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2019 Telecommunications Policy Outlook
Regional Capabilities
The Federal Communications Commission will kick off 2019 at full strength for the first time since May 2018, when former Democratic Commissioner Mignon Clyburn departed the agency. The Senate confirmed Democrat Geoffrey Starks, an assistant chief in the Commission's Enforcement Bureau, to serve the remainder of Clyburn's five-year term ending in June 2022. In his confirmation hearing, Starks indicated that his priorities would include bridging the digital divide and advancing telemedicine. Starks's nomination was paired with that of Republican Commissioner Brendan Carr, who was confirmed to a second term at the agency. Carr, who overcame two holds on his nomination, is expected to continue leading the FCC's 5G efforts.
One proceeding that is sure to attract attention in 2019 is the FCC's review of T-Mobile's buy of Sprint, which was filed with the agency in June of 2018. At the close of the year, the Committee on Foreign Investment in the U.S. signed off on the deal. Team Telecom, comprised of the Department of Justice, the Department of Homeland Security and the Department of Defense also notified the FCC that they have reviewed the deal for potential national security, law enforcement, and public safety issues and have no objection to grant of the parties' license transfer applications.
In other merger news, the FCC will be tasked with reviewing Nexstar Media Group's proposed $4.1 billion buy of Tribune Media following the agency's effective rebuke of Tribune's merger with Sinclair in 2018. Also in 2019, the FCC will be reviewing media ownership rules with the intention to repeal or modify those regulations the agency determines to be no longer in the public interest. Such a review may make it possible for Big Four broadcast networks to own more than one broadcast station in the same market.
Remaining big ticket items include the agency's continued oversight of the nation's transition to 5G technology and efforts to combat robocalls. 5G, which promises faster speeds, lower latency, and greater reliability has the potential to power smart cities, self-driving vehicles, artificial intelligence and the ever-expanding universe of devices commonly-referred to as the Internet of Things. The FCC took several steps in 2018 to make it easier to deploy the infrastructure necessary to support 5G, and will follow up on those efforts in 2019. You can expect the FCC to follow its current auction of millimeter wave spectrum with additional auctions in 2019 as well as deregulation to support more fiber deployment. Critical to getting the necessary infrastructure in place will be cooperation between the federal government and localities to minimize the number of reviews companies must go through to get approval for new infrastructure deployments.
On the robocall front, the FCC is expected carry over its intense focus on the issue into the new year. In March, the U.S. Court of Appeals for the D.C. Circuit told the agency to revisit its definition of an "autodialer," among other questions. Since then, two other appeals courts have split on whether such a definition should be broad enough to encompass most technologies on the market. Resolving this split will be a critical piece of the agency's comprehensive strategy to curb unwanted calls.
Finally, with Democrats taking over the House of Representatives, expect the new leadership of the Energy and Commerce Committee to pursue aggressive oversight of the FCC, including regular hearings on key consumer concerns. Incoming Chairman of the Committee, Frank Pallone, cites protecting net neutrality and providing meaningful Internet privacy protections among his top issues.
Todd D. Daubert
Todd D. Daubert Partner, Washington, DCWashington, DC
D +1 202 408 6458
M +1 202 436 1819
todd.daubert@dentons.com
Lauren Wilson
Lauren Wilson Senior Managing Associate, Washington, DCWashington, DC
lauren.wilson@dentons.com
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