Attorneys, academics and First Amendment experts told us that Republican presidential candidate Donald Trump’s calls for ABC to lose its license over Tuesday's presidential debate telecast (see 2409110058) are nonsensical and that government action against a broadcaster would likely ultimately fail. In addition, some said presidential calls for action against broadcasters over their reporting aren’t unprecedented. “All political players tend to do this when it suits them,” said veteran First Amendment attorney Robert Corn-Revere, now chief counsel for the Foundation for Individual Rights and Expression. “None of them have the constitutional authority to back it up.”
Former President Donald Trump said Wednesday the FCC should revoke Disney-owned ABC’s licenses after what many observers considered his poor presidential debate performance Tuesday night against Vice President Kamala Harris, the Democrats’ nominee. Trump has repeatedly said broadcast networks and other entities should lose their ‘licenses’ over their coverage of him, including January comments that NBC and CNN are “crooked” and should “have their licenses or whatever they have taken away” (see 2401170050). Harris and Trump, the Republicans’ presidential nominee, briefly traded barbs during the evening about the U.S. tech leadership position with China.
House Administration Committee ranking member Joe Morelle of New York, Communications Subcommittee ranking member Doris Matsui of California and other Democrats voiced continued support Wednesday for FCC Chairwoman Jessica Rosenworcel’s embattled AI political ad disclosures NPRM (see 2407250046). However, they suggested the agency should take further steps if Congress can agree on relevant legislation. Congressional Republicans have repeatedly criticized FCC action on the matter so near the November elections, including during a July House Communications agency oversight hearing (see 2407090049).
The House plans to vote as soon as Monday night, under suspension of the rules, on the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) and four telecom security-focused measures. Other bills on the House’s suspension docket: the Foreign Adversary Communications Transparency Act (HR-820), Countering Chinese Communist Party Drones Act (HR-2864), Securing Global Telecommunications Act (HR-4741) and Removing Our Unsecure Technologies to Ensure Reliability and Security Act (HR-7589). The House Commerce Committee unanimously advanced HR-820, HR-1513, HR-2864 and HR-7589 in March (see 2403200076). HR-820 would require that the FCC publish a list of communications companies with agency licenses or other authorizations where China and other foreign adversaries’ governments hold at least a 10% ownership stake (see 2210250067). HR-1513 would direct the FCC to establish a 6G task force that provides recommendations about ensuring U.S. leadership in developing that technology’s standards. HR-2864 would add Chinese drone manufacturer Da-Jiang Innovations (DJI) to the FCC’s covered entities list. HR-4741 would require that the State Department develop a strategy promoting the use of secure telecom infrastructure worldwide. HR-7589 would direct the Commerce Department to “specify what transactions involving routers, modems, or devices that combine a modem and a router are prohibited” under a 2019 executive order by then-President Donald Trump that barred transactions involving information and communications technologies that pose an “undue risk of sabotage to or subversion of” U.S.-based communications services (see 1905150066).
Spectrum policy will continue receiving significant attention headed into and following the November election, New Street’s Blair Levin said in a Friday note to investors. “Almost no new spectrum has been repurposed for commercial uses in the last four years,” Levin noted: “If the status quo lingers, that is positive for fixed wireline broadband, particularly cable. If new spectrum becomes available that can be utilized for fixed wireless, that is positive for the wireless companies.” Levin said there is a growing divide on Capitol Hill, with Republicans favoring a policy that will lead to more licensed spectrum and Democrats seeking more sharing. “The Republican aspirations will run into the roadblock related to the Department of Defense not wanting to lose control of spectrum it currently uses.” Democratic aspirations “will run into the roadblock of the technical challenges of figuring out how to avoid interference in a way that all stakeholders can live with.” If former President Donald Trump retakes the White House, the national spectrum strategy will likely survive, he said. Republican criticism “was that the strategy was ‘too little, too late,’ but did not focus on the direction or specifics.” The process, he warned, “could be significantly delayed if [a] Trump Administration replaces all the spectrum experts at NTIA with Trump loyalists.”
Hundreds of commenters opposed a proposal from NextNav that would reconfigure the 902-928 MHz band and "enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). Amateur radio operators weighed in early and often (see 2408120024). Joining them were many other groups whose members use the band. Comments were due Thursday in docket 24-240. NextNav on Friday defended its petition seeking a rulemaking.
The Association of Public-Safety Communications Officials and National Emergency Number Association want Democratic presidential nominee Vice President Kamala Harris, GOP nominee ex-President Donald Trump and their running mates to make support for funding next-generation 911 tech upgrades “a central tenet” of their campaign platforms. Talks between lawmakers aimed at reaching a deal on a spectrum legislative package that would fund NG-911 and other telecom projects remain stalled (see 2408150039). “Enactment of NG9-1-1 funding legislation will provide the more than 100,000 9-1-1 professionals across the country with improved situational awareness, resulting in a faster and more efficient response for the members of the public they protect,” NENA CEO Brian Fontes and APCO CEO Mel Maier said in letters to Harris, Trump, GOP vice presidential nominee Sen. JD Vance of Ohio and Harris' running mate, Minnesota Gov. Tim Walz (D). “NG9-1-1 will begin saving lives the moment it is implemented. Achieving NG9-1-1 is also a national security imperative, as it will lead to enhanced response to natural and man-made disasters, protection against cyberattacks including state-sponsored attacks, and support for homeland defense efforts in the event of a national emergency.”
Panelists clashed during a Federalist Society webinar Thursday over the future of the lower 3 GHz band, a top target of carriers for 5G and 6G. They also disagreed on some details of how federal bands should be studied for sharing or licensed use.
The ultimate makeup of the 6th U.S. Circuit Court of Appeals panel that hears the review of the FCC’s net neutrality order may not make much difference, some legal experts told us, in the wake of recent U.S. Supreme Court decisions. They doubted that the panel (docket 24-7000) will delve deeply into case law, instead simply deciding that going forward it's Congress, not the FCC, that must address any case that raises "major questions." Oral argument is scheduled for Oct. 31.
Maurine and Matthew Molak filed a petition Thursday seeking review of a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024), in the 5th U.S. Circuit Court of Appeals. The Molaks previously sought reconsideration of the July order, which three public interest groups and T-Mobile opposed last week (see 2408280029).