For the past several months, Republican presidential candidate Donald Trump has heavily criticized U.S. broadcasters, claiming biased coverage that favors Democrats and even threatening to revoke broadcasters' licenses if he is elected next week.

Despite pushback from FCC chair Jessica Rosenworcel—who responded to former President Trump, stating “the FCC does not and will not revoke licenses for broadcast stations simply because a political candidate disagrees with or dislikes content or coverage”—one former FCC chief warns that such determination may not be enough to prevent damage to the commission.

The FCC is considered an “independent” regulatory agency and, as such, is less subject to a president’s individual whims. However, in a blog post on Brookings.edu, Tom Wheeler, who served as agency chairman during the second Obama administration from 2013-2017, said that if Trump follows through on a campaign promise to bring such independent regulatory agencies under presidential authority, he could assume sole power over the commission under the guise of a national emergency.

Section 706 (codified as 47 USC 606), titled “War Emergency—Powers of the President,” in the Communications Act of 1934 that created the FCC, reads:

“(c) Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency … the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication.”

Wheeler also warned that another part of the section refers to wired networks and could potentially apply to the internet. Since the Communications Act does not define what constitutes a “national emergency,” Wheeler said that based on past history, Trump would cut a wide swath with such privileges, adding that when he was president, Trump claimed total authority, once saying “I have Article II [of the Constitution], where I have the right to do whatever I want as president.”

“The terms ‘war or a threat of war, or a state of public peril or disaster or other national emergency’ are not defined by the Communications Act,” Wheeler wrote. “Such declarations of national emergency were, however, a go-to solution when Donald Trump was in office.”

Wheeler called on Congress to step in.

“The institution that created these broad powers, the Congress, has an important role as overseer of the authority they have delegated to the executive,” he wrote. “Congress constantly holds oversight hearings on the agencies of the executive branch; hearings on the unilateral powers granted to the president are warranted. The threshold question for such hearings should be whether there are sufficient guardrails in place to protect against their abuse, and what such protections should look like.

“Regardless of who wins the election—Congress should review whether the unilateral powers granted to the president in the 20th century need updating for the 21st century,” Wheeler said.

WASHINGTON—As the Obama administration winds down, FCC Chairman Tom Wheeler made his final speech in that position at the Aspen Institute in Washington. Wheeler used the opportunity to make a plea for retaining the FCC's Open Internet rules and reclassification of ISPs as common carriers, something that the new Republican Congress and President-Elect Donald Trump are believed to be against. Wheeler made the argument that Title II has proven to not be a hindrance to companies, in fact opening many doors for them, as well as a necessary element for the next-generation ATSC 3.0 standard.

It is time to keep moving forward, Wheeler concluded. "This is not the time to retreat and take things away."

Read the full story on TVT's sister publication B&C.

WASHINGTON—FCC Chairman Tom Wheeler has made it official what many believed would be the case following the results of the presidential election this past November, announcing that he will be stepping down from his position as chairman effective Jan. 20, 2017. Wheeler has held the position for the past three years.

Wheeler issued the following statement in a press release from the FCC:

"Serving as FCC Chairman during this period of historic technological change has been the greatest honor of my professional life. I am deeply grateful to the President for giving me this opportunity. I am especially thankful to the talented Commission staff for their service and sacrifice during my tenure. Their achievements have contributed to a thriving communications sector, where robust investment and world-leading innovation continue to drive our economy and meaningful improvements in the lives of the American people. It has been a privilege to work with my fellow Commissioners to help protect consumers, strengthen public safety and cybersecurity, and ensure fast, fair and open networks for all Americans.

WASHINGTON—A pair of staff announcements were made by FCC Chairman Tom Wheeler on Wednesday. First was the appointment of Holly Saurer as legal advisor, where she will focus on international and consumer affairs issues. Second was the transition of Diane Cornell to a role in the Commission’s International Bureau.

Prior to her new appointment, Saurer has worked in various positions in the Media Bureau, including as associate bureau chief, senior legal advisor to the bureau chief and attorney-advisor with the bureau’s Policy Division. She also previously served as an acting advisor for FCC Commissioners Jessica Rosenworcel and Mignon Clyburn. Prior to joining the FCC, Saurer worked at the offices of Drinker Biddle & Reath, and Miller & Van Eaton in Washington D.C.

In joining the International Bureau, Cornell is expected to continue pushing the Commission’s international priorities, as well as serve as special advisor to Wheeler. Cornell had been the Chairman’s legal and policy advisor since he joined the FCC. She was the legal advisor to three previous Commissioners as well. Other duties included leadership positions in the Wireless, International and Common Carrier Bureaus, and a stint as president of the Federal Communications Bar Association.

WASHINGTON—FCC Chairman Tom Wheeler and a trio of his Commissioners will make their way to Las Vegas to partake in sessions at the upcoming 2016 NAB Show. The Commissioners scheduled to speak at the show include Mignon Clyburn, Michael O’Rielly and Ajit Pai.

