Top Republicans on the House and Senate Commerce committees pressed the FCC Monday for information on the agency’s response to the Office of Inspector General’s November report that some emergency broadband benefit providers were falsely claiming a child in a household attended a qualifying low-income school (see 2111220058). Commissioner Brendan Carr said he was “kept in the dark” about the OIG’s findings until the report’s public release (see 2111230067). OIG’s recent findings and past federal watchdog reports about “fraud and abuse” in other FCC programs “raise serious questions about” the commission’s “ability to oversee and manage its programs,” Senate Commerce ranking member Roger Wicker of Mississippi, House Commerce ranking member Cathy McMorris Rodgers of Washington and the GOP ranking members of the Communications subcommittees wrote FCC Chairwoman Jessica Rosenworcel. They noted a 2020 GAO report that said the FCC’s oversight of its E-rate program was “insufficient … to identify potential fraud risks” (see 2009160081). “The upcoming transition of the EBB” to the $14.2 billion affordable connectivity program enacted via the Infrastructure Investment and Jobs Act “provides further reason for concern,” the GOP lawmakers said. “Unlike other FCC subsidy programs, the ACP will be funded through appropriations, rather than Universal Service Fund contributions. We are concerned that the FCC may proceed with rules for a permanent ACP that do not adequately protect American taxpayers or best serve eligible households.” The lawmakers want Rosenworcel to explain by Jan. 7 when her office became “aware of fraud” in EBB, if the FCC has identified the providers that committed fraud and what actions the agency will take to “confirm the eligibility of current EBB recipients.” They also want to know whether Rosenworcel will seek comment on draft rules for ACP “from other commissioners and the public” and if the FCC will take steps to ensure “future enrollees” are eligible for the revised program. The FCC didn’t comment.
FCC nominee Gigi Sohn said her connection to Locast won’t affect her views on broadcast issues, in her written responses to the Senate Commerce Committee. She promised to operate in an independent and fair manner on all issues if confirmed.
The Senate’s Tuesday reconfirmation of FCC Chairwoman Jessica Rosenworcel to another term (see 2112070029) provides more certainty for upcoming policy moves, but it isn’t likely to mean any major changes in how the agency functions because it will remain in a 2-2 tie for now, lawmakers and experts told us. Democrats are relieved Senate action forestalled the possibility the FCC would shift to a 2-1 GOP majority in January but believe the ongoing stalemate underscores the need to confirm Democratic commission nominee Gigi Sohn, whose path forward remains uncertain (see 2112010043). Republicans see the ongoing stalemate as an opportunity for Rosenworcel to continue seeking bipartisan consensus.
E-rate consultants and advocates are skeptical about a draft FCC NPRM that would establish a central online portal for E-rate's competitive bidding process and seek comment on requiring applicants to submit additional documentation (see 2111230068). Stakeholders told us the draft poses several administrative challenges that may need to be addressed in additional rulemakings. Others questioned whether the move is necessary.
FCC Chairwoman Jessica Rosenworcel's reconfirmation prospects grew stronger Wednesday after the Senate Commerce Committee advanced her nomination to the floor on a bipartisan vote, as expected (see 2111300064). A subsequent confirmation hearing for Democratic commission nominee Gigi Sohn, meanwhile, cemented perceptions that her chances of Senate approval are imperiled. Panel Republicans revealed the extent of their concerns about her candidacy during the hearing, over her views on net neutrality and other matters, also as expected (see 2111300068). At least three Republicans are considering holds on Sohn, including two over the tenor of her past tweets critical of major telecom and media companies. NTIA administrator nominee Alan Davidson also drew lawmakers' attention but little criticism.
Office of Rep. Marc Veasey, D-Texas, adds Nate Beltran, ex-Dewey Square, as tech policy adviser ... President Joe Biden plans to nominate Dimitri Kusnezov for undersecretary-science and technology, Department of Homeland Security; he's a theoretical physicist at the Department of Energy, working on emerging tech ... FCC Chairwoman Jessica Rosenworcel announces that Amy Nathan, most recently senior counsel-Office of Economics and Analytics, is retiring.
FCC commissioners approved a Further NPRM 4-0 Thursday on an enhanced competition incentive program. The ECIP item includes, as expected (see 2111170054), language requiring staff prepare a five-year report on the program's effectiveness, sought by Commissioner Geoffrey Starks. Only Starks and Chairwoman Jessica Rosenworcel offered substantial comments on the item during the meeting.
Backers of two bills aimed at mandating improvements to spectrum policy coordination between the FCC and other federal agencies are hopeful President Joe Biden’s recent FCC and NTIA nominations (see 2110260076) will mean a clearer path to those measures’ enactment. The House Communications Subcommittee unanimously advanced one of the measures, the Spectrum Coordination Act (HR-2501), during a Wednesday markup. The subpanel also unanimously cleared the Data Mapping to Save Moms’ Lives Act (HR-1218).
The Biden administration is committed to releasing a national spectrum strategy, a goal the Trump administration never met. NTIA didn’t have a permanent administrator for much of the Trump administration, as been true so far during the Biden administration. President Joe Biden is trying to change that by nominating Mozilla Foundation Senior Adviser Alan Davidson to head the agency. Biden's also filling out the FCC by renominating Chairwoman Jessica Rosenworcel and picking Georgetown Law Institute for Technology Law & Policy’s Gigi Sohn for the vacant Democratic commission seat (see 2110260076).
No changes have been proposed internally to a draft FCC order clarifying ATSC 3.0 multicast rules, though the item hasn't been OK'd by all commissioners, said agency and industry officials in recent interviews. Broadcasters say approving the item -- which stems from an NAB petition for clarification -- will speed the transition to 3.0. “Anything we can do to expedite 3.0 deployment will be for the benefit of viewers and platform users,” said One Media Executive Vice President-Strategic and Legal Affairs Jerald Fritz.