FCC Commissioner Michael O'Rielly

As many of you know, on June 12 Judge Richard Leon of the US District Court for the District of Columbia ruled against the US government and in favor of AT&T’s application to merge with Time Warner, without the imposition of any conditions. From the viewpoint of many, both the Federal Communications Commission and Department of Justice have been stuck in administrative molasses, seeking to apply sectoral market analysis, preserve questionable bright line tests, and continue the imposition of rigid restrictions as part of transactional reviews the same way now as in 2008, 1988, or 1958.

On June 15, 2018, Federal Communications Commissioner Michael O'Rielly wrote to Gov Gina Raimondo (D-RI) and Rhode Island General Assembly Speaker of the House Nicholas Mattiello (D-RI-15) to follow-up on the issue of 9-1-1 fee diversion. He wrote, "To put it bluntly, your state is diverting 60 percent of the funds intended and necessary for public safety purposes to your general fund, and no amount of relabeling will resolve this reality...I am writing, again, to implore you to end Rhode Island's fee diversion practices." 

On June 19, 2018, Federal Communications Commissioner Michael O'Rielly wrote to Charles Salle, Deputy Director of the New Mexico Legislative Finance Committee. He was responding to a phone call Commissioner O'Rielly received addressing why the state of NM diverted 9-1-1 fees in 2016.

I would like to explore three rather divergent policy issues, unified by my views on what I see as being in the best interests of American consumers.

It’s been four months since my colleague, Federal Communications Commissioner Jessica Rosenworcel, and I penned an op-ed reaffirming the need and accompanying reasons to stop states from diverting critical 9-1-1 fees collected from consumers to non-9-1-1 functions.  After such time, it seems appropriate to ask: have things improved?  In reality, the effort to end 9-1-1 fee diversion has had mixed results.

[Press release] As consequential as the Federal Communications Commission can be in communications policy, it is critical for those in leadership positions to acknowledge that its authority and reach is inherently limited. In fact, current law prevents the Commission from having any role or oversight over numerous modern technologies central to many Americans' communications habits.

Unfortunately, there is a false narrative in Washington (DC) that ATSC 3.0 will only benefit one particular company.  In fact, this narrative goes even further, suggesting everything the Federal Communications Commission has done in the media space over the last 17 months has been to benefit one company, in this case, Sinclair Broadcast Group. This misguided fantasy is perplexing to other broadcast stations across the country that have seen real benefits to our actions.

"[May 1] the bureau initiates a proceeding to further examine the feasibility of opening up 3.7 – 4.2 GHz for commercial use. I have repeatedly called for freeing up this band for commercial purposes and I am pleased to see this important step forward in our process, as it will complement and not delay the Commission’s ongoing work on the matter. I want to thank Congress for their leadership on this spectrum band, particularly Senators Thune and Nelson for raising this issue in the MOBILE NOW Act."

[Speech] Over the last three-plus years, the Commission has rightly focused its time and energy to ensure that next-generation, or 5G, networks come to fruition. Why is this so important? It’s about a global race to be the first among many competing nations to 5G. Leading the world in 5G will allow U.S. companies to help shape its future growth, standards, and capabilities – all of which have a tremendous impact on our future economic success.

“I am saddened to hear my friend and colleague, Commissioner Clyburn, announce her intention to leave the Commission in the very near future. I’ve had the pleasure of working with her on several projects and her commitment to her principles always impressed me. Even when we disagreed, we found a way to work through it and get to the next issue. Suffice it to say, Commissioner Clyburn epitomizes the term ‘public servant.’ I wish her well in her next endeavor, whatever it may be.