Collecting regulatory fees from tech companies and users of unlicensed spectrum would be a huge task, outside FCC authority, and hamper broadband adoption, said trade associations and others in comments posted to docket 21-190 by Thursday’s deadline. Comments about establishing a small satellite regulatory fee also had multiple calls in the commercial space sector for creating new fee categories for other types of space operations.
A petition challenging the FCC USF Q4 contribution factor is likely to fail on procedural grounds but may be part of a bigger challenge to dismantle USF entirely, legal experts said in recent interviews (see 2110010062). Some said it may be an effort to force a reevaluation of the nondelegation doctrine that prohibits Congress from delegating legislative powers to executive branch agencies.
The USF Q4 contribution factor is “illegal and should be rejected,” said Consumers' Research as it asked the 6th U.S. Circuit Court of Appeals to vacate the FCC approval (see 2109100069), said a petition in its challenge (both in Pacer, No. 21-3886). The approval “exceeds the FCC’s statutory authority,” the group said. Congress' "standardless delegation" to the FCC to raise and spend money for USF violated the Constitution because "the revenues raised ... are taxes," it said. The group said the Universal Service Administrative Co., which administers USF programs, is a private company and the appointment of its board directors by the FCC chair violates the Constitution's appointments clause if it's determined that USAC isn't a private entity. The group also said the FCC failed to comply with the Administrative Procedure Act's rulemaking and Federal Register Act's publication requirements. The agency didn’t comment.
FCC commissioners approved an NPRM on making networks more resilient during disasters 4-0 Thursday, as expected (see 2109280051). Commissioners said more mandates could come as a result of the investigation. Acting Chairwoman Jessica Rosenworcel said the FCC plans a virtual field hearing as part of the Oct. 26 meeting on Hurricane Ida. Rosenworcel and Commissioner Brendan Carr traveled to Louisiana this week to tour areas hit by the latest storm. Commissioners also unanimously adopted an order on foreign ownership and an NPRM about closing two methods for scammers taking control of victims' mobile phones, SIM swapping and port-out fraud. Such actions were as expected (see 2109280009).
Verizon’s proposed TracFone buy is likely to be one of the first such transactions before the FCC that's now under Democratic control. The deal has raised some competitive concerns. Friday, 16 state attorneys general led by Virginia’s Mark Herring (D) asked the FCC to further investigate implications for Lifeline before approving the deal.
Several members of the Senate Commerce and Judiciary committees face tough reelection fights, elections experts told us. Most of the vulnerable lawmakers are Republicans, including Judiciary Committee Chairman Lindsey Graham of South Carolina, Judiciary Intellectual Property Subcommittee Chairman Thom Tillis of North Carolina and Commerce Security Subcommittee Chairman Dan Sullivan of Alaska. Sen. Gary Peters of Michigan is the only Democrat on either committee who faces similarly long odds. The House Commerce and Judiciary panels face far less potential turnover among incumbents seeking to return in the next Congress.
Several members of the Senate Commerce and Judiciary committees face tough reelection fights, elections experts told us. Most of the vulnerable lawmakers are Republicans, including Judiciary Committee Chairman Lindsey Graham of South Carolina, Judiciary Intellectual Property Subcommittee Chairman Thom Tillis of North Carolina and Commerce Security Subcommittee Chairman Dan Sullivan of Alaska. Sen. Gary Peters of Michigan is the only Democrat on either committee who faces similarly long odds. The House Commerce and Judiciary panels face far less potential turnover among incumbents seeking to return in the next Congress.
A possible switch from an elected to governor-appointed New Mexico Public Regulation Commission is dividing current and possibly future members. New Mexicans will vote Nov. 3 on that issue and on who will fill two commissioner seats at least until 2023, when the change would take effect. Nine other states also have utility regulator elections this year, with several candidates talking broadband.
More state commissions are eyeing contribution and other USF changes. The Oklahoma Corporation Commission may vote later this year on a USF administrator recommendation to switch to a connections-based mechanism. The Texas Public Utility Commission asked legislators to consider USF contribution changes next year. Oregon, New Mexico and Nebraska commissions are also reviewing state USF.
NAACP President Derrick Johnson challenged state utility commissioners to increase diversity and be more inclusive, in a Monday keynote at NARUC’s virtual summer meeting. NARUC President Brandon Presley pledged “intentional actions” to end systemic racism, backing up the association’s June 4 statement amid a national reckoning. Another major crisis, the COVID-19 pandemic, drove broadband discussions Monday.