Localities Predict Less 'Preemptive Damage' From 2-2 FCC
A deadlocked 2-2 FCC probably means “stalemate on local preemption issues,” said Spiegel McDiarmid local government lawyer Tim Lay on a NATOA webinar Monday: “The commission can’t do nearly as much preemptive damage to local government authority as the past…
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commission has for the past four years.” Lay noted the chair could still exert some influence through staff decisions and the agency’s positions on litigation. A split commission is probably better for local governments than the 3-2 GOP body, agreed Kitch attorney Mike Watza -- unless industry treats the stalemate as no cop on the beat. Even in a 2-2 commission, the Democratic chair can change advisory committees’ charters and memberships, said National League of Cities Legislative Director Angelina Panettieri. With Commissioner Jessica Rosenworcel likely to be chair at least on an interim basis, expect more emphasis on the homework gap, digital equity and consumer protection, Panettieri predicted: “One of the things that Biden folks have made clear is they really want to focus on equity.” That might mean closer looks at affordability and competition in urban and suburban areas, “and hopefully ... reversing preemption of municipal broadband.” Lay sees possible agreement on many spectrum issues and some broadband and mapping issues, but likely disagreement on any new requirements for providers.