2022 Brings Short Window of Hill Activity, 2-2 FCC Split
The Supreme Court likely will decide in late January or early February if it will hear the challenge by various localities of the 6th U.S. Circuit Court of Appeals' decision on the FCC's cable franchise fees order (see 2111010048), said…
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Tim Lay of Spiegel & McDiarmid Monday in a NATOA webinar. He said the deadline for NCTA to seek SCOTUS review of the 1st Circuit's decision on Maine's public, educational and government access channel carriage provisions (see 2108040022) has passed, so the cable industry seemingly is hoping other states don't follow Maine legislatively. NCTA didn't comment. Congressional action on legislation will sharply drop off as it gets closer to midterm elections, making the next few months "pretty critical," said Angelina Panettieri, National League of Cities legislative director-information technology and communications. The Build Back Better Act (HR-5376) passed the House, but take it "with a whole shaker full of salt" that all its provisions -- such as an emergency connectivity fund extension -- will ultimately pass, since negotiations are ongoing, she said. The National Defense Reuthorization Act (HR-4350), which also passed the House, will likely bring with it a requirement local governments report cybersecurity incidents, she said. Key bills for coming months likely include the Broadband Incentives for Communities Act (HR-5058), the Wireless Resiliency and Flexible Investment Act (HR-1058) and the Protecting Community Television Act (S-3361), she said. Gerard Lederer of Best Best said the FCC will likely have a 2-2 split at least until mid-February. He said Democratic commissioner nominee Gigi Sohn not being up for vote by the Senate Commerce Committee on Wednesday seems to indicate a lack of sufficient Democratic support. He said that points to difficulty mustering the 60 votes needed to pass a motion to end debate. He said there's a large contingent in the Senate "that is just not giving the president any of his team."