The Senate’s Monday executive calendar said two cloture motions for Republican FCC nominee Olivia Trusty would “ripen” at 5:30 p.m., meaning they would be eligible for votes this week, as expected (see 2506130065). Majority Leader John Thune, R-S.D., filed last week for cloture on both of Trusty’s nominations -- one to finish out the term of former Democratic FCC Chairwoman Jessica Rosenworcel, which ends June 30, and a subsequent full five-year term. Trusty is very likely to clear the Senate’s majority-vote cloture threshold for executive branch nominees on what lobbyists expect to be unanimous GOP support. Thune previously indicated he was likely to move up Trusty in confirmation priority after Republican FCC commissioner Nathan Simington abruptly departed the commission earlier this month (see 2506040073). Simington’s exit and the simultaneous departure of Democratic Commissioner Geoffrey Starks left the commission in a 1-1 tie and lacking a quorum.
The offices of Senate Commerce Committee Chairman Ted Cruz, R-Texas, and ranking member Maria Cantwell, D-Wash., continued sparring Monday over panel Republicans’ proposed spectrum language for the chamber’s budget reconciliation package. The proposal, which Cruz released earlier this month, would renew the FCC’s lapsed auction authority through Sept. 30, 2034, and mandate an 800 MHz pipeline of spectrum for licensed sale (see 2506060029). The measure proposes excluding the 3.1-3.45 GHz and 7.4-8.4 GHz bands from potential reallocation. Cantwell repeatedly criticized Republicans’ proposal last week as inadequately protecting DOD-controlled airwaves (see 2506120084).
The video distribution marketplace is in the midst of rapid and massive upheaval, but video rules experts were divided in a panel talk Monday about what needs to be done in response. At the Congressional Internet Caucus Academy event, former FCC Commissioner Mike O'Rielly called for eliminating the vast majority of the rules governing video distribution. Localities lawyer Cheryl Leanza of Best Best warned of the tendency of a "knee-jerk reaction" to deregulate without looking at why existing rules were adopted. Some archaic rules need to be done away with, she said, but rules that promote democracy and civic discourse must be maintained.
Public interest groups defended most parts of the FCC’s July order implementing the Martha Wright-Reed Act of 2022 (see 2501280053) in a brief filed Monday at the 1st U.S. Circuit Court of Appeals (24-8028). Incarcerated people’s communications services (IPCS) providers and the National Sheriffs’ Association argued to the court why the order should be overturned. Last week, the government also defended the order (see 2506120078).
Analysts said the FCC is unlikely to act soon on its twin EchoStar proceedings given that the White House seems to want to avoid an EchoStar bankruptcy. The agency is probing whether the company is using the 2 GHz band for mobile satellite service and looking into the deadline extensions EchoStar received for its 5G network buildout (see 2505130003).
The Senate confirmed Republican Olivia Trusty to the FCC Tuesday on a largely party-line, 53-45 vote, as expected. The vote covered only her nomination to finish the term of former Democratic Chairwoman Jessica Rosenworcel, which expires June 30. The chamber is likely to confirm Trusty on Wednesday to a full five-year term, which will begin July 1. Once sworn in, Trusty will shift the FCC to a 2-1 Republican majority. The simultaneous resignations earlier this month of Republican Commissioner Nathan Simington and Democratic Commissioner Geoffrey Starks left the agency without a quorum and in a 1-1 tie.
The Trump Organization announced Monday that later this year, it will launch Trump Mobile, a mobile virtual network operator, and a gold-colored smartphone, which it said will eventually be made in the U.S. The launch would create ethics concerns regardless, but even more so given the Trump administration's pressure for the FCC to answer directly to the White House, public interest groups said.
FCC changes: Enforcement Bureau Assistant Bureau Chief Pamela Gallant is promoted to acting deputy bureau chief; Attorney Adviser at the Office of Engineering and Technology Tom Struble becomes acting chief of staff at the Office of Economics and Analytics.
The New York office of the FCC Enforcement Bureau sent warnings to several New York and New Jersey property owners about pirate radio broadcasts emanating from their properties, said an agency notice in Thursday’s Daily Digest. DRSD Management was warned about a property in Wesley Hills, New York, and the company 141 Coit Street was warned about a property in Irvington, New Jersey. Marie Louis and Yvons Louis received a warning about their property in Spring Hills, New York. All three warnings said the landowners could face up to a $2.4 million penalty for hosting unauthorized broadcasts.
NAB CEO Curtis LeGeyt defended FCC Chairman Brendan Carr Friday after former Commissioner Nathan Simington criticized Carr for not streamlining agency policies around ATSC 3.0 (see 2506120088). “NAB has seen first-hand FCC Chairman Brendan Carr’s leadership and ongoing commitment to the successful deployment of ATSC 3.0,” LeGeyt said in an emailed statement. “Chairman Carr has also made clear that he understands what’s at stake: ensuring every viewer has access to free, local broadcast television that meets the evolving needs of the modern media landscape.”