Joe Biden's presidential transition team for the FCC is starting to take shape, but it's early on given most national news organizations declared his win Saturday. President Donald Trump hasn’t conceded. A few names are emerging for the landing team, and a final list isn't likely until after Thanksgiving, stakeholders said in interviews. Team leaders from former President Barack Obama's interregnum 12 years ago said cooperation from the outgoing administration is critical.
Trademark modernization takes legislative priority over efforts to update the Digital Millennium Copyright Act, Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., told us Wednesday before a hearing on the DMCA. The Trademark Modernization Act recently passed the House Judiciary Committee unanimously. Getting that bill enacted into law this Congress is one of Tillis' “top priorities,” his office said. “We’ll be working with them to make sure that whatever we lay down has got consensus,” the lead Senate sponsor said.
Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., wants any Digital Millennium Copyright Act revamp to codify existing DMCA fair use exceptions and add potential new such categories. Tillis has been working on potential update language with an eye to releasing a draft in December (see 2006090063). Ranking member Chris Coons, D-Del., is doubtful about the legislative path forward this Congress given limited legislative days (see 2006230068).
The final version of the FCC’s secure network ruling, approved 5-0 Thursday (see 2007160051), is largely the same as the draft but addresses in more detail Huawei objections. In another change reflected in the final order, after the draft was circulated, the FCC barred Huawei and ZTE from participating in the USF (see 2006300078). “Huawei contends that the 2019 Supply Chain Order ‘cannot fulfill any obligation imposed by the Secure Networks Act’ because the FCC lacked authority to adopt it and the Order was otherwise arbitrary and capricious and violated the Administrative Procedure Act and Constitutional due process protections,” said a new footnote: “As the Commission has explained, the FCC was created in part to protect the national defense, and the 2019 Supply Chain Order is consistent with that objective and a reasonable exercise of the Commission’s authority under section 254 of the Communications Act to ensure ‘quality service’ and protect the ‘public interest’ by safeguarding the integrity of the telecommunications supply chain and communications networks.” The order now noted that “nothing in the Secure Networks Act restricts the Commission from using its other available statutory authority to prohibit the use of USF funds for a wider range of equipment or services than is required by section 3(a)” of the act.
Privacy advocates differed in interviews Monday if the FCC’s $208 million in proposed fines against the four national carriers for failing to safeguard data (see 2002280065) was adequate, given the consumer impact and how its calculated. Friday, Commissioner Geoffrey Starks questioned whether the agency failed to properly calculate consumer harm in reaching the fine amount. Commissioner Mike O’Rielly suggested the agency should have considered more information from the companies.
NSA’s call detail records (CDR) program cost more than $100 million between 2015 and early 2019, and led to only one foreign intelligence investigation, the Privacy and Civil Liberties Oversight Board reported Thursday. Later that day, the House Judiciary Committee postponed a markup on legislation that would end the USA Freedom Act Section 215 CDR program (see 2002250065).
FCC Commissioner Jessica Rosenworcel warned the Senate Commerce Committee Wednesday the U.S. isn’t leading the world on 5G and can’t without more mid-band spectrum. Rosenworcel asked the committee to develop C-band legislation. Commissioner Mike O’Rielly said the FCC isn’t necessarily behind, though a winner won’t be known for some time.
FCC staff is talking with officials in California, Oregon and Texas on agreements to check eligibility of those states' low-income subsidized telecom service subscribers, Chairman Ajit Pai told us after Thursday's commissioners' meeting. "I expect those agreements will be reached and [the] verifier stood up in those states by the end of the year. We are making progress." FCC employees are working with other agencies so the national verifier can "ping," or check with, other databases to confirm subscriber eligibility, he said.
The FCC apparently missed a deadline to notify NTIA 18 months before the start of the 3.5 GHz auction that an auction would be scheduled. Commissioners approved a public notice on bidding procedures for the citizens broadband radio service auction, to start June 25, at their meeting Thursday. But the FCC denied the band is even subject to Commercial Spectrum Enhancement Act (CSEA) requirements. Earlier this year, the Commerce Department and FCC engaged in a battle over 24 GHz band. (see 1908090070).
Chairman Ajit Pai told fellow commissioners Friday a Further NPRM on robocalls is being changed to add a proposal that the FCC mandate secure handling of asserted information using tokens (Shaken) and secure telephone identity revisited (Stir) technology if major voice providers don’t comply with demands that it be implemented by year-end, officials said. The change came after the start of the sunshine period on the item, closing off outreach.