Republican FCC nominee Olivia Trusty could get more support Wednesday from Senate Commerce Committee Democrats than NTIA administrator pick Arielle Roth drew earlier this month (see 2504090037), but lobbyists told us the likely tally remained in flux Tuesday afternoon. Panel Democrats gave Trusty a warm reception at her April 9 confirmation hearing (see 2504090060), after only one caucus member, Sen. John Fetterman of Pennsylvania, joined all 15 Republicans to advance Roth. Senate Commerce's Wednesday markup session will begin at 10 a.m. in 253 Russell.
Trent Harkrader steps down as FCC's acting Wireline Bureau chief; FCC retirements include: Public Safety Bureau Associate Chief Jeffery Goldthorp (22 years of service); Wireless Bureau's John Lambert (17); from Office of General Counsel: Lori Alexiou (21) and Larry Atlas (18) ... The U.K. Office of Communications names to three-year terms on new online information advisory committee: Elisabeth Costa, Behavioural Insights Team; Jeffrey Howard, University College London; Will Moy, Campbell Collaboration; Mark Scott, Atlantic Council; and Devika Shanker-Grandpierre, EU Knowledge Hub on Prevention of Radicalisation.
Monica DeLong, who served in the FCC Wireless Bureau for 17 years as an attorney adviser, has died. FCC Chairman Brendan Carr announced DeLong’s passing during Monday’s open commission meeting. No details were released. Carr called DeLong “a huge contributor to the agency's work, primarily focusing on wireless transactions... She will be deeply missed.”
The Edison Electric Institute asked the FCC to act on its petition for clarity on a requirement that utilities have prior express consent under the Telephone Consumer Protection Act to send demand response calls and texts to their customers (see 2503100047). “As EEI explained in the Petition, demand response programs are a ‘crucial strategy for utilities’ to help keep the electricity grid stable ‘given the dramatic increases of both energy demand, and the costs borne by customers associated with meeting that demand,’” said a filing last week in docket 02-278.
Responsible Enterprises Against Consumer Harassment (REACH) asked the FCC to clarify that calls made with a called party's consent are not solicitations and not subject to time restrictions under the Telephone Consumer Protection Act.
T-Mobile and UScellular representatives met with FCC staff examining their proposed deal, in which T-Mobile is buying wireless assets, including spectrum, from the smaller carrier for about $4.4 billion, including $2 billion in assumed debt (see 2405280047). The representatives “discussed the timing and status of the … transaction and urged expeditious action,” said a filing Friday in docket 24-286. “They informed FCC staff about UScellular’s steps to relinquish its Eligible Telecommunications Carrier designations in connection with the transaction” and “the status of the various FCC requests for information, documents, and data.”
Wi-Fi advocates on Monday filed at the FCC a study by Plum Consulting countering a recent NextNav engineering study that found no interference concerns with the company’s proposal for the FCC to reconfigure the 902-928 MHz band “to enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2503030023).
NCTA and other groups raised concerns about AT&T’s proposed buy of 3.45 GHz licenses from UScellular in comments posted Monday in docket 25-150. “Far from being routine, this waiver would push AT&T to the edge of -- or beyond -- longstanding spectrum thresholds in numerous markets, with broad implications for mid-band spectrum access and wireless market structure nationwide,” NCTA said. The transaction is tied to UScellular's proposed sale of wireless assets, including spectrum, to T-Mobile, which has also proven to be controversial (see 2504150046).
A journalist and public interest group have sued the FCC in the U.S. District Court for the District of Columbia to compel the agency to release records related to the Department of Government Efficiency. Nina Burleigh, a contributor to The New Republic and The New York Times, and Frequency Forward jointly asked the court to require the FCC to respond to a Freedom of Information Act request for records on DOGE’s activities at the agency. The FCC hasn’t answered the March 4 request, the complaint said, even though a response was due March 24. DOGE’s efforts could create a conflict of interest because FCC regulatee Starlink and DOGE are controlled by SpaceX CEO Elon Musk, the complaint said. Starlink has requested Rural Digital Opportunity Fund dollars, and information accessed by DOGE could give Musk an unfair advantage, it said. “No apparent effort has been made to segregate Musk from the FCC’s decision-making process.” Frequency Forward is a newly created group based out of the office of Smithwick & Belendiuk, which is representing the group in both the FOIA matter and a recent petition against Sinclair (see 2504150056).
Former FCC Chairmen Tom Wheeler and Al Sikes blasted the Trump administration in a Newsweek op-ed for upending 90 years of precedent in only two months and turning the agency into “a blatantly partisan tool.” Wheeler, a Democrat, and Sikes, a Republican, faulted FCC Chairman Brendan Carr for attacking free speech and President Donald Trump for eliminating the FCC’s independence. Carr has said protection of the public interest is the rationale behind his attacks on broadcast networks and others but hasn’t defined the term, they said. “Using vague government policy as a tool of political coercion is a tactic historically associated with authoritarian regimes.” Carr has also said he would hold a proceeding to clarify the meaning of public interest, but “to his discredit, he has yet to follow through,” the chairmen said. “Instead, he has commenced investigations into supposed violations of a standard whose details only he knows.” It's “now up to Chairman Carr to prevent such abuse by clearly defining his construction of the public interest standard and its relationship to the First Amendment," the chairmen wrote. The FCC didn't comment.