House Republican leaders are warning the FCC not to reopen its inquiry into applying traditional cable operator regulations to streaming services that offer similar offerings online, saying that issue should be left to Congress.

“We write to express concerns about any attempt by the Federal Communications Commission (FCC) to apply 1990s-era laws and regulations to virtual Multichannel Video Programming Distributors (vMVPD),” wrote House Energy & Commerce Committee chair Cathy McMorris Rodgers (R-Wash.) and Communications Subcommittee chair Bob Latta (R-Ohio) in a letter to FCC xchair Jessica Rosenworcel.

Also Read: Cable Operators Say OVDs Are Not MVPDs

The legislators point out that Rosenworcel has previously said she does not think the FCC has the authority to regulate online video providers. “[W]e agree with your previous statements,” they wrote, “and urge you to refrain from taking any actions to reopen this proceeding.”

Some Democrats have been pushing the FCC to revive a decade old effort to regulate OTT.

With the backing of broadcasters, who have been trying to get more money for their online content, including by pushing for an antitrust exemption from Congress to negotiate for aggregated news content,  Senate Commerce Committee chair Maria Cantwell (D-Wash.) wrote Rosenworcel asking her to revive that inquiry, focused on good faith negotiation rules related to edge provider aggregation of news content from print and broadcast sources.

A decade ago the FCC wrestled with the issue of how and whether to regulate over-the-top delivery of programming networks but after opening a formal inquiry under then-chair Tom Wheeler and reportedly got as far as working on an item that would define linear online video programming streams as MVPDs, nothing materialized. In that case, the issue was online video provider access to content — MVPDs are subject to program access and carriage rules — and providing an FCC-enforced access to vertically integrated programming to promote competition with traditional video.

Rogers and Latta said that they understood the need to protect access to local broadcasting, so should there be any changes to the regulation of video, Congress should look at reforming the laws “to ensure that broadcast stations, cable and satellite television providers and vMVPDs are able to compete fairly.”

Back in January, the National Association of Broadcasters said that without some action by the FCC, including sunsetting the requirement to broadcast in both the current and next-generation transmission formats, that next-generation format — the ATSC 3.0 transmission standard — is “in peril,” and with it broadcasters’ future.

The Federal Communications Commission appears to have listened.

At NAB Show in Las Vegas, FCC Chairwoman Jessica Rosenworcel announced a partnership, the Future of Television initiative, led by NAB and with the goal of a smooth transition to the new standard, also called NextGen TV. ATSC 3.0 will allow for 4K pictures, video on demand, advanced emergency alerts, targeted advertising and more, but broadcasters can also combine retransmission-consent negotiations for new ATSC 3.0 and existing 1.0 signals, which cable operators had opposed.

But since the standard is not backward-compatible with new sets, it will require viewers to either buy those sets for downconverters to the current ATSC 1.0 standard viewable on their current hardware. That’s one of the challenges that needs addressing.

Also Read: NAB Says ATSC Will Reinvent Industry

“Today, we are announcing a public-private initiative, led by the National Association of Broadcasters, to help us work through outstanding challenges faced by industry and consumers,” Rosenworcel said in a speech to the assembled broadcasters.

NAB will set up three stakeholder working groups to deal with “existing hardware, the technical aspects of executing the transition, and other regulatory issues implicated by the evolution in broadcasting standards,“ respectively. 

“We commend the chairwoman, her staff and the Media Bureau for the hard work they have put into making this collaborative effort a reality,” NAB president and CEO Curtis LeGeyt. “NAB and broadcasters will continue to work tirelessly to pave the way for this exciting new technology, which will revolutionize the way viewers consume broadcast content and enable local stations to better serve their communities.”

In meetings with top FCC staffers back in January, Nexstar Media Group chairman and CEO Perry Sook and other top broadcast group executives told Rosenworcel that a “stalled transition” — it has been seven years since broadcasters petitioned the FCC to allow the move — represented an existential threat to free, over-the-air broadcasting.

Now, the two groups will be working together to ensure that the promise, rather than the threat, of a transition will be in the forefront.

Senate and House Republican leaders are pressuring FCC acting Chairwoman Jessica Rosenworcel to improve FCC broadband mapping ASAP after saying they got an answer from staff on the progress of that effort that did not sit well with them.

