The FTC is breaking the law by refusing to follow statutory mandates that would allow consolidation of lawsuits against the agency’s new click-to-cancel rule, said NCTA, the Interactive Advertising Bureau and the Electronic Security Association in a filing this week (see 2410240001).
Republican FCC Commissioner Brendan Carr, an overwhelming favorite to become chairman when President-elect Donald Trump returns to office Jan. 20 (see 2411060042), said Thursday the FCC should stand down from working on controversial matters during the transition from President Joe Biden to Trump’s second term. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., sent FCC Chairwoman Jessica Rosenworcel a “pencils down” letter Wednesday (see 2411060043). Senate Republicans will likely send Rosenworcel similar demands soon.
The union representing FCC employees, the National Treasury Employees Union, said it's ready to work with President-elect Donald Trump’s administration but warned that it would oppose efforts against federal workers. The Trump White House is expected to implement plans laid out in the Heritage Foundation’s Project 2025 and the Trump campaign’s Agenda 47, reducing the federal workforce and reclassifying many career civil servants, making it easier to fire and replace them with political appointees, academics and analysts told us. The NTEU “will make every effort to work in good faith” with the Trump administration, said NTEU National President Doreen Greenwald in a release. “However, we are fully prepared to work with our allies in Congress and use all the tools we have to fight any and all actions taken by his administration that would harm frontline federal workers, our ability to represent them or their ability to serve the American people.”
The FCC got dozens of comments on an August NPRM from wireless carriers, tech companies and others on further changes to rules for the citizens broadband radio service band (see 2408160031). In filings posted through Thursday in docket 17-258, commenters disagreed sharply on a proposal by carriers to more closely harmonize CBRS rules with those for the adjacent 3.45 GHz and C-band.
Proponents of uniform handset unlocking rules said Wednesday that momentum for approval should continue despite the upcoming change in leadership, following Tuesday's election. Experts spoke during a Broadband Breakfast webinar.
FCC Commissioner Brendan Carr is in prime position to take over the commission’s chairmanship in January following former President Donald Trump’s election to a second term, giving him leeway to make potentially sweeping changes on a range of high-profile communications policy matters, lawyers and other observers said in interviews Wednesday. Carr’s agenda if he becomes chairman is likely to mirror elements of the FCC chapter he wrote for the Heritage Foundation’s Project 2025 policy agenda (see 2407050015), but he may need to delay non-bipartisan actions until the Senate can confirm a Republican nominee to fill current Chairwoman Jessica Rosenworcel’s seat if she resigns, as is tradition, observers told us.
Charter Communications' Adam Ray, executive vice president-chief commercial officer, adds oversight of Spectrum Enterprise; Bill Archer, current president-Spectrum Enterprise, transitions to an advisory role to Ray until retirement in 2025 ... Consolidated Communications hires Al Maitino, ex-Lightpath, as senior vice president-commercial sales and Chris McGregor, Charter, as vice president-consumer call center ... Straight Arrow News adds Ken Shapiro, previously Morning Brew, as chief revenue officer.
The U.S. and EU have made good progress in implementing the agreement for trans-Atlantic personal data flows but more is needed, the European Data Protection Board (EDPB) said in its first review of the data privacy framework (DPF). The board praised the U.S. for creating redress mechanisms for EU individuals and appointing judges and special advocates to handle complaints. However, it said, it has "identified ... a number of points for additional clarifications, for attention or for concern." These include that while the DPF certification process seems to be running smoothly, the board expects the Commerce Department to boost oversight and enforcement to ensure compliance by certified organizations with all DPF principles. The need for proactive oversight is particularly clear in light of the very low number of complaints received in the DPF's first year, it said. The review also urged Commerce to provide practical guidance on accountability for the onward transfer principle, saying it's concerned some certified companies are unaware of the requirements for lawful transfers of personal data they receive from EU exporters to third countries that the European Commission, under the general data protection regulation (GDPR), doesn't consider adequate. Regarding government access to data, the EDPB said it would welcome more discussion on how U.S. agencies are interpreting and applying GDPR principles of necessity and proportionality of data collection. The board "regrets" that the "Reform Intelligence and Securing America Act," which extends Section 702 of the Foreign Intelligence Surveillance Act, didn't incorporate a recommendation by the Privacy and Civil Liberties Oversight Board to codify some aspects of Executive Order 14086, which would add more safeguards. The board also suggested that the EC carry out its next review of the DPF in three years rather than four to monitor EDPB concerns more closely.
The group behind recent FCC complaints against CBS and ABC over their news coverage filed an equal time complaint against NBC and its station WNBC New York Monday over Democratic presidential nominee Kamala Harris’ weekend appearance on Saturday Night Live (see 2411040057). The complaint from the Center for American Rights echoes points first raised by FCC Commissioner Brendan Carr and calls for “a substantial fine” against NBC. “Broadcasters cannot abuse their licenses by airing what amounts to a free commercial promoting one candidate the weekend before the presidential election,” said CAR President Daniel Suhr in a news release. FCC Commissioner Nathan Simington backed the complaint Monday, saying “I urge Commission leadership to take these credible allegations seriously,” but multiple broadcast attorneys told us NBC appears to have satisfied the FCC’s rules.
The outcome of Tuesday's Senate elections could scramble Senate Commerce Committee Republicans’ leadership structure given the competitive contest between ranking member Ted Cruz, R-Texas, and Rep. Colin Allred, his Democratic challenger. Four other panel members also face tough or competitive reelection fights (see 2411040051). Democratic leaders on the House and Senate Commerce committees indicated they intend to stay in those roles in the upcoming 119th Congress regardless of the election’s outcome.