Consumer advocates didn’t see eye to eye with MVPD and broadcast industry officials over whether the FCC has the authority to expand closed captioning requirements to online video, at the agency’s virtual Video Programming Accessibility Forum Thursday. The FCC doesn’t have “plain and clear authority” for stricter rules under the Twenty-First Century Video Accessibility Act, said NAB Associate General Counsel Larry Walke. The agency has “broad technology-neutral authority” under the 1996 Telecommunications Act to separate captioning requirements from the distribution method of a video, said Blake Reid, director of the University of Colorado’s Samuelson-Glushko Technology Law & Policy Clinic and attorney for Telecommunications for the Deaf and Hard of Hearing (TDI): “It’s a civil rights issue.”
Texas will appeal a U.S. district court pausing the state's social media law, a spokesperson for Gov. Greg Abbott (R) said Thursday. Internet associations that challenged the law expected Texas to appeal Wednesday’s preliminary injunction, their officials said in interviews Thursday. Those same groups earlier won preliminary injunction -- also under appeal -- against a similar Florida law, but NetChoice Policy Counsel Chris Marchese told us a “very high risk” remains that more states will try to regulate social media.
Oklahoma’s transition to a connections-based state USF contribution mechanism is “so far, so good,” said Brandy Wreath, the Oklahoma USF (OUSF) administrator, in an interview. Oklahoma Corporation Commission (OCC) members ordered the interim change in August to try to stabilize the OUSF while parties work on writing recommendations for the legislature (see 2108050049). In Tuesday comments at the California Public Utilities Commission, wireless companies and consumer groups panned a staff recommendation to shift to a flat, per-line surcharge.
Numerous House Commerce Committee members repeated calls for bipartisan action to revise Communications Decency Act Section 230 during a Wednesday Communications Subcommittee hearing, but remain far apart on the details. The proposals “aren’t identical,” but the process could lead to “bipartisan work,” said committee Chairman Frank Pallone, D-N.J. “Republicans and Democrats don’t agree on this issue,” said Rep. Dan Crenshaw, R-Texas.
E-rate consultants and advocates are skeptical about a draft FCC NPRM that would establish a central online portal for E-rate's competitive bidding process and seek comment on requiring applicants to submit additional documentation (see 2111230068). Stakeholders told us the draft poses several administrative challenges that may need to be addressed in additional rulemakings. Others questioned whether the move is necessary.
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.
Incumbent public safety users of the 4.9 GHz band don’t agree with wireless advocates about expanding the band to unlicensed use or coordinating spectrum sharing, said comments filed by Monday’s deadline in docket 07-100. Allowing unlicensed use would ensure the most use “from the broadest set of stakeholders,” said the New America Foundation’s Open Technology Institute. Sharing the band should be handled carefully because public safety can't go anywhere else, public safety groups said. “What alternative spectrum has been made available?” asked the National Public Safety Telecommunications Council. “To NPSTC’s knowledge, none has been identified.”
Finding ways to make parts of the 3.1-3.45 GHz band available for nonfederal use, as laid out in the Infrastructure Investment and Jobs Act (see 2111120050), faces a variety of big hurdles, spectrum sharing experts said Tuesday at the annual Wireless Innovation Forum. NTIA Office of Spectrum Management Executive Director Scott Patrick said relations with the FCC "are in a nice spot right now," with commitments high in the Biden administration that agencies understand the positions of other agencies, and with plans for more concrete actions once NTIA and FCC leaders are confirmed. The two agencies collaborate a "tremendous amount" daily, said FCC Office of Engineering and Technology Deputy Director Ira Keltz, saying the agencies may not always agree but "the working relationship is good."
FCC Chairwoman Jessica Rosenworcel is expected to easily advance out of the Senate Commerce Committee during a Wednesday meeting (see 2111230066) with unanimous support from panel Democrats and potentially most Republicans too, lawmakers and lobbyists said in interviews. Democratic FTC nominee Alvaro Bedoya is expected to get far less Republican support, amid some members’ threats to place holds on his confirmation (see 2111170059). The panel’s reception for Democratic FCC nominee Gigi Sohn is expected to divide sharply along party lines, while NTIA administrator nominee Alan Davidson could draw significantly less attention (see 2111300068). The meeting will begin at 10:15 a.m. in 253 Russell.
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.