Tom Wheeler

Wheeler will headline a signature session that will be open to all attendees. Marci Burdick, NAB executive committee member and former Television Board chair, will lead the conversation, where the chairman is expected to discuss issues like the broadcast spectrum incentive auction, retransmission consent and the future of video delivery. The session will take place on April 20, from 9 – 10 a.m.

Clyburn, O’Rielly and Pai will all take part in separate sessions during the NAB Show Broadcast Management Conference. BMC runs from April 18-20 and examines broadcast and digital business accelerators and best practices, and provide an overview of regulatory and legislative issues for both radio and TV.

The 2016 NAB Show will take place from April 16-21.

WASHINGTON—Following the FCC’s release of new closed captioning rules, which are available here, Commission Chairman Tom Wheeler issued a statement to help clarify what entities are responsible for delivery and quality of closed captions on television.

“Today’s Commission action on closed captioning is about responsibility,” said Wheeler. “Those who produce and distribute video for television have a shared responsibility to ensure that closed captioning is both available and accurate. Likewise, this agency has a responsibility to seize on this moment in time which, for the first time in human history, offers us real opportunities to address the communications challenges faced by tens of millions of Americans with disabilities. We are making significant progress on this front and I thank my fellow Commissioners for joining me in this important work.”

These new rules are another step in Wheeler’s plan on communications accessibility. Previous FCC efforts included its rules to make deaf-blind equipment distribution program permanent, prioritized text-to-911 availability, improved accessibility of emergency information on second screen devices, and the adoption of closed captioning quality standards.

ARLINGTON, VA.—The Consumer Technology Association has announced that both Federal Trade Commission Chairwoman Edith Ramirez and Federal Communications Commission Chairman Tom Wheeler will serve as speakers at the upcoming CES 2016 conference. In addition, all commissioners from both agencies are scheduled to take part in a roundtable discussion on top policy and regulatory issues in regards to the Internet of Things, spectrum allocation, privacy and disruptive innovation.

Ramirez and Wheeler will join Gary Shapiro, CTA president and CEO, for SuperSession on the challenges their agencies must deal with in this changing technological landscape. The session is scheduled to take place Jan. 6 at 11:30 a.m. in the North Hall, room N257 of the Las Vegas Convention Center.

Part of CES 2016’s Innovation Policy conference track, the “2016 Preview: FCC and FTC Commissioner Roundtable” is also scheduled for Jan. 6 at 12:45 in room N254. FCC commissioners Mignon Clyburn, Jessica Rosenworcel, Ajit Pai and Michael O’Reilly will take part in the discussion, as will FTC commissioners Julie Brill, Maureen Ohlhausen, and Terrell McSweeny.

CES 2016 will take place from Jan. 6-9, 2016 in Las Vegas. For more information, visit www.CESweb.org.

WASHINGTON—House Energy and Commerce Committee leaders wrote to Federal Communications Commission Chairman Tom Wheeler Tuesday asking him to postpone this Thursday’s vote on incentive auction procedures. Committee Chairman Fred Upton (R-Mich.) and Communications and Technology Subcommittee Chairman Greg Walden (R-Ore.) were concerned about the “last-minute addition of significant data into the record” before the vote.

The data in question briefly describes the FCC’s post-auction TV station repacking simulations, which the NAB said were insufficient. The information was released Friday evening, six days before the scheduled vote at the commission regular open monthly meeting. Walden and Upton called on Wheeler “to postpone consideration of the July 16 item to allow sufficient time for all parties to review and respond to the data,” and questioned the FCC’s timing. A “Sunshine Notice” closing the record for further comment was issued a week before the meeting, then lifted the next day so the simulation data could be added to the record.

“Both of these actions are significant departures from commission procedure and raise concerns as to the public's ability to meaningfully comment on the data as well as the ability of the commissioners to vote on the item based on the information gathered,” Upton and Walden said.

“Stakeholders now find themselves in the unfortunate position of being handed an incomplete document at the 11th hour that lacks the underlying data to support its conclusions,” they said. “Releasing data of this complexity and importance in such close proximity to the open meeting impairs the ability of the public and industry to provide meaningful and considered feedback to the commission.”

Upon release of the letter, Upton and Walden issued a joing statement: “Here we go again. Like a broken record, we have heard the FCC leadership pledge repeatedly to improve process while continuing to find new ways to keep the public in the dark. Had the commission heeded the advice of commenters and released these data weeks ago, we would be lauding the commission today for its commitment to debate and a complete record. But when the commission acts to withhold data until the eleventh hour, it is going out of its way to keep the public and relevant stakeholders—including the commissioners—out of the process.

“The incentive auction has the ability to significantly improve the mobile Internet economy and ensure that broadcasters are appropriately compensated for parting with this valuable resource. To preserve these goals, Chairman Wheeler should postpone the commission’s vote and allow for appropriate public input and subsequent commission debate before moving forward. The public always wins with greater transparency.”

The full letter is here.