John Eggerton

Judge Barrett Could Help Take a Bite Out of 'Chevron'

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.

Next Century Cities Asks California Governor For Special Broadband Bill Session

Next Century Cities wants the governor to bring the California legislature back for a special session to consider a broadband bill, SB1130. Under current law, California's broadband deployment plan is that no later than Dec. 31, 2022, the state will approve funding for infrastructure projects "that will provide broadband access to no less than 98% of California households."  The new law would stretch that timeline by two years, but up the ante on what broadband must be deployed. "[N]o later than Dec.

Commissioner O'Rielly: Not Seeking Help in Staying on FCC

Federal Communications Commissioner Michael O'Rielly will be leaving when his term ends [either with the Senate confirmation of a successor or by January, whichever comes first] and signaled his supporters don't need to advocate for keeping him on the FCC.

Commissioner Rosenworcel Cites Home Broadband Load in Meeting Freeze

Federal Communications Commissioner Jessica Rosenworcel's screen froze just as FCC Chairman was asking for her vote during the commission's Sept 30 meeting. When Commissioner Rosenworcel rejoined the virtual meeting, she suggested the freeze was because of the demand on her home's broadband service. "We have problems in the house with multiple kids going to online school and a spouse who is working as well," she said. Commissioner Rosenworcel has been a big proponent of boosting the FCC's definition of high-speed service given that increased COVID-19-related demand on home broadband.

Cox Investing $60 Million to Close Distance Learning Gap

Saying the COVID-19 pandemic can't be allowed to create an "irreversible" learning gap for students without access to the internet, Cox is teaming up with Common Sense Media to try and do something about it. Cox is pledging $60 million over the next year to help close the digital learning divide. Cox will also extend its offer to new Connect2Compete customers. If they sign up by year's end, they will get two months free, followed by $9.95 per month internet. Cox's outdoor WiFi hotspots will also remain open to all comers.

Diversity Groups Unite Against Trump View of Sec. 230 Reform

In a joint filing Sept. 2 to the Federal Communications Commission, six diversity groups said "no" to the question of whether the FCC should accede to the Trump Administration's desire to regulate social media content to prevent what the President has called censorship of conservative speech. The groups said they were not against finding a way to weed out racial and gender discrimination voter suppression and other internet inequities — which they suggest should be Congress' job — but that Sec. 230 should not be unilaterally reinterpreted to suit the President's internet agenda.

NCTA: Google Fiber View of Broadband Competition is Too Narrow

NCTA-The Internet & Television Association is telling the Federal Communications Commission that it should include all makes and models of broadband in gauging competition in the communications marketplace, in comments on the FCC's framework for its next review of that marketplace. NCTA took aim at comments from Google and INCOMPAS that the FCC should only consider service with symmetrical upstream and downstream speeds or only service of at least 1 gig downstream as providing competitive service.

FCC as Edge Regulator

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.

Names Surface for Possible O'Rielly Successor

Carolyn Roddy, a senior advisor at the National Telecommunications & Information Administration, and Hill staffer Crystal Tully, are two names that have surfaced as potential nominees to replace Federal Communications Commissioner Michael O'Rielly. Roddy was a member of Trump's FCC transition team following the 2016 election and was Metro Atlanta Regional Deputy Coordinator of the campaign. She was briefly an FCC lawyer in 2017.

FCC Won't Stay 6 GHz Wi-Fi Order

The Federal Communications Commission has denied petitions by public safety and utility organizations to stay its decision to open up the entire 6 GHz band for unlicensed Wi-Fi use pending judicial review.