Also Read: FCC to Vote on Rural Broadband Funding Framework

In a letter to Rosenworcel a copy of which was supplied to Multichannel News, that pressure was applied by Sens. Roger Wicker (R-Miss.), ranking member of the Senate Commerce Committee; John Thune (R-S.D.), ranking member of the Communications Subcommittee; and Reps. Cathy McMorris Rodgers (R-Wash.), ranking member of the House Energy and Commerce Committee, and Bob Latta (R-Ohio), ranking member of the Communications Subcommittee.

The FCC has been under pressure to come up with better data on where broadband is and isn't, particularly since it is handing out billions of dollars supposedly based on where the need for connectivity is greatest. 

The letter said that 1) it has been a year since Wicker's Broadband Deployment Accuracy and Technological Availability (DATA) Act had passed, which mandated the better data collection; and that 2) Rosenworcel has repeatedly told Congrss--back before she was acting chair--that the FCC could radically improve maps "within 3-6 months," and in "just a few" months.

Imagine their surprise, they said, "when your staff recently suggested the new maps would not be ready until 2022."

They said such a delay, particularly during a pandemic, is troubling given that she has also said that the FCC should reduce the (billions of dollars) in funding for the Rural Digital Opportunity Fund (RDOF) until the FCC can come up with better data ("maps before money and data before deployment" has been a Rosenworcel mantra. 

They said the delay in maps could delay the COVID-19 stimulus programs (https://www.nexttv.com/news/fcc-seeks-help-handing-out-billions-in-covid-19-broadband-aid), which will be giving out as much as $20 billion for broadband deployment and use.

The Republicans want a quarterly briefing from the FCC on the status of new maps, plus this information by March 22:

1. "Detailed information on why your estimated timeline for completing new maps has changed from three-to-six months to at least one year.

2. "A detailed timeline for the development of new maps.

Any steps you plan to take to expedite the timeline for completing new maps.

3. "Detailed information on whether the contracting process required by statute will affect the timeline for completing the first new map. Please also provide the anticipated dates for completing the contracting process and development of the IT platforms for the collected data.

4. "A detailed breakdown of how the FCC plans to spend the $98 million Congress provided for the development of new maps.     

5. "Detailed information on whether the revised timeline will delay planned subsidy disbursements, including the 5G Fund and the Rural Digital Opportunity Fund Phase II Auction.    

6. "A detailed plan for how the Commission plans to incorporate its biannual data collections in a timely manner to ensure broadband maps remain up-to-date over time.

7. "Detailed information on how the FCC, as required by law, is coordinating with the NTIA and using NTIA’s National Broadband Availability Map to inform the Commission’s broadband mapping efforts. Please include information on the FCC’s actions to coordinate with NTIA on their Broadband Infrastructure Program, and the Tribal Broadband Connectivity Program."

Last month, Rosenworcel created a Broadband Data Task Force to implement "long-overdue" improvements to the commission's broadband mapping and data collection.

“We are reviewing the letter," said an FCC spokesperspon. "Improving the FCC’s broadband maps is a priority for the Acting Chairwoman.  For several years now there’s been discussion about making these improvements. At her very first meeting she took action by convening the Broadband Data Task Force to expedite the design of new systems for collecting and verifying data so we can more accurately measure broadband availability across the nation.” 

FCC commissioner Jessica Rosenworcel said the FCC needs to use its device authorization process to bake security into the new Internet of Things world. 

That came in testimony for a June 24 FCC oversight hearing in the Senate Commerce Committee. 

With the 5G revolution turning "every piece of machinery, pallet of equipment, thermostat, smoke detector, streetlight, garbage pail, parking meter" into a connected device, she signaled the FCC needed to get in front of the curve. 

She told the Hill that the FCC should revisit its "routine authorization process" for devices like computers and smart phones and see how it can be used to "encourage device manufacturers to build security into new products." 

"To do this," she told Congress, "we could build on the National Institutes of Standards and Technology draft set of security recommendations for devices in the internet of things. This effort specifies the cybersecurity features to include in network-capable devices, whether designed for the home, hospital, or factory floor. It covers everything from device identification, device configuration, data protection, access to interfaces, and critical software updates. In other words, it’s a great place to start—and we should do it now." 

Democratic FCC commissioner Jessica Rosenworcel used the FCC's announcement of waivers she supports to urge the commission to do more to close the digital divide during the unprecedented coronavirus crisis. 

Related: FCC Waives Gift Prohibition 

Commenting on FCC chairman Ajit Pai's announcement that the FCC was waiving gift rules that prevent some carriers from donating equipment or devices to schools, libraries and hospitals receiving government-subsidized broadband, Rosenworcel called it a "smart step," but added: "[L]et’s not confuse generosity for justice, because we need a national plan to ensure that everyone is connected during these unprecedented days." 

She called on the FCC to use its authority to provide hotspots and work with health care providers to ensure connectivity for telehealth services. 

"We also need to do more so Americans can get online during this crisis at little or no cost," she said. "Where data caps and overage fees remain in place, they need to be lifted and eliminated. This crisis demands urgent action. There’s more the FCC can do right now – and we should.” 

FCC commissioner Jessica Rosenworcel says the FCC needs to take aggressive action in the face of the coronavirus, including meeting with broadband providers to get a fix on what they are doing. 

“The coronavirus is already exposing hard truths about the digital divide," she said in a statement, "but the Federal Communications Commission has the power to help. Nationwide this crisis means that we are going to explore the expansion of telework, telehealth, and tele-education." 

She made the same call at a Hill hearing Wednesday (March 11) on the FCC's budget.

Rosenworcel said the FCC should convent broadband providers ASAP. "We need to understand how broadband providers will keep workers safe and keep their services running for Americans who will increasingly rely on broadband connectivity for work, healthcare, and education," she said. 

Rosenworcel said the FCC effort should include facilitating public private partnerships and launching consumer education campaigns, suggesting it was critical to expand connectivity ASAP "at little or no-cost to Americans who are impacted by the coronavirus." She also suggested that data caps should be limited or eliminated. 

Democratic commissioner Geoffrey Starks made a similar call for action in testimony before Congress. 

“The FCC has already been coordinating closely with network operators and has been encouraged by the feedback we have received both regarding the ability of their networks to handle changes in usage patterns caused by the coronavirus outbreak and their plans to maintain their own operations during the outbreak," said spokesperson for FCC Chairman Ajit Pai. "However, we continue to monitor the situation closely.”   

FCC Commissioner Jessica Rosenworcel exited the FCC continuing to stand by her support of net neutrality rules.

Rosenworcel, who had bipartisan support for re-nomination, was the victim of a partisan fight over nominations in general and had to exit before the new Congress was seated Tuesday (Jan. 3).

In her exit statement, she ranged over various issues, including her work to bridge the digital divide and related homework gap, but also took time to re-plant her flag for net neutrality rules in jeopardy at a Republican-backed FCC.

"I am proud to have been a consistent supporter of network neutrality," she wrote. "Our Internet economy is the envy of the world.  What produced this dynamic engine of entrepreneurship and experimentation is a foundation of openness. Sustaining the openness that has made us innovative, fierce, and creative is vitally important.  Moreover, I believe we have a duty to protect what has made the Internet the most dynamic platform for free speech ever invented. That is why I supported network neutrality rules to prevent online blocking, throttling, and paid prioritization."

Many on both sides of the issue actually supported those rules, or at least accepted them. The controversy was instead over the decision to reclassify ISPs as Title II common carriers to justify those rules.

"Though these policies were not without controversy," she conceded. "[W]hat is uncontroverted is that in response to our work on network neutrality, four million Americans wrote the FCC to make known their ideas, thoughts, and deeply-held opinions about Internet openness. They lit up our phone lines, clogged our e-mail inboxes, and jammed our online comment system.  That might be messy, but whatever our disagreements on network neutrality, I hope we can agree that’s democracy in action and something we can all support."

House Energy & Commerce Committee ranking member Frank Pallone (D-N.J.) slammed Republicans Monday (Dec. 12) for not voting on the re-confirmation of FCC Democratic Commissioner Jessica Rosenworcel.

“Over the weekend, Senate Republicans turned their backs on consumers by failing to reconfirm FCC Commissioner Jessica Rosenworcel for a second term," Pallone said.

The Senate exited without holding that vote, which was the decision of Majority Leader Mitch McConnell (R-Ky.).

"Her integrity and advocacy has helped shape the Commission’s work over the past four years,” said Pallone.  “Commissioner Rosenworcel has been a champion for hard-working Americans, including schoolchildren at risk of falling into the ‘homework gap.’  Her tireless efforts to protect consumers and lift up those in need exemplifies the type of first-rate public servant that Americans deserve.”

There is still a theoretical possibility she could be voted in one of the pro forma sessions being held between now and the new Congress to present recess appointments, but that is considered the longest of long shots given that it would have to be unanimous.

She could also leave and be re-nominated, but that is also a long shot.

Despite attempts at last-minute deal-making and FCC Chairman Tom Wheeler's pledge to exit the same day there was a decision, the Senate went home for the holidays without a vote to reconfirm Democratic FCC Commissioner Jessica Rosenworcel.

The Senate will continue to gavel in for brief, pro forma sessions to prevent recess appointments, and theoretically she could be voted on unanimous consent (UC), a fast-track maneuver, but that is not expected to happen given that several holds had been placed on her nomination during the dealmaking and a UC vote has to be, well, unanimous.

That means Donald Trump gets to pick a new chair and a Democratic nominee, and a Republican if he goes with one of the two sitting Republican commissioners--Ajit Pai or Michael O'Rielly--as the new chair.

Rosenworcel was nominated to a new term by President Obama and approved unanimously by the Senate Commerce Committee and placed on the Senate Calendar for a vote over a year ago. But due to some infighting between Republicans and Democrats over nominations, Majority Leader Sen. Mitch McConnell never scheduled her for a vote on the floor, much to the unhappiness of Minority Leader Sen. Harry Reid (D-Nev.).

Rosenworcel will have to exit at the end of this month (technically just before the new Congress is seated in early January), after which the commission will be at a 2-2 tie until FCC Chairman Tom Wheeler exits.

Some deregulatory groups are trying to prevent a possible "compromise" vote on the re-nomination of Democratic FCC Commissioners Jessica Rosenworcel, suggesting instead that she be  leave the commission after the current congress, but return during the next.

Tech Freedom and the Competitive Enterprise Institute have joined with a couple of others in a letter to Senate Majority Leader Mitch McConnell (R-Ky.) and Minority Leader Harry Reid (D-Nev.) to say that while they supported Rosenworcel's re-nomination, but not if it creates a deadlocked, 2-2 commission and certainly not before FCC Chairman Tom wheeler leaves to remove the possibility of a Republican President and a Democratic majority on the FCC.

That means they want Rosenworcel to have to leave the FCC after the lame duck, but then be returned to her seat after a new chair or third Republican commissioner is seated. They say they expect Rosenworcel to be a "constructive participant" in reforming the FCC under a Republican majority, but don't want her continued presence on the commission to prevent that majority during the transition.

"[T]here simply is not time to properly consider a new nomination now, even if Chairman Wheeler were to resign immediately and President Obama   were to  nominate a Republican chosen by the President-elect. So the only way to avoid hamstringing the new FCC Chairman (acting or otherwise) is for Commissioner Rosenworcel to take a brief hiatus from the Commission. This is unfortunate, but better than the alternative. Pairing her with Republicans will give both parties a strong incentive to move quickly on all three nominations. We expect that both could  be  confirmed  by  March.  In the interim, Chairman Wheeler could shift Rosenworcel’s staff to regular agency positions. This would make it easy for her to  reconstitute her office when she returns to the Commission, without her staff missing a paycheck."

At press time, Rosenworcel's nomination remained on a list of nominations on the Senate Executive Calendar that were still awaiting floor votes, where her nomination has been since Dec. 9, 2015, when it was placed their after her unanimous vote out of the Senate Commerce Committee. A floor vote was not scheduled for Tuesday, Dec. 6, but could happen off the floor under unanimous consent (UC), essentially a fast-track approval for noncontroversial nominations or legislation. Like a nomination hold, it would take only one Senator not agreeing to put the kibosh on a UC approval.

That is probably unlikely given that if she is reconfirmed a new Republican Administration would not have a majority on the FCC until a new chairman was named.

Rosenworcel's term expired July 1, 2015, but commissioners are allowed to continue serving until the end of the Congress following that in which their term expires, which means she has to exit in January unless her nomination is voted and approved on the Senate floor in the lame duck session.

Sens. Ed Markey (D-Mass.) and Ron Wyden (D-Ore.) have lifted their holds on the re-nomination of Democratic Commissioner Jessica Rosenworcel to a second term on the FCC.

Markey's office had cited his questioning of the commissioners' commitment to consumers and competition, tied to her perceived issues with the set-top box proposal Markey had helped prompt the FCC to propose.

Markey's office confirmed that the hold had been lifted, confirming a story in Morning Consult, with a source in Markey's office speaking on background saying the Senator had had positive conversations with Rosenworcel and what they called a commitment to proceeding on remaining items before the commission.

If so, and if that included the set-top proposal, it would fly in the face of Republican warnings about voting any controversial items still before the commission. The set-top proposal and another contentious item, the business data services proposal, were pulled from public meetings but remain on circulation, meaning they could be approved if there are three Democratic votes.

But if that happens, Republicans in Congress would likely try to invalidate them using legislative levers.

Even though FCC Chairman Tom Wheeler pulled them off the agenda, he signaled he was still hopeful for action.

The MOBILE NOW Act failed to secure passage thanks to the ongoing battle between Democrats and Republicans over stranded nominees, including Jessica Rosenworcel's renomination and the nomination of Merrick Garland to fill the empty Supreme Court seat.

Following two failed attempts to pass a continuing resolution, Sen. John Thune (R-S.D.) took to the Senate floor Tuesday to ask for unanimous consent to pass the bipartisan bill, but Senate Minority Leader Harry Reid (D-Nev.) once again said no dice while those nominations continue to be in limbo.

Thune's call for UC passage, essentially a procedural short-cut for noncontroversial bills, forced at least one senator to object or the measure would have passed.  That was an angry Reid.

Reid said, quoting former Sen. Bob Dole: "If you don't keep your word, is doesn't matter what agenda you try to advance," making it clear that applied to the advancement of mobile wireless.

Reid said that while he had great respect for Thune, he was not going to let the bill through, at least not today.

He said he was still waiting for Republicans to keep the promise they had made 18 months ago on that same Senate floor to hold a confirmation vote on Rosenworcel and that they could bring up MOBILE NOW as much as they wanted, it wasn’t getting voted.

Reid back in April also hammered Republicans in a floor speech over the Rosenworcel deal/No Deal.

Thune said he was also disappointed, He said he knew Reid was frustrated with the inaction on Rosenworcel, but that it was out of his hands and he had done everything he could, including voting her out of the committee--unanimously. He said scheduling the floor was not in his control.

The Republicans do not plan to allow a vote on the renomination of FCC Commissioner Jessica Rosenworcel this year, according to Sen. Minority Leader Harry Reid (D-Nev.). If that were the case, Rosenworcel would have to exit since her term is over at year's end.

As reported by B&C/Multichannel News, Reid took to the Senate floor Thursday (April 21) to call for a floor vote on Rosenworcel's renomination, in the process saying Majority Leader Mitch McConnell had broken his word to act on Rosenworcel after the Democrats agreed last year to vote out Republican Commissioner Michael O'Rielly. Usually commissioners are paired, Democrat and Republican, before being voted, but Reid said he agreed to vote O'Rielly by himself after getting McConnell's promise that Rosenworcel would also get a vote.

But that has not happened, and may not if Reid is correct.

Reid said McConnell promised to vote her this year, but that has yet to happen. "I've waited patiently for my friend to do the right thing," Reid said, seemingly more in sorrow than in anger. "I've held off for months coming to the floor....I held off hoping the Republican Leader would deliver on the pledge he gave to me."

But Reid said he had spoken with McConnell this week and the leaders said he would do it next year. "Mr. President, next year she's out of a job [he had suggested one reason he had agreed to vote O'Rielly against his better instincts was that he had been told O'Rielly was out of a job]. "Her career will basically be over because of my accepting my counterpart's word," he said.

Perhaps her FCC career, but the highly-regard Rosenworcel could almost certainly get a job, likely at a multiple of her public service salary, at a prestigious law firm, in Silicon Valley, or elsewhere.

But Reid's point was that it was not the way to treat a public servant "who works every day very hard trying to do the right thing for a very important part of our country."

Reid said McConnell had broken his word, but suggested there was still a way to repair the damage by moving on nomination. "So, I still expect him to live up to his commitment and get Commissioner Rosenworcel confirmed, he said.

Reid did point out that Sen. John Thune (R-S.D.), who chairs the Senate Commerce Committee, had kept his word and advanced her nomination through the committee.

Neither Rosenworcel nor McConnell were available for comment.

“I was pleased to see Senator Reid’s comments today on the floor,"said FCC Chairman Tom Wheeler. "Jessica Rosenworcel is an integral part of this Commission and should be confirmed. All nominees, no matter their party affiliation, deserve an up or down vote.”

In an FCC oversight hearing, Sen. Bill Nelson (D-Fla.), ranking member of the Senate Commerce  Committee, said it was past time for the Senate to confirm Rosenworcel, suggesting than that it was a promised confirmation that had yet to be honored by the other side of the aisle.

Rosenworcel's renomination was unanimously approved by the Commerce Committee late last year, but the full Senate has yet to vote.

The President re-nominated the Democratic commissioner for a new five-year term back in May 2015. Her current term expired in June of 2015, but she could serve until the end of 2016 without renomination.

Rosenworcel joined the commission in 2012, confirmed unanimously by the Senate on that occasion.