Federal Communications Commission (FCC)

The FCC needs to stand strong as its decisions reallocating spectrum bands remain “under attack” from other federal agencies, Commissioner Brendan Carr said at an event Thursday, sponsored by CTA and WifiForward. The challenge isn’t new in the Joe Biden administration, he said. The Communications Act makes clear that the FCC should decide how spectrum is allocated, he said. “As spectrum becomes more important, as connectivity becomes more important” other agencies are “effectively trying to challenge that 1930s congressional decision that experts at the FCC should call the balls and strikes here,” he said. Carr sees artificial and virtual reality, and the need for spectrum to connect AR/VR goggles to the internet, as key drivers of continuing demand for Wi-Fi. “At the FCC, we’ve tried to do our part to make sure there is plenty of” unlicensed “spectrum out there,” he said: “We’ve got to continue to stay strong” and “push back against efforts to encroach on the FCC’s expertise.” Reps. Jerry McNerney, D-Calif., and Bob Latta, R-Ohio, chairs of the Congressional Wi-Fi Caucus, said the FCC has done a good job making more spectrum available for Wi-Fi and that push needs to continue. “The value of unlicensed spectrum is absolutely undeniable,” McNerney said. Opening the 5.9 and 6 GHz bands for unlicensed was critical, he said. “We can’t rest there,” he said. We have to continue to push the commission to open up more portions of the spectrum for unlicensed use, and that will continue to push innovation,” he said. “What would have happened” without unlicensed spectrum during the COVID-19 pandemic, Latta asked. “Tele-education, telework, just people staying in touch with their loved ones, those are the things that we came to rely on,” he said. “Think where we were 10 years ago, and then five years ago” and where we are today, he said: “We have a great reliance on unlicensed technology. … It’s a necessity now.” The U.S. doesn’t want to follow other countries, “we want to be the leaders,” he said. “Unlicensed spectrum supports a wide range of innovations, from drones and [VR] headsets, to mobile payments and wearables,” said David Grossman, CTA vice president-regulatory affairs.

Democratic FCC nominee Gigi Sohn and FTC nominee Alvaro Bedoya cleared an initial confirmation hurdle Thursday after the Senate Commerce Committee voted 14-14 on both picks, but they still face a long road to floor approval, said lawmakers and other officials in interviews. Panel Democrats uniformly backed Sohn and Bedoya, but all Republicans opposed them. Six of the 14 Republicans attended the executive session, fulfilling expectations they wouldn’t boycott the meeting (see 2203020076). The committee also tied 14-14 on Consumer Product Safety Commission nominee Mary Boyle. It advanced National Institute of Standards and Technology director nominee Laurie Locascio and International Trade Administration nominee Grant Harris on voice votes.

Federal Communications Commission Chairwoman Jessica Rosenworcel announces Brian Moulton, ex-office of Sen. Tammy Baldwin, D-Wis., as director-Office of Legislative Affairs, and promotes Trent Harkrader to Wireline Bureau chief following Kris Monteith’s retirement … DigitalBridge names Wireless Infrastructure Association CEO and former FCC commissioner Jonathan Adelstein as managing director and head-global policy and public investment, beginning June 1 (see 2203020059) ... Open Compute Project Foundation hires George Tchaparian, ex-Accton Group, as CEO …

Media companies and organizations, including Google, DirecTV and the NAB, are taking action against Russian-sponsored content in reaction to the invasion of Ukraine. “The First Amendment protects freedom of speech; however, it does not prevent private actors from exercising sound, moral judgment,” said NAB CEO Curtis LeGeyt in a statement Tuesday, asking all broadcasters to cease airing “state-sponsored programming with ties to the Russian government or its agents.”

Democratic FCC nominee Gigi Sohn’s recent answers to Senate Commerce Committee members’ follow-up questions from a Feb. 9 confirmation hearing (see 2201280066) are unlikely to dissuade ranking member Roger Wicker of Mississippi and other panel Republicans from pursuing a boycott of a future committee vote to advance her confirmation process, Senate aides and lobbyists told us. In responses released Tuesday, Sohn sought to counter GOP claims she wasn't sufficiently candid about whether she played a role as a board member for Locast operator Sports Fans Coalition (SFC) in securing a revised $700,000 settlement of broadcasters’ lawsuit against the shuttered rebroadcaster (see 2202220066).

Regulatory reviews of Apollo's buying Lumen ILEC assets are moving forward in the states. Virginia State Corporation Commission staff plans to recommend approval soon, said Hearing Examiner Ann Berkebile at an evidentiary hearing livestreamed Thursday. The companies expect to finish getting state approvals in the first half of this year, they told the FCC this week.

Commenters on the Universal Service Fund generally agreed its funding system is unsustainable and in need of changes but disagreed on the solution, in comments posted Friday in docket 21-476 (see 2112220051) as the FCC prepares its report to Congress on the future of USF.

The FCC unanimously adopted new rules for broadband access in multi-tenant environments Friday that crack down on revenue sharing and exclusive access agreements, said an order posted Tuesday (see 2202080065). The rules apply to telecom carriers in commercial and residential MTEs, and multichannel video programming distributors subject to section 628(b) in residential MTEs. Providers are prohibited from entering exclusive or graduated revenue sharing agreements, with the rule applying to agreements signed after the effective date of the rules and those already in place. Those with existing contracts will have 180 days after Federal Register publication to come into compliance. The FCC disagreed with commenters that the MTE broadband marketplace is competitive so further action is unnecessary (see 2202090046). Providers will be required to comply with a consumer disclosure requirement for any exclusive marketing agreements. A declaratory ruling clarifying the prohibition on sale-and-leaseback arrangements was also adopted. The new rules are “important steps that will increase competition,” said Chairwoman Jessica Rosenworcel. “Every American should have access to high-quality, affordable modern communications services,” said Commissioner Geoffrey Starks. Commissioner Brendan Carr said the actions “align with commission precedents as well as the iron laws of economics.” Commissioner Nathan Simington didn’t issue a statement.

NTIA could require states to include public utilities commissions as they decide how to use federal infrastructure funds, said Doug Kinkoph, associate administrator, NTIA Office of Internet Connectivity and Growth, at NARUC’s partially virtual conference Tuesday. Earlier in the day, the NARUC Telecom Committee axed overbuilding language from a proposed resolution about the coming billions of dollars.

SpaceX faces a new wave of calls for the FCC to reject its proposed second-generation satellite constellation. NASA also raised red flags about the SpaceX plans. A lawyer involved in the proceeding told us it would be surprising if the FCC were able to process the second-gen application in time for SpaceX to commence launches in March, as it targeted (see 2201100004). The FCC and SpaceX didn't comment.