Interim Globalstar Regulatory Update - December 22, 2016
We have learned that as of close-of-business yesterday, December 21st, three (3) favorable votes have been registered in the FCC Commissioner electronic voting system for approving Globalstar’s revised Terrestrial Low Power Service (TLPS) proposal. Significantly, both GOP Commissioners now support the revised proposal. The proposal requires bipartisan support to be approved in this Post Election period
We have learned that:
? Chairman Wheeler, Commissioner Ajit Pai and Commission Michael O’Rielly have already voted in favor of the revised decision authorizing TLPS.
? Commissioner Mignon Clyburn’s favorable vote is expected shortly (her support for TLPS has never flagged), and end-of-year travel and logistics are the likely reason she has not already voted. She can vote electronically and we expect her favorable vote imminently.
? Commissioner Jessica Rosenworcel’s position remains unclear at this juncture, but Chairman Wheeler has effectively neutralized her by already securing the majority needed to approve the item. Even in this unusual Post Election period where only non-controversial and non-partisan measures are moving, a 4-1 vote is sufficient for approval.
Takeaway: In the last 24 hours, Globalstar has apparently secured approval for TLPS before the end of calendar year 2016, Commissioner Rosenworcel may still possibly inject modest delay in the process by declining to vote altogether. But, we do no believe that to be the case.
Under current FCC procedures, however, if an item has three votes on circulation, it can trigger “must vote” procedures, requiring the other Commissioners to vote by a set deadline, usually within a couple of weeks. Accordingly, even if Rosenworcel wanted to stall the item on behalf of unlicensed interests that she is closely aligned with (we have no knowledge of such an effort on her part), she could not delay her vote until the Presidential Inauguration and Chairman’s Wheeler’s announced departure. While possible, we view such behavior as unlikely.
We are collecting additional information on the status of the vote and seeking confirmation that no untoward one-off terms or conditions slipped into the item on the 8th Floor, and expect to circulate a second interim alert during business hours later today.
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