Upcoming policy issue

White House Chief of Staff Mark Meadows is leaning on the Pentagon to move ahead with a plan to stand up a 5G wireless network and the idea, despite opposition from key government and private-sector players, could well outlive the Trump administration. But there is also a chance the process will derail. The push has rankled some top DoD officials, sources say, with Defense Secretary Mark Esper said to be among those wary of the idea. Some officials at the Federal Communications Commission are also troubled by the national 5G plan.

Judge Amy Coney Barrett, President Donald Trump’s pick to succeed the late Ruth Bader Ginsburg on the Supreme Court, could well help shift the Supreme Court’s view of how much deference to give decisions by agencies like the Federal Communications Commission. The doctrine of Chevron deference, established by the Supreme Court in the 1984 case of Chevron U.S.A., Inc. vs. Natural Resources Defense Council, established the legal test for when courts should defer to the expertise of a regulatory agency.

The next administration should revitalize the Federal Communications Commission and use its dormant regulations to break up monopolies in the telecommunications industry. The FCC once used its mandate to regulate abusive and exclusionary behavior by fostering a fair and competitive marketplace that serves the public interest. Between 1934 to 1975, the FCC implemented some of the most progressive anti-monopoly policies in our nation’s history. Although monopolies blight the current communications landscape, the wave of litigation against them is an encouraging sign.

On October 27, the Federal Communications Commission is expected to vote to create the 5G Fund for Rural America, a new program supported by the Universal Service Fund. The 5G Fund will replace the FCC's existing Mobility Fund which has been used to support deployment of 4G LTE networks in rural, insular, and high cost areas of the country. The FCC will distribute up to $9 billion in universal service support to bring mobile voice and 5G broadband service to rural areas of the country. The deployment of networks capable of providing this 5G service undoubtedly will be expensive.

A Federal Communications Commission proposal that began circulating Aug 14 among FCC commissioners would formally close the door on a controversial plan involving consumers’ cable set-top boxes. Will Wiquist, a spokesperson for Chairman Ajit Pai, said that this new proposal “would terminate the proceeding in which the prior Commission proposed imposing complex and unnecessary regulations on the navigation device market that generated bipartisan opposition within and outside the agency, and serious concerns from a wide range of stakeholders and experts, including the U.S.

Federal Communications Commission Chairman Ajit Pai may have thought he was doing wireless carriers a favor when he slashed by nearly two-thirds a potentially costly requirement that they increase data for low-income subscribers starting in December. Instead, budget carriers are fighting his plan, leaving an uncertain future for Lifeline, the Federal Communications Commission’s program to help low-income Americans pay their phone and broadband bills. Pai’s draft order would force carriers like TracFone Wireless to provide 1.5 GB more data than currently required under Lifeline.

Law firm Cooley LLP has broken out the ways that the National Telecommunications and Information Administration's Sec 230 petition, if acted on by the Federal Communications Commission, would impose “sweeping changes.” For one, its requirement that websites disclose their moderation policies would subject edge provider content to the FCC’s authority for the first time.

House appropriators have begun moving their funding bills to the floor. The juiciest Democratic wish lists on broadband infrastructure spending (that’s in a separate funding bill for the FCC, which provides enormous emergency funding for broadband to the tune of more than $60 billion) haven't been scheduled for votes yet.

Joe Biden and Bernie Sanders’ “unity task forces” — which brought together backers of each camp to bridge differences in their agendas — unveiled policy recommendations that featured positions on a number of key tech policy issues. The task force included a recommendation on how the party should approach resurrecting the repealed Obama-era net neutrality protections, saying “Democrats will restore the FCC's clear authority to take strong enforcement action against broadband pro

Senate Democrats are attempting to add their distance learning E-Rate funding bill to the must-pass National Defense Authorization Act (NDAA). Sens. Ed Markey (D-MA), Michael Bennet (D-CO), Maggie Hassan (D-NH), and Chris Van Hollen (D-MD) have proposed their Emergency Educational Connections Act as an amendment on the bill. The bill would ensure that all K-12 students have access to "adequate" home broadband connectivity and devices during the COVID-19 pandemic. The bill would clarify that E-rate could be used for equipment and service at "locations other than the school."