Senate Commerce Committee members’ treatment of Democratic FCC nominee Gigi Sohn during her Wednesday confirmation hearing is likely to sharply divide along party lines, in sharp contrast to a potential overwhelming bipartisan panel vote to advance commission Chairwoman Jessica Rosenworcel’s reconfirmation to the full chamber (see 2111300064), lawmakers and lobbyists said in interviews. NTIA administrator nominee Alan Davidson may also get some senators’ attention during the hearing but is likely to avoid harsh questioning due to expectation that Sohn will be the main focus. The hearing will immediately follow the 10:15 a.m. Senate Commerce executive meeting in 253 Russell.

The 6th U.S. Circuit Court of Appeals granted a motion to intervene in Consumers Research's challenge of the FCC's USF Q4 contribution factor, in an order posted Thursday in case 21-3886 (see 2111010070). Filing the petition were the Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice, Schools, Health & Libraries Broadband Coalition, USTelcom, NTCA and the Competitive Carriers Association. The groups are allowed to file intervener briefs and "any determination regarding oral argument, including time allotted, if any, to the intervenors are reserved to the ultimate merits panel," the order said.

Expand the USF contribution base to include "broadband internet access revenues," Schools, Health & Libraries Broadband Coalition board Chair and former FCC Commissioner Rachelle Chong asked FCC Commissioner Nathan Simington and staff, said a filing posted Friday in docket 13-184. SHLB backed the use of E-rate funding for cybersecurity expenses and said it's "assembling a new group to promote anchor institution broadband connectivity." The group noted it filed a motion to intervene to back the FCC in Consumers' Research's USF challenge (see 2111010070).

The Benton Institute for Broadband & Society, National Digital Inclusion Alliance and MediaJustice asked the 6th U.S. Circuit Court of Appeals Monday to grant their motion to intervene in support of the FCC in Consumers' Research's challenge of the USF Q4 contribution factor (see 2110050056). The groups said in docket 21-3886 their interests "will be adversely affected if the petitioners prevail." The Schools, Health & Libraries Broadband Coalition also asked to intervene in support of the FCC. If successful, the petition "would do great harm to the interests and goals of SHLB and its members," the group said.

A Thursday Senate Communications Subcommittee hearing showed there's bipartisan support for a “strong telehealth initiative” that the Commerce and Health committees could together advance to the Senate floor this year, said subpanel Chairman Ben Ray Lujan, D-N.M., in an interview. Lawmakers noted interest in advancing the Temporary Reciprocity to Ensure Access to Treatment Act (HR-708/S-168) and Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act (HR-2903/S-1512), among other telehealth measures. Lujan and others also used the hearing to promote the need for further broadband money and air grievances about President Joe Biden’s delay in announcing nominees to the FCC and NTIA.

A Thursday Senate Communications Subcommittee hearing showed there is bipartisan support for a “strong telehealth initiative” that the Commerce and Health committees could together advance to the Senate floor this year, said subpanel Chairman Ben Ray Lujan, D-N.M., in an interview. Lawmakers noted interest in advancing the Temporary Reciprocity to Ensure Access to Treatment Act (HR-708/S-168) and Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act (HR-2903/S-1512), among other telehealth measures. Lujan and others also used the hearing as a venue to promote the need for further broadband money and air grievances about President Joe Biden’s delay in announcing nominees to the FCC and NTIA.

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).

The FCC has the authority to include broadband services revenue in the USF contribution base but would need to establish a comment period before making any changes, industry groups said in recent interviews. A new report suggests adding broadband providers could drop the contribution factor to as low as 4% and avoid facing direct congressional appropriations (see 2109130053).