Margaret Harding McGill

FCC chairman's first 100 days: full steam ahead on slashing regulations

The roughly 100-day frenzy of deregulation at the Federal Communications Commission marks a bright spot for the Trump Administration, which has been hampered in other areas like repealing Obamacare. And FCC Chairman Ajit Pai shows no signs of slowing down, teeing up a takedown of the signature FCC achievement of the Obama years: network neutrality rules designed to ensure internet service providers treat all web traffic equally.

Privacy Rules Overturned; Next Up, Title II?

The White House has already said President Donald Trump plans to sign the resolution using the Congressional Review Act to rescind the Federal Communications Commission's broadband privacy rules. That leaves an open question of how the agency and Congress will choose to address the issue in the future. In his reaction to the House vote, FCC Chairman Ajit Pai seemed to suggest his next step would be to undo Title II, rather than create new rules that align with existing ones at the Federal Trade Commission.

Title II classified broadband internet access service providers as common carriers and put them under the FCC's regulatory jurisdiction. It's the same policy that bolsters the network neutrality rules, meaning revoking Title II could be tied to rolling back net neutrality. House Commerce Committee Chairman Greg Walden (R-OR) is in step with Chairman Pai on leaving privacy to the FTC. "I hope the FCC will take up and review what was done under the Wheeler regime on Title II," he said, referencing the previous FCC chairman. "Repealing Title II solves the whole problem. I think we gotta get this back to where we can legislate in this space, and take the bill we drafted a few years ago that would put into statute prohibitions on bad behavior, on throttling, and paid prioritization and blocking, there's bipartisan agreement on that. But when the Obama administration forced the FCC to go straight to Title II, that created all these problems."

FCC Chairman Pai Meets with House Commerce Committee Leaders on Rural Broadband

Federal Communications Commission Chairman Ajit Pai met with the House Commerce Committee's Rural Telecommunications Working Group to discuss expanding broadband access in rural communities. Some of the topics the group touched on included the Universal Service Fund, call completion and the FCC's 477 Form, according to a committee aide. "The meeting with Chairman Pai was an opportunity for a robust, bipartisan discussion about bridging the digital divide that too often exists between rural and urban areas," said Rep. Bob Latta (R-OH). "Reducing regulatory barriers and investing in deployment of broadband infrastructure will help more of our communities - especially rural communities - compete and stay connected in the 21st century economy."

FCC Chairman Pai Sticking With 2-for-1 Regulation Order

The White House has called for eliminating two regulations for every new one imposed, and though the policy doesn't apply to independent agencies like the Federal Communications Commission, FCC Chairman Ajit Pai is sticking with the spirit of it. He told reporters that during his short tenure so far, the FCC has repealed, revised or tweaked what he described as outdated regulations. "I think the prism within which the FCC views any regulations that are on the books is: Do they continue to be necessary in the public interest and to promote competition in 2017," Chairman Pai said. "And if they don't, then we obviously want to modernize them to make sure that we're not standing in the way of investment or innovation or otherwise imposing more costs."

EPIC Files FOIA for Docs on Trump-Pai Meeting

The relationship between new Federal Communications Commission Chairman Ajit Pai and President Donald Trump is likely to continue to be a focal point for technology and telecommunications watchers. The pair met at the White House a week ago, one day before President Trump re-nominated Chairman Pai for another term. The Electronic Privacy Information Center is trying to pull back the curtain on that meeting, filing a Freedom of Information Act request seeking “memos, briefing papers, emails and talking points” pertaining to their conversation.

Pai’s Calendar Shows Peek at Agenda

Federal Communications Commissioner Ajit Pai held a flurry of meetings with congressional Republicans and television broadcasters in the weeks before he took charge of the FCC, records obtained show — offering a flavor of his priorities and agenda as he sought the agency's top slot. His appointment calendar from Election Day to Jan. 25 shows then-Commissioner Pai kept in close contact with top GOP lawmakers, who are poised to play a key role in supporting and assisting with his deregulation agenda. He met with no congressional Democrats during that time frame, according to his schedule.

Chairman Pai also carved out a notable amount of time for broadcasters, an interest group that was frequently at odds with the previous FCC Chairman Tom Wheeler. He met twice with Sinclair Broadcast Group, one of the nation's largest TV station owners, and huddled with the chief executives of T-Mobile and DISH as well as leading industry trade groups. Commissioner Pai checked in with former-Gov. Nikki Haley (R-SC) on Dec. 5, after President Trump picked her to be ambassador to the United Nations. And if you’re looking to run across Chairman Pai at your daily power lunch, consider Oceanaire, Del Frisco’s and Charlie Palmer — three restaurants where he lunched with major communications trade group CEOs.

Republicans Split on Paid Prioritization

Paid prioritization appears to be a flashpoint as Republican leaders consider next steps on network neutrality.

On one side, some GOP lawmakers, like House Communications Subcommittee Chairman Marsha Blackburn (R-TN) are OK with letting internet service providers cut deals with websites for faster access to consumers, a concept known as ‘paid prioritization.’ But other powerful Republicans, Senate Commerce Committee Chairman John Thune (R-SD) consider the practice harmful to consumers and want to make it illegal. Chairman Blackburn acknowledged she differs from Chairman Thune and House Commerce Chairman Greg Walden (R-OR) on the issue, but expressed confidence they can ‘talk it through.’

FCC’s Pai Wants to Lift Charter-TWC Condition

Federal Communications Commission Chairman Ajit Pai wants to eliminate an FCC mandate forcing Charter Communications to compete head-to-head with other broadband providers in one million new locations. A draft order circulated among commissioners would jettison that requirement, but preserve a condition calling for overall broadband buildout to two million new households. The requirements were part of the FCC's approval of the $67 billion Charter-Time Warner Cable-Bright House Networks merger in 2016. An FCC spokesperson said it’s more important for Charter to build out to unserved households than to take on competitors.

FCC Defends Prison Call Shift

Although Federal Communications Commission Chairman Ajit Pai believes there’s market failure in the prison phone call industry, the FCC’s “well-intentioned efforts have not been fully consistent with the law,” the agency’s acting general counsel told lawmakers in a letter Feb 21.

Citing the reality that the commission’s current Republican leadership disagreed with parts of the FCC’s 2015 reforms, agency attorneys abandoned defense of rate regulation of in-state phone calls in a lawsuit brought by major prison phone providers. Acting general counsel Brendan Carr pointed out that the FCC still moved forward with oral arguments, and defended the agency’s authority to cap interstate rates and efforts to curb fees. “If the court ultimately agrees with the positions the FCC defended at oral argument, the result could go a long way in helping to reduce the rates and fees associated with inmate calling services,” Carr wrote in response to a letter from Rep. Bobby Rush (D-IL) and other Democrats.

Network neutrality could be GOP's next repeal-and-replace target

Leading Republicans want to get rid of the Federal Communications Commission’s network neutrality rules — and substitute them with less-stringent legislation. And they’re hoping the threat of an FCC repeal of the Obama-era regulations will coax congressional Democrats to the negotiating table.

It’s a scenario reminiscent of many Republicans’ approach to Obamacare, which they want to tear down without being accused of stripping health care coverage from millions of Americans. So far, Democrats aren’t taking the bait. Rather than cozy up to the majority to strike a deal, liberal lawmakers previewed a scorched-earth strategy to stop the FCC from repealing the rules in the first place. Sen. Ed Markey (D-MA) said repeal would bring a “political firestorm” upon Republicans. Sen. Ron Wyden (D-OR) likened the coming fight to the tech industry's 2012 uprising against the Stop Online Piracy Act.

Judge Gorsuch No Stranger to Tech

President Donald Trump’s Supreme Court pick, Judge Neil Gorsuch, has tackled some of the biggest issues in tech during his time on the 10th Circuit Court of Appeals, spanning e-mail privacy and Microsoft antitrust and the “Amazon tax.” Judge Gorsuch has also shown skepticism about the Chevron doctrine, whereby federal courts give deference to agencies' interpretation of laws and regulations. Given his experience on the bench and in private practice at a Washington law firm, Judge Gorsuch is likely to be "very strong on First and Fourth Amendment issues involving the internet of things," said Perkins Coie partner Andrew McBride.

Former FCC Staffers Launch Consulting Firm

Paul de Sa, Ruth Milkman and Jon Wilkins, who left the Federal Communications Commission at the end of Chairman Tom Wheeler’s era, are launching Quadra Partners, an advisory firm aimed at executives and investors in the wireless and broadband sectors. De Sa most recently led the FCC’s Office of Strategic Planning, Milkman was Wheeler’s chief of staff and Wilkins headed up the agency’s wireless bureau. They plan to focus on strategy development, new business creation, mergers and acquisition, and public/private investment.

FCC’s Rosenworcel Confirmation Drama

Federal Communications Commission member Jessica Rosenworcel is facing new obstacles to win re-confirmation in the Senate for another term, and the clock is also working against her.

Commissioner Rosenworcel’s already fraught path to confirmation was dealt a potential death blow when Sens. Ed Markey (D-MA) and Ron Wyden (D-OR) put a hold on her nomination, citing inaction on several recent FCC proposals. The holds further complicate the calculus for Commissioner Rosenworcel. Unless lawmakers reconfirm her, she must leave the FCC when this Congress adjourns. Republicans have also had longstanding holds on Rosenworcel’s nomination, sparking previous retaliation from Senate Minority Leader Harry Reid (D-NV), who’s been standing in the way of technology and telecommunications bills coming out of the Senate Commerce Committee. Now that some Democrats are also holding up Commissioner Rosenworcel, the Commerce Committee’s leadership is calling on Sen Reid, who is retiring, to let its legislation through. “Bipartisan technology legislation passed by the Commerce Committee should not face further delay from the Senate Minority Leader over a nominee Senate Democrats are now blocking,” said committee spokesman Frederick Hill. Among the bills Hill flagged that are in need of passage are the MOBILE NOW Act and The FCC Reauthorization Act, both of which are on Commerce Committee Chairman John Thune’s (R-SD) priority list.

Public Knowledge President Gene Kimmelman questioned whether Commissioner Rosenworcel is the right choice for Democrats, but Free Press Policy Director Matt Wood said he disagreed with the holds on her nomination. “Free Press does not support the strategy, nor do we believe the claims underlying it. We did not ask any senators to take this step,” said Wood.

Clinton quietly amasses tech policy corps

Hillary Clinton's campaign has tapped a network of more than 100 tech and telecom advisers to craft a policy agenda that echoes many of Silicon Valley's top priorities, from knocking down laws that limit innovation to defanging so-called patent trolls.

The breadth of her outreach to technology experts — not previously reported — marks yet another contrast with Donald Trump, who has offered few clues about who might have his ear on issues important to the tech sector, and whose positions on issues like immigration have alienated large segments of the industry. Even more than Barack Obama did eight years ago, Clinton conspicuously embraces Silicon Valley's view of the world and what it needs from Washington — a view that’s often at odds with long-standing interest groups such as taxi unions and big cable companies. Clinton’s tech advisers — divided into about a half-dozen working groups — provided input for the "technology and innovation" agenda that she released June 28.