Senate Republicans elected Sen. Roger Wicker, R-Miss., Commerce Committee chairman Wednesday, as expected (see 1811070054). Wicker was Senate Communications Subcommittee chairman last Congress and is likely to select past Commerce Chairman John Thune, R-S.D., to take over the subcommittee (see 1811150040). Thune gave up Senate Commerce leadership to become Senate majority whip when the 116th Congress convened last week. Wicker told us his early priorities as Senate Commerce head will include 5G deployment items and privacy legislation, with a 5G hearing potentially “one of our first hearings.” Any 5G hearing is likely to include the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act as “starting point” for legislative discussions, Wicker said. The bill, filed last Congress, aims to implement a “reasonable process and timeframe guidelines” for state and local small-cell consideration (see 1806290063). It faced opposition from state and local governments (see 1810040055). Thune said Wicker “is poised for a successful tenure as chairman.” Competitive Carriers Association President Steve Berry cited Wicker's "deep understanding about what it takes to bring advanced broadband services to rural areas and his work on important issues including Universal Service Fund reform, broadband deployment, access to spectrum, and advancing telehealth services."

Senate Republicans elected Sen. Roger Wicker, R-Miss., Commerce Committee chairman Wednesday, as expected (see 1811070054). Wicker was Senate Communications Subcommittee chairman last Congress and is likely to select past Commerce Chairman John Thune, R-S.D., to take over the subcommittee (see 1811150040). Thune gave up Senate Commerce leadership to become Senate majority whip when the 116th Congress convened last week. Wicker told us his early priorities as Senate Commerce head will include 5G deployment items and privacy legislation, with a 5G hearing potentially “one of our first hearings.” Any 5G hearing is likely to include the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act as “starting point” for legislative discussions, Wicker said. The bill, filed last Congress, aims to implement a “reasonable process and timeframe guidelines” for state and local small-cell consideration (see 1806290063). It faced opposition from state and local governments (see 1810040055). Thune said Wicker “is poised for a successful tenure as chairman.” Competitive Carriers Association President Steve Berry cited Wicker's "deep understanding about what it takes to bring advanced broadband services to rural areas and his work on important issues including Universal Service Fund reform, broadband deployment, access to spectrum, and advancing telehealth services."

Senate Republicans elected Sen. Roger Wicker, R-Miss., Commerce Committee chairman Wednesday, as expected (see 1811070054). Wicker was Senate Communications Subcommittee chairman last Congress and is likely to select past Commerce Chairman John Thune, R-S.D., to take over the subcommittee (see 1811150040). Thune gave up Senate Commerce leadership to become Senate majority whip when the 116th Congress convened last week. Wicker told us his early priorities as Senate Commerce head will include 5G deployment items and privacy legislation, with a 5G hearing potentially “one of our first hearings.” Any 5G hearing is likely to include the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance (Streamline) Small Cell Deployment Act as “starting point” for legislative discussions, Wicker said. The bill, filed last Congress, aims to implement a “reasonable process and timeframe guidelines” for state and local small-cell consideration (see 1806290063). It faced opposition from state and local governments (see 1810040055). Thune said Wicker “is poised for a successful tenure as chairman.” Competitive Carriers Association President Steve Berry cited Wicker's "deep understanding about what it takes to bring advanced broadband services to rural areas and his work on important issues including Universal Service Fund reform, broadband deployment, access to spectrum, and advancing telehealth services."

The halt in regular FCC operations isn't having a large impact on communications law firms and most clients yet, said attorneys who continue to draft pleadings, provide advice, handle litigation and do other work. But if the shuttering lasts an extended period, it will cause delays and backlogs that increasingly have negative fallout on matters large and small, rippling through industry, they said this week.

The FCC Wireline Bureau partly granted a California Department of Education petition for a waiver of E-rate deadlines in eight counties where October 2017 wildfires damaged schools (see 1711280048). “Extensive damage and disruption in service caused by the October 2017 wildfires present compelling and unique circumstances that merit a waiver of certain rules,” said Thursday’s order. It invited other E-rate-eligible entities that saw “similarly catastrophic damage” from the same wildfires to request “similar, narrowly-tailored relief from these or other E-Rate program requirements.” The bureau gave schools and libraries 90 calendar days from the order’s effective date to submit requests for review or waiver of Universal Service Administrative Co. decision, and FCC forms 486 and 472. The bureau waived document retention requirements, recognizing that records may have been lost in the fires, though it said applicants and service providers must certify that wildfires destroyed records to use that waiver. The bureau denied the state department’s request to waive a deadline for seeking an extension of the Sept. 30, 2017, implementation deadline for nonrecurring services and the associated deadline to request a service substitution, because that deadline was before the Federal Emergency Management Agency reported the wildfires. Staff denied the department’s request for additional category 2 funds for affected schools and libraries. “While we recognize the challenges associated with rebuilding internal connections under the circumstances presented in the aftermath of the wildfires," it said, "the Department has not presented evidence to demonstrate that the internal connections in the affected schools and libraries have been damaged or destroyed and that applicants have expended a significant amount of their category two budgets leaving limited to no funds to replace these connections.”

The FCC Wireline Bureau partly granted a California Department of Education petition for a waiver of E-rate deadlines in eight counties where October 2017 wildfires damaged schools (see 1711280048). “Extensive damage and disruption in service caused by the October 2017 wildfires present compelling and unique circumstances that merit a waiver of certain rules,” said Thursday’s order. It invited other E-rate-eligible entities that saw “similarly catastrophic damage” from the same wildfires to request “similar, narrowly-tailored relief from these or other E-Rate program requirements.” The bureau gave schools and libraries 90 calendar days from the order’s effective date to submit requests for review or waiver of Universal Service Administrative Co. decision, and FCC forms 486 and 472. The bureau waived document retention requirements, recognizing that records may have been lost in the fires, though it said applicants and service providers must certify that wildfires destroyed records to use that waiver. The bureau denied the state department’s request to waive a deadline for seeking an extension of the Sept. 30, 2017, implementation deadline for nonrecurring services and the associated deadline to request a service substitution, because that deadline was before the Federal Emergency Management Agency reported the wildfires. Staff denied the department’s request for additional category 2 funds for affected schools and libraries. “While we recognize the challenges associated with rebuilding internal connections under the circumstances presented in the aftermath of the wildfires," it said, "the Department has not presented evidence to demonstrate that the internal connections in the affected schools and libraries have been damaged or destroyed and that applicants have expended a significant amount of their category two budgets leaving limited to no funds to replace these connections.”

The FCC released an order Thursday extending by 90 days the time frame for the collecting speed test data for the Mobility Fund Phase II challenge process. Commissioner Jessica Rosenworcel partially dissented. Commissioners approved the order Dec. 13. The FCC didn’t comment on why it took three weeks for the order to be released. The FCC is investigating whether top wireless carriers submitted incorrect coverage maps (see 1812070048). A wireless carrier official said the order follows an August NPRM and was needed because the FCC earlier extended the challenge process window. The change allows challengers’ speed test data “collected on or after” Feb. 27, and through the entire 240-day challenge window, “to be submitted and considered with a challenge,” the order said: “Similarly, we extend by at least 90 days the timeframe for the collection of information to respond to a challenge.” Rosenworcel said the FCC’s wireless coverage maps are a “mess” and the situation is “unacceptable.” The FCC “lacks the data it should have about precisely where broadband service is and is not in communities across the country,” Rosenworcel said. “Our broadband maps are woefully inaccurate. They overstate coverage and signal strength in rural communities and understate where universal service support is needed to ensure that remote areas are not left behind.” Commissioner Mike O’Rielly said that four months after the FCC extended the challenge process, “we are no closer to determining which unserved areas will be eligible for MF-II support.” The FCC investigation means even more uncertainty, he said. “While I support this item’s effort to harmonize the timeframe for the collection of speed test data with the extended challenge window, our underlying mapping problems remain and, as a result, most of this item seems untimely or moot.”

The FCC released an order Thursday extending by 90 days the time frame for the collecting speed test data for the Mobility Fund Phase II challenge process. Commissioner Jessica Rosenworcel partially dissented. Commissioners approved the order Dec. 13. The FCC didn’t comment on why it took three weeks for the order to be released. The FCC is investigating whether top wireless carriers submitted incorrect coverage maps (see 1812070048). A wireless carrier official said the order follows an August NPRM and was needed because the FCC earlier extended the challenge process window. The change allows challengers’ speed test data “collected on or after” Feb. 27, and through the entire 240-day challenge window, “to be submitted and considered with a challenge,” the order said: “Similarly, we extend by at least 90 days the timeframe for the collection of information to respond to a challenge.” Rosenworcel said the FCC’s wireless coverage maps are a “mess” and the situation is “unacceptable.” The FCC “lacks the data it should have about precisely where broadband service is and is not in communities across the country,” Rosenworcel said. “Our broadband maps are woefully inaccurate. They overstate coverage and signal strength in rural communities and understate where universal service support is needed to ensure that remote areas are not left behind.” Commissioner Mike O’Rielly said that four months after the FCC extended the challenge process, “we are no closer to determining which unserved areas will be eligible for MF-II support.” The FCC investigation means even more uncertainty, he said. “While I support this item’s effort to harmonize the timeframe for the collection of speed test data with the extended challenge window, our underlying mapping problems remain and, as a result, most of this item seems untimely or moot.”

Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.

Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.