Federal Communications Commission (FCC)

Woods Aitken adds Shana Knutson as partner, working on telecom, business services and real estate law; she was Nebraska Public Service Commission general counsel ... Librarian of Congress Carla Hayden reappoints Judge David Strickler as copyright royalty judge (economics) for six-year term ... Karen Modlin says she's leaving Dish Network for Zayo, which hires her as director-communications.

Commenters disagreed whether the voluntary wireless network resiliency cooperative framework, launched in 2016, is working and whether to codify some or all of the framework, in reply comments posted in docket 21-346 through Wednesday. Commissioners approved a network resilience NPRM 4-0 in September, amid hints regulation could follow (see 2109300069). State and public interest groups want rules, which they say would make networks more resilient.

Government agencies and law firms, like other institutions, appear to be still coming to terms with the new, more infectious COVID-19 omicron variant and what it will mean for work headed into the new year. State commissions so far report few changes.

California Public Utilities Commissioners voted 5-0 to deny LTD Broadband the application approval it needed to get about $187.5 million in Rural Digital Opportunities Fund (RDOF) support over 10 years. At a virtual meeting Thursday, commissioners also by unanimous consent cleared multiple California Advanced Services Fund (CASF) grants that LTD and others said partially overlapped areas where they won RDOF support (see 2112140019, 2112090011 and 2112080046). The CPUC got more comments Wednesday on a plan to shift to connections-based state USF contributions.

Top Republicans on the House and Senate Commerce committees pressed the FCC Monday for information on the agency’s response to the Office of Inspector General’s November report that some emergency broadband benefit providers were falsely claiming a child in a household attended a qualifying low-income school (see 2111220058). Commissioner Brendan Carr said he was “kept in the dark” about the OIG’s findings until the report’s public release (see 2111230067). OIG’s recent findings and past federal watchdog reports about “fraud and abuse” in other FCC programs “raise serious questions about” the commission’s “ability to oversee and manage its programs,” Senate Commerce ranking member Roger Wicker of Mississippi, House Commerce ranking member Cathy McMorris Rodgers of Washington and the GOP ranking members of the Communications subcommittees wrote FCC Chairwoman Jessica Rosenworcel. They noted a 2020 GAO report that said the FCC’s oversight of its E-rate program was “insufficient … to identify potential fraud risks” (see 2009160081). “The upcoming transition of the EBB” to the $14.2 billion affordable connectivity program enacted via the Infrastructure Investment and Jobs Act “provides further reason for concern,” the GOP lawmakers said. “Unlike other FCC subsidy programs, the ACP will be funded through appropriations, rather than Universal Service Fund contributions. We are concerned that the FCC may proceed with rules for a permanent ACP that do not adequately protect American taxpayers or best serve eligible households.” The lawmakers want Rosenworcel to explain by Jan. 7 when her office became “aware of fraud” in EBB, if the FCC has identified the providers that committed fraud and what actions the agency will take to “confirm the eligibility of current EBB recipients.” They also want to know whether Rosenworcel will seek comment on draft rules for ACP “from other commissioners and the public” and if the FCC will take steps to ensure “future enrollees” are eligible for the revised program. The FCC didn’t comment.

President Joe Biden appoints California Public Utilities Commissioner Martha Guzman Aceves as administrator of EPA Region 9, serving states including California, starting Dec. 20 ... BakerHostetler hires Jennifer Mitchell, ex-Sony Pictures Entertainment, as partner and member, Digital Assets and Data Management Practice Group ... Nebraska Public Service Commission votes unanimously to hire retired Nebraska Army National Guard Colonel Thomas Golden as the PSC's executive director, replacing Mike Hybl, who retired in September ... CTIA hires from the office of Sen. Shelley Moore Capito, R-W.Va., Sydney Pettit, who joins as director-government affairs.

A California fight is heating up over proposed broadband subsidies that the California Public Utilities Commission might award next week to carriers including Frontier Communications and Race Communications. Etheric, GeoLinks, LTD Broadband and others in recent weeks opposed proposed California Advanced Services Fund (CASF) resolutions up for vote at the CPUC’s Dec. 16 meeting because they said the projects overlap with places where they won Rural Digital Opportunity Fund (RDOF) support. Commissioners may vote at the meeting on a proposed decision that could prevent LTD from qualifying for RDOF support in California.

Judges raised many questions about practical effects of the FCC's January changes to over-the-air reception devices (OTARD) rules, at oral argument Tuesday in the U.S. Court of Appeals for the D.C. Circuit. The court heard Children’s Health Defense (CHD) and four individuals’ challenge of FCC amendments that appellants said could lead to large-scale deployment of carrier equipment in residential areas despite alleged local harms (see 2110140031). Since the commission's goal was to reduce deployment barriers, said Judge Patricia Millett, “it seems to me the FCC itself anticipated that this was going to produce substantial proliferation of these antennas.”

FCC Chairwoman Jessica Rosenworcel's reconfirmation prospects grew stronger Wednesday after the Senate Commerce Committee advanced her nomination to the floor on a bipartisan vote, as expected (see 2111300064). A subsequent confirmation hearing for Democratic commission nominee Gigi Sohn, meanwhile, cemented perceptions that her chances of Senate approval are imperiled. Panel Republicans revealed the extent of their concerns about her candidacy during the hearing, over her views on net neutrality and other matters, also as expected (see 2111300068). At least three Republicans are considering holds on Sohn, including two over the tenor of her past tweets critical of major telecom and media companies. NTIA administrator nominee Alan Davidson also drew lawmakers' attention but little criticism.

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.