Senate Majority Leader Mitch McConnell of Kentucky and other GOP lawmakers are pressing President Donald Trump to reverse course and reinstate his renomination of FCC Commissioner Mike O’Rielly, officials told us. Trump abruptly withdrew O’Rielly’s renomination Monday (see 2008030072). The decision drew significant scrutiny amid perceptions it’s tied to O’Rielly’s reluctance to say he wants the FCC to clarify its rules in response to Trump’s May executive order on Communications Decency Act Section 230. Senate Republicans are making their case for O’Rielly partly because they think it would be difficult for the Senate to confirm a replacement this year (see 2008040061).
Section 230
President Donald Trump's surprise decision to withdraw Mike O’Rielly's nomination to another term on the FCC (see 2008040061) could hurt Republicans immediately, observers noted in interviews this week. If O’Rielly follows the example of others, he could begin recusing himself immediately. That would mean Chairman Ajit Pai loses a generally reliable third vote when there's a split with Democrats.
Policing political content curation by platforms like Facebook and Twitter isn’t within FTC jurisdiction, Chairman Joe Simons said Wednesday at a Senate Commerce Committee hearing. Chairman Roger Wicker, R-Miss., asked the commission about President Donald Trump’s social media executive order (see 2008040059).
Expect the Senate Commerce Committee to question the FTC on how it's responding to President Donald Trump’s social media executive order (see 2007280053) when commissioners testify Wednesday, senators said in interviews. Brian Schatz, D-Hawaii, said he’s more concerned about political influence at the FCC. A day earlier, Trump withdrew the renomination of Commissioner Michael O’Rielly (see 2008030072).
President Donald Trump’s withdrawal of renomination of FCC Commissioner Mike O’Rielly (see 2008030072) is getting considerable scrutiny on Capitol Hill and within the communications industry. Some officials suggested Trump’s action will have repercussions for commission politics and policymaking heading into 2021. O’Rielly’s removal will likely make it very difficult for the Senate to confirm a nominee this year to replace him, given the limited amount of time left on the legislative calendar before this Congress ends, lawmakers and lobbyists said in interviews through Tuesday.
President Donald Trump withdrew his renomination of FCC Commissioner Mike O’Rielly to another term, the White House announced Monday (see 2008030072). The Trump administration and O’Rielly’s office didn’t comment. The agency declined to comment.
The FCC seeks comment on NTIA’s petition asking for rules clarifying Communications Decency Act Section 230 (see 2007280053), Chairman Ajit Pai announced Monday. “Longstanding rules require the agency to put such petitions out for public comment ‘promptly,’ and we will follow that requirement here,” he said. “I strongly disagree with those who demand that we ignore the law and deny the public and all stakeholders the opportunity to weigh in on this important issue.” The agency should welcome “vigorous debate,” not curtail it, he said: “The American people deserve to have a say." The "feedback" is "over the next 45 days." Commissioner Geoffrey Starks suggested Congress is the proper venue: “I’m sure this Public Notice will generate a spirited discussion. Perhaps when comments are in we can package up the whole docket and send it over to Congress -- where this debate belongs.”
If presumptive Democratic presidential nominee Joe Biden wins the November election, there’s a danger “you’ll see the heavy-handedness of government” make a resurgence and stifle tech sector innovation, posing a risk the U.S. bid to dominate 5G development, House Communications Subcommittee ranking member Bob Latta, R-Ohio, said on C-SPAN’s The Communicators set to be televised this weekend. The U.S. needs to prevail in the 5G race against China and Russia, but tech sector officials have repeatedly told lawmakers that can happen only if the federal government continues to emphasize “soft-touch regulation,” as it has over the course of President Donald Trump’s administration, Latta said. He noted the importance of ensuring cybersecurity “is a major priority” given national security threats posed by Chinese equipment makers Huawei and ZTE and concerns about TikTok. Latta said consensus on appropriations via infrastructure legislation for broadband funding requires buy-in from both parties. The lawmaker pointed to an amended version of the 5G Spectrum Act (S-2881) as a potential compromise. The measure, which the Senate Commerce Committee cleared in December, would allocate 10% of proceeds from the FCC’s upcoming auction of spectrum on the 3.7-4.2 GHz C band for broadband (see 1912110038). Latta believes it’s going to be tougher to include broadband money in the next COVID-19 aid bill given other priorities. A final bill is likely to be a “much more scaled-down piece of legislation,” he said. Senate Republican proposals for the next aid legislation include few telecom and tech provisions (see 2007280059). Latta believes compromise and bipartisanship are required to advance any legislation to revamp Communications Decency Act Section 230. NTIA petitioned the FCC earlier this week to clarify Section 230, as President Donald Trump directed (see 2007270070).
Amid talk of federal regulation of social media platforms' editorial privileges, FCC Commissioner Mike O'Rielly called it "First Amendment gibberish" to argue such regulation is pro-free speech. He spoke to the Media Institute Wednesday, also seeking less regulation of other industries and to get localities out of cable franchising. The social media regulatory step would curtail free speech through government action, he said in prepared and actual remarks.
Legislators so far are reacting along party lines to NTIA’s petition (see 2007270070) that the FCC help crack down on social media. Even GOP lawmakers who were somewhat supportive cautioned regulators not to run afoul of the First Amendment.