Reps Elaine Luria (D-VA) and John Katko (R-NY) introduced the Ensuring Phone and Internet Access for SNAP Recipients Act of 2021 (H.R.4275). This bipartisan bill would lower the cost of phone and internet access for households that benefit from the Supplemental Nutrition Assistance Program (SNAP). SNAP recipients automatically qualify for the Federal Communications Commission’s Lifeline Program, which offers discounted phone and internet service. The proposed legislation would require the FCC and US Department of Agriculture to survey SNAP recipients to learn if they are enrolled in the Lifeline Program. If SNAP recipients are not enrolled, the survey would encourage their participation. This survey would present a five-year projection on enrollment and would show how the FCC can improve its Lifeline Program’s outreach efforts.

The Federal Trade Commission passed a pair of pivotal measures expanding its power to regulate anti-competitive business practices, setting the stage for a more aggressive enforcement approach from the embattled agency. In the most aggressive effort, the commission voted to rescind a 2015 “Statement of Enforcement Principles” that restricted the FTC Act’s prescriptions on “unfair methods of competition” to explicit violations of existing antitrust law (specifically the Sherman and Clayton Acts). The vote proceeded along party lines, passing 3-2 with Democrats in the majority. “In practice, the 2015 statement has doubled down on the agency’s longstanding failure to investigate and pursue unfair methods of competition,” said FTC Chairwoman Khan. Without that restriction, the FTC will be free to pursue lawsuits against misconduct that might not violate classical antitrust law.

In another 3-2 vote, the FTC moved to simplify the rulemaking process for “prohibiting unfair or deceptive acts or practices.” Introduced by Commissioner Rebecca Kelly Slaughter, the changes are broadly procedural, lifting a number of self-imposed bureaucratic restrictions on the commission, allowing it to respond more efficiently to perceived misconduct. A third 3-2 vote passed a series of resolutions to streamline FTC investigations, including enabling individual commissioners to launch staff investigations into specific industries and conduct. Chairwoman Khan said she believed there were a number of industries where such an investigation would be appropriate, “including technology platforms, healthcare, and pharmaceuticals.”

The Federal Communications Commission is still reviewing Verizon’s proposed purchase of TracFone Wireless from América Móvil. Verizon CEO of the Consumer Group, Ronan Dunne, and TracFone CEO, Eduardo Diaz Corona, met with Acting FCC Chairwoman Jessica Rosenworcel to try and convince her that the transaction is in the public interest. Their main argument is that a combined Verizon/TracFone will introduce a third facilities-based provider in the prepaid segment to compete against T-Mobile’s Metro and AT&T’s Cricket. An obstacle for Verizon is its lack of a commitment to the FCC's Lifeline Program; while TracFone is a big provider of Lifeline services, Verizon has largely avoided participating in the program to date. However, Dunne said Verizon is firmly committed to TracFone’s Lifeline business and will continue to offer TracFone’s current Lifeline-supported services. The CEO also said that within six months after the transaction closes, Verizon will make available a service plan to Lifeline and other prepaid customers through TracFone that includes 5G service.

On June 4, 2021, the Federal Communications Commission's Media Bureau released an order, consistent with the U.S. Supreme Court's decision in FCC v. Prometheus Radio Project, reinstating the rule changes previously adopted by the FCC in its media ownership proceedings but then vacated and remanded by the US Third Circuit Court of Appeals in 2019.3 As such, the Newspaper/Broadcast Cross-Ownership Rule, the Radio/Television Cross-Ownership Rule, and the Television Joint Sales Agreement Attribution Rule were eliminated, and the Local Television Ownership Rule and Local Radio Ownership Rule were reinstated as adopted in the Order on Reconsideration. In addition, the eligible entity standard and its application to regulatory measures as set forth in the 2016 Second Report and Order were reinstated. Finally, the regulatory measures adopted in the 2018 Incubator Order were reinstated. These changes became effective on June 30, 2021.

In addition, on June 4, 2021, the Media Bureau also released a Public Notice (MB Docket No. 18-349) seeking to update the record in the 2018 Quadrennial Review proceeding, in which the Commission has sought comment, pursuant to its obligation under Section 202(h) of the Telecommunications Act of 1996, on whether its media ownership rules remain “necessary in the public interest as the result of competition.” The deadline for filing comments is August 2, 2021, and the deadline for filing reply comments is August 30, 2021.