State commissioners can influence broadband policy even with limited telecom authority, said NARUC broadband task force members at the association’s virtual annual meeting Thursday. Utility regulators’ telecom role “has diminished significantly” in most states, but they can still “play the role of honest broker,” said Idaho Public Utilities Commissioner Paul Kjellander, who next week becomes NARUC president. Collaboration with federal government is a must, said other commissioners.
Split control of Congress is now very likely to continue for another two years, based on votes counted through Wednesday afternoon. Observers we spoke with noted that continued uncertainty about the presidential race makes it hard to predict whether there’s a realistic possibility of a split Congress making progress on telecom policy. Not knowing whether President Donald Trump or Democratic nominee Joe Biden would win the White House is clouding expectations (see 2011040049).
If Democrat Joe Biden wins the presidency, he could potentially expand DOJ’s antitrust lawsuit against Google, former antitrust enforcers and experts said in interviews. If President Donald Trump is reelected, they expect DOJ to avoid settlement talks and prosecute the case vigorously.
It’s questionable whether a consumer could sue over unlawful surveillance if the federal government is always able to claim classified information protections, said 9th U.S. Circuit Court of Appeals Judge Margaret McKeown Monday during oral argument in Jewel v. NSA (see 2004170052).
The GAO said Friday it’s recommending the FCC “revise” its performance goals and measures for its high-cost USF program to ensure they're “measurable and quantifiable” to better align “with leading practices.” Doing so will allow the commission to “improve the performance information it uses in its decision-making processes about how to allocate the program’s finite resources,” the GAO said. It found in interviews with stakeholders that the high-cost program’s goals “generally reflect important and appropriate strategic objectives” but don’t meet the standards outlined in the Government Performance and Results Act that they be “objective, quantifiable, and measurable.”
A Trump administration executive order creating a new classification of “policy-making” employees could mean many in the federal workforce lose civil service protection, while those with political ties are given their jobs, experts told us. The order would make it easier to get rid of staffers without the usual process and protections but could also allow the administration to burrow political appointees into the civil service quickly, and on an unusually large scale, the experts said. The implications for the FCC, NTIA and FTC, and whether it will mean widespread disruptions after the election, remain to be seen.
Supporters and opponents of the FCC's rescinded 2015 net neutrality rules will closely watch the results of the Nov. 3 election to see what course a push for a return to that regulatory regime will take in 2021. A win by Democratic presidential nominee Joe Biden and a switch to Democratic control of both chambers in Congress is believed to provide the best chance for returning to those rules and reclassifying broadband as a Communications Act Title II service, lawmakers and communications lobbyists told us. A President Donald Trump reelection would endanger efforts to bring back the old rules, they said.
The Supreme Court didn’t offer a clear picture at oral argument for how it might rule in Oracle’s lawsuit against Google (see 2010070065), but remarks from justices were telling, observers told us. Potential outcomes include the high court remanding the case or a 4-4 split, which would be a victory for Oracle, they said. Stakeholders disagreed about what the justices’ comments meant for each side.
It’s encouraging that Facebook CEO Mark Zuckerberg endorsed the concept of “more specific rules” in Communications Decency Act Section 230, Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us after Wednesday’s hearing. “We may be getting somewhere,” he said, though he noted it wasn’t an endorsement of the Republican bill pushing the concept (see 2009220064).
It’s inequitable for regions with similar privacy values, like the U.S. and EU, to “point fingers” about upholding privacy rights, FTC Commissioner Noah Phillips said Tuesday on effects of the Schrems II decision (see 2009250071). Policymakers should recognize shared privacy values while drawing the line against countries that don’t respect privacy, he told a U.S. Chamber of Commerce event. “We have so much more in common with Europe than that which separates us, and I think that needs to be a critical part of the conversation.” Countries with data localization standards ought to be the “barriers to trade” that allies focus on, he said.