Sen. Richard Blumenthal, D-Conn., threatened Tuesday to place a hold on FCC nominee Nathan Simington amid dissatisfaction with his refusal to commit during a Commerce Committee hearing to recuse himself from participating in the rulemaking on its interpretation of Communications Decency Act Section 230 and his answers on other matters. Senate Commerce Chairman Roger Wicker of Mississippi and other Republicans were supportive of Simington. The nominee's confirmation prospects were expected before the presidential election to be jeopardized if Democrat Joe Biden won (see 2011020001).
Section 230
The FCC effort to interpret Communications Decency Act Section 230 isn’t comparable to the heavy-handed regulations repealed during the net neutrality debate in the late 2000s, Commissioner Brendan Carr said Tuesday during a Federalist Society event. Public Knowledge Senior Vice President Harold Feld questioned how Carr could be against Communications Act Title II regulation of internet service providers but also support Section 230 regulatory changes envisioned by the Trump administration (see 2011060053).
USF contribution reform could still be a long way off, said FCC Commissioner Mike O’Rielly and former Chair Mignon Clyburn at NARUC’s virtual annual conference Tuesday. O’Rielly, co-chair of the Federal-State Joint Board on Universal Service, slammed that body as dysfunctional. Earlier in the day, state officials cited the COVID-19 pandemic as they urged national broadband action.
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.
The FCC’s Communications Decency Act Section 230 rulemaking proceeding (see 2010210062) opens the door for a potential Biden administration to pursue its own interpretation of the technology industry’s liability shield, tech observers and legal experts told us. Rather than drop the proceeding, initiated by President Donald Trump’s social media executive order, a Democratic FCC could take an activist approach with it, they said.
Election Day hasn't yet claimed any key members of Congress' panels overseeing tech and telecom. Republicans appeared to be defying prognosticators’ expectations. Vote counts showed them retaining several vulnerable Senate seats and regaining some House seats Democrats took in 2018. Control of the White House and Congress remained unresolved Wednesday morning with millions of votes in Tuesday’s election still being counted.
FCC nominee Nathan Simington’s Senate confirmation hinges on Tuesday's elections, lawmakers and other officials told us. Many of the hurdles for his confirmation would likely clear if President Donald Trump is reelected, but his prospects will likely be greatly diminished if Democratic nominee Joe Biden wins, lobbyists said.
Supporters and opponents of the FCC's rescinded 2015 net neutrality rules will closely watch the results of the Nov. 3 election to see what course a push for a return to that regulatory regime will take in 2021. A win by Democratic presidential nominee Joe Biden and a switch to Democratic control of both chambers in Congress is believed to provide the best chance for returning to those rules and reclassifying broadband as a Communications Act Title II service, lawmakers and communications lobbyists told us. A President Donald Trump reelection would endanger efforts to bring back the old rules, they said.
It’s encouraging that Facebook CEO Mark Zuckerberg endorsed the concept of “more specific rules” in Communications Decency Act Section 230, Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us after Wednesday’s hearing. “We may be getting somewhere,” he said, though he noted it wasn’t an endorsement of the Republican bill pushing the concept (see 2009220064).
President Donald Trump’s recent actions against TikTok “certainly” gave the company “profile and visibility,” but it would have been better had that not happened, ex-CEO Kevin Mayer told the Technology Policy Institute in an interview shared Friday (see 2009280028). Profile and visibility are “usually not bad things,” he said. It's a “good enough product with a good enough team behind it and good enough technology behind it, that it would have succeeded just fine, and it was succeeding just fine without any of that.”