -- set to expire Dec. 31. That's longer than recent extensions but shorter than apparently proposed in a draft order (see 1811140033). It was a compromise sought by Commissioner Brendan Carr after Commissioner Mike O'Rielly, federal-state joint board chairman, pushed a 15-year extension proposed in an NPRM that state regulators opposed (see 1807180059).
The C-Band Alliance (CBA) proposal for that spectrum may be gaining steam, but questions remain about what’s next for the FCC on this key mid-band swath. Any approach likely will face significant opposition, based on replies last week that show no emerging consensus (see 1812120010). The alliance has some optimism.
Chief Justice John Roberts and Justice Brett Kavanaugh likely will participate if the Supreme Court is asked to review the FCC net neutrality rollback, said court watchers, noting justices have wide leeway on recusals. They recused themselves without explanation from a November decision not to consider the prior commission's 2015 Communications Act Title II net neutrality order (see 1811050008). Their apparent reasons -- possible conflicts over Roberts' shares and Kavanaugh's lower court participation -- aren't expected to be repeated if the current Republican-run FCC's Title I order comes before them.
The three rounds of Trade Act Section 301 tariffs imposed since July on $250 billion worth of Chinese goods are costing the tech industry more than $1 billion a month in added fees, reported CTA Friday. CTA released its estimates as the Trump administration officially delayed to March 2 its plan to raise the third tranche of 10 percent tariffs to 25 percent.
Supreme Court review of a federal appeals court ruling that interconnected VoIP is an information service is no sure thing. But petitioning the highest court may be the Minnesota Public Utilities Commission’s only remaining option if the agency wants to continue arguing the state may regulate Charter Communications cable VoIP, said experts in interviews last week. The 8th Circuit U.S. Court of Appeals earlier this month denied the PUC’s petition for en banc rehearing (see 1812040045) of a panel’s September ruling (see 1809070030). If it stands, the decision would affect a Vermont VoIP proceeding and any other state that sees traditional and VoIP services as functionally equivalent, experts said.
Political maneuvering to allow Senate confirmation of FCC Commissioner Brendan Carr to a full five-year term appeared to take that process one step forward and one step back, with Sen. Joe Manchin, D-W.Va., placing his own hold on the nominee and FCC Chairman Ajit Pai working to end an existing hold from Sen. Dan Sullivan, R-Alaska. Pai committed in letters released Friday to a series of steps to resolve USF Rural Health Care Program concerns that led Sullivan to place the hold earlier this year (see 1809130059). Manchin placed his own hold Thursday on Carr, citing the FCC’s decision this month to suspend the window for responding to Mobility Fund Phase II challenges while the agency investigates whether top wireless carriers submitted incorrect broadband coverage maps in violation of MF-II rules (see 1812070048).
Gray and Raycom -- in the process of selling TV stations in nine designated market areas as part of their $3.6 billion deal announced in June (see 1808270038) -- now also have DOJ requiring the same as terms for OK. In a complaint filed Friday with U.S. District Court for the District of Columbia, Justice said the deal minus the divestitures would leave New Gray with increased power to charge MVPDs higher fees for its programming and advertisers more to reach audiences in those markets.