What the FCC does on net neutrality starting Jan. 20 likely depends on whether it’s immediately clear when the agency will have a permanent chair, experts said. If Commissioner Jessica Rosenworcel is named acting chief, she would likely wait to start an item if it appears a new chair is imminent. Action on two court cases could come more quickly, experts said. The new FCC’s top focus is expected to be building on the 2015 order, largely revoked by Republicans, to reclassify broadband under Communications Act Title II (see 2101060055).
Democrats’ apparent victories in runoffs for Georgia’s Senate seats likely smooth the way for the party to gain a majority on the FCC later this year and take Democrats' preferred course of action on net neutrality and other top-tier matters, officials and lobbyists said in interviews. The leads in both the two contests, if they hold, would leave the Senate split 50-50. Democrats would gain a majority after Jan. 20 with Vice President-elect Kamala Harris breaking ties. The FCC will be tied 2-2 once Chairman Ajit Pai leaves, raising questions about what the commission can get done before the Senate confirms President-elect Joe Biden’s eventual nominee to a third Democratic seat (see 2012090063).
FCC Chairman Ajit Pai continues to hold off advancing the agency's Communications Decency Act Section 230 proceeding (see 2012230065). He has yet to circulate any item on 230, agency officials told us. Observers say this indicates the agency won't act on the section before Pai leaves Jan. 20, when Joe Biden is sworn in as president.
It could be a breakout year for augmented reality hardware, said an ABI Research 2021 trends report, as Nreal and Mad Gaze expand their AR efforts, and Facebook is expected to debut its AR smart glasses from the Reality Labs initiative. Google could take another stab at smart glasses after buying North and facing pressure from Facebook and others, said analyst Eric Abbruzzese. Apple, a “wild card,” is expected to have a dedicated AR product launch in 2022.
USF is reaching a tipping point, industry experts said in recent interviews. Revenue continues to decline, and the contribution factor is expected to reach a record 31.8% (see 2012150018). As President-elect Joe Biden prepares to take office, there's some hope among broadband advocates that he will nominate someone to the FCC who brings the political will to tackle USF revisions.
FCC Commissioner Jessica Rosenworcel is considered the front-runner to be the next chair of the FCC, but others are also lining up support. Among other top candidates are Wiley’s Anna Gomez, Gigi Sohn of the Georgetown Law Institute for Technology Law & Policy, and DLA Piper’s Smitty Smith, experts said. All potential contenders' fortunes remain in flux pending the outcome of Tuesday's runoff elections for both Georgia Senate seats, lobbyists told us.
The FTC’s recent inquiry into social media company data collection practices could likely result in enforcement action, much like the agency’s 6(b) study that led to its antitrust case against Facebook, an ex-official and attorneys said in interviews. Some said to expect the social media companies to negotiate with the agency over the scope of the latest 6(b) study, which seeks details on how data practices affect younger users and others (see 2012150005).
Expect legal and constitutional challenges against the Case Act (see 1910250047), experts told us. Congress passed the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273) last week, which would create a voluntary small claims board within the Copyright Office, as part of the COVID-19 relief package.
The FCC is monitoring telecom and 911 outages caused by the Christmas Day bombing in Nashville, a spokesperson said Monday. The bomb was in an RV parked next to a major AT&T central office, which was badly damaged in the blast and a subsequent fire. Industry officials said FCC staff will likely look more closely at the broader implications and how to better protect operations centers from similar attacks. AT&T said Monday most services have been restored. The effects were widespread, with Nashville International Airport halting flights after its internet connections went down and more than a hundred 911 call centers in Tennessee, Kentucky and Alabama losing data from some callers.
The FCC will be under the gun as soon as the omnibus COVID-19 legislation (HR-133) takes effect, if it's signed by President Donald Trump. Trump suggested he may veto the bill and seek changes, though industry experts said it’s not clear whether he will follow through on that threat. Among the deadlines in the legislation is an unusually quick turnaround for telehealth grants. FCC officials said work on implementing the bill will have to start under Chairman Ajit Pai and continue after Jan. 20, when Joe Biden becomes